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04-15-2020 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 O F SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL O F THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL O F THE CITY OF SAN BERNARDINO ACTING AS TH E SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, APRIL 15, 2020 5:30 PM CALL TO ORDER The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by on Wednesday, April 15, 2020, via web-conference. 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 L. Richard Jim Mulvihill Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/25/2020 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, inquired on pending investigation against Mayor Valdivia regarding allegations of harassment and sexual harassment and requested that the City provide an update. The Mayor, City Council, and Staff convened into Closed Session following the Closed Session Public Comments. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. David Miller v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10159 ii. Sencio Chavez v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9611 iii. George Gabera v. City of San Bernardino, Workers’ Comp. Claim No. CBSY- 9485 iv. Thomas Shank v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10413 v. Gregory Parker v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ1092715; ADJ3728783; ADJ4657808; ADJ693593; ADJ9657857; and ADJ10586898 vi. Carmen Acosta v. City of San Bernardino, Workers’ Comp. Claim No. 17- 132061 vii. Jonathan Keil v. City of San Bernardino, Workers’ Comp. Claim No. CSBY10171 viii. Daniel Han v. City of San Bernardino, Workers’ Comp. Claim No. 18-137756 ix. Kimberly Graham v. City of San Bernardino, Workers’ Comp. Claim No. 17- 132017 x. David Johnson v. City of San Bernardino, Workers’ Comp. Claim No. 18- 137083 xi. Michael Gomez v. City of San Bernardino, Workers’ Comp. Claim No. 18- 139152 xii Randall Wilson v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 8968 xiii. Joey Zink v. City of San Bernardino, Workers’ Comp. Case No. ADJ2194535 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case (C) PUBLIC EMPLOYEE APPOINTMENTS - Pursuant to Government Code Section 54957(b): City Manager initiated to discuss procedure related to future appointments 7:00 P.M. Mayor Pro-Tem Sanchez called the meeting to order at 7:16 p.m. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/25/2020 INVOCATION AND PLEDGE OF ALLEGIANCE At this time, Mayor John Valdivia joined the Open Session and led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that three items were discussed in Closed Session and that there was reportable action on Item B – Conference with Legal Counsel – Anticipated Litigation, The City Council voted with a vote of 6-1 (COUNCILMEMBER IBARRA OPPOSED), to initiate litigation against Southern California Edison to recover underpaid utility user tax payments to the City. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Douglass Meister, San Bernardino, spoke on Item No. 2 and his concerns regarding the project. Todd Thompson, San Bernardino, spoke on Item No. 2 and expressed that he was in favor of option number two the Waterman option. Erin Madrigal, spoke continuing issues with homelessness and expressed her disagreement in providing funding for the Mayor’s legal expenses. Phil Rainbolt inquired whether the City was obeying the state mandated quarantine. Leticia Garcia spoke on Item No. 6 and requested that the Council reject the request for legal representation for Mayor Valdivia. Kalani Hunter, Rancho Cucamonga, inquired on the resources the City was providing to the residents of San Bernardino during the COVID-19 pandemic. Treasure Ortiz, San Bernardino, spoke on Item No. 6; requested that the City Council not allow the Mayor to participate in the discussion and requested that they deny the request for legal presentation Cristopher Gonzalez, San Bernardino, spoke on moving COVID-19 testing to the airport where it would be easier to facilitate. Carmel Roe, San Bernardino, spoke on Item No. 2 and stated that she was in favor of the project and requested that the contract be awarded to GFR Homes. Kim Kanotte, San Bernardino, stated she was in favor of Item No. 2 but requested that the City have a well thought out plan and vision for the new development and requested that the City Council hold off until the General Plan is updated. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/25/2020 Barbara Babcock spoke on Item No. 6 and requested that the City Council vote in opposition of providing Mayor Valdivia with a legal defense fund. First name inaudible Rose, spoke on Item No. 2, she inquired whether there had been any community outreach from the developers to gain input from the residents Tim Prince, stated that the April 15, 2020, Mayor and City Council agenda was not posted online, and expressed that he was in opposition of Item No. 6 the request for legal representation for Mayor Valdivia. Acting City Clerk Genoveva Rocha clarified that the agenda for the April 15, 2020, Mayor and City Council meeting had been posted online on Friday April 10, 2020, and that the agenda had been down from the server today for an hour due to technical difficulties, but that nothing had been changed on the agenda. Councilmember Nickel read a three public comments submitted by members in the public relating to Item No. 6 and stating their opposition for the Mayor’s request for a legal defense fund. Councilmember Mulvihill read into the record a public comment submitted by Jeanette McKaig who commented on police response times. Councilmember Sanchez read into the record a public comment submitted by Luis Ojeda. Mr. Ojeda expressed his opposition regarding the request to provide Mayor Valdivia with a legal defense fund. Councilmember Richard read into the record a public comment submitted by Hardy Brown Sr. requesting that Mayor Valdivia resign from his position and the City Council deny Mayor Valdivia’s request for a legal defense fund. Acting City Clerk Genoveva Rocha informed the Mayor that a recorded public comment had been missed and proceeded to play the recording. Tressy Capps, San Bernardino, stated she was in opposition of providing legal representation for the Mayor; she spoke about possible code violations at 200 Ostrich Way near the Taco Bell. Councilmember Shorett acknowledged DJ’s Coffee Shop and the Ye Olde Lamplighter restaurant for joining forces to provide free Easter meals to the community. Mayor Valdivia addressed the Ms. Hunter’s public comment and referred her to the City of Rancho Cucamonga’s Mayor. Mayor Valdivia also addressed Mr. Gonzalez’s comment and stated the airport was for economic airport operations and that the City was working on a local plan; Mayor Valdivia stated he was providing community updates via Channel 3, emails, and via social media. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/25/2020 STAFF REPORTS 1. COVID-19 – Impact on City Operations and Revenue Recommendation Receive an update on the impact the novel coronavirus (COVID-19) pandemic is anticipated to have on City operations and revenue. City Manager Teri Ledoux provided an update to the Mayor and City Council on the impact of the novel coronavirus (COVID-19) pandemic is anticipated to have on the City operations and revenue. She informed that the City’s website was updated frequently as the updates came in from the County Health Department and that information was also available by contacting the call center at 909-384-7272. Mayor John Valdivia inquired and Finance Director Paul Espinoza explained that lost revenue and expenditures related to COVID-19 are being tracked in hopes of getting some reimbursement from federal or OES. He stated at the time it was unknown if the City would receive a reimbursement covering 100% of the expenditures. Mayor Valdivia informed that City had received a CDBG grant and an Emergency Solutions grant totaling three million dollars and that was a result of the hard work of staff. Councilmember Nickel inquired and Finance Director Paul Espinoza informed that the City had reached out to CalPERS and that the response was that there would most likely be a rate increase; however, the rate increase, if any would not be implemented until FY 21/22 and it is uncertain what the rate increase will be. Councilmember Ibarra commented that with the money being received from CDBG and ESG the City should provide housing for the homeless; she inquired and Acting Chief McBride explained that the social distancing order from the Governor stated that he wanted voluntary compliance and the Police Department is encouraging people to voluntarily comply. Mayor Valdivia requested that City Manager Teri Ledoux address the availability of PPE supplies for staff and City manager Teri Ledoux explained that directors were provided with access to supplies for their departments and requests could be submitted for necessary supplies. Councilmember Shorett inquired and City Manager Teri Ledoux informed that the reimbursement is for direct cost related to this pandemic and not for loss of revenue. RESULT: Receive and File Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/25/2020 2. Results of the Letter of Interest for the Bice Property Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, consider: 1. Directing the City Manager to proceed with the preparation of an Exclusive Right to Negotiate Agreement (“ENA”) between the City of San Bernardino and SA Marina, LLC for the purchase and development of the Bice property; and 2. Requesting that the final draft ENA come before the Mayor and City Council for final consideration. Community and Economic Development Director Michael Huntley provided a presentation to the City Council and explained how they arrived to a decision in choosing SA Marina LLC from the proposals received. The Mayor and City Council discussed the appraised value of the property. Councilmember Shorett inquired and Mr. Huntley informed that there were not many proposals were received because environmental factors needed to be taken into consideration. He stated that the property is in a flood control channel and it is also impacted by the kangaroo rat, and those challenges dissuade some people because they will have to go through a long environmental process. The zoning of the property as a low density residential development would have dissuaded commercial developers. Councilmember Nickel inquired if it would be best to postpone the item until there was clarity on the where the City was going with the General Plan update and Mr. Huntley agreed that waiting was a good idea to allow for a better outcome and community support. Mayor Valdivia stated that the City Council has a fiduciary responsibility to emphasize the property's value and strongly encouraged to consider the value of the property versus the offers on the property. RESULT: Motion to table them item and reconsider once the General Specific Plan has been reviewed and revised. [7-0] MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/25/2020 3. Resolution Authorizing Submittal of an Application for Permanent Local Housing Allocation Funds Recommendation Adopt Resolution No. 2020-60 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or Assistant City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation Funds from the California Department of Housing and Community Development. RESULT: Adopt Resolution No. 2020-60 [7-0] MOVER: Sandra Ibarra, Councilmember, Ward 2 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None Housing Manager Gretel Noble provided a brief presentation to the Mayor and City Council. 4. Introduction and First Reading of Ordinance MC-1535 – Pertaining to the Use of Fireworks Within City Limits Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California introduce, read by title only, and waive further reading of Ordinance MC- 1535, amending Chapters 8.60 and 8.61 of Title 8 and Chapter 9.93 of Title 9 of the San Bernardino Municipal Code, pertaining to the use of fireworks within city limits. Acting Chief McBride provided a presentation to the Mayor and City Council. RESULT: Introduced, read by title, and waived further reading of Ordinance MC-1535 [7-0] MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None 5. Budget Amendment for the Offices of the Mayor and City Manager and Ordinance Amending Chapter 2.02 of the Municipal Code Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Amend the FY 2019/20 Adopted Budget to transfer the Mayor’s Chief of Staff (U), Assistant to the Mayor II (U), Senior Customer Service Representative (U) and part-time personnel from the Office of the Mayor to the Office of the City Manager Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/25/2020 effective April 16, 2020. 2. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1534, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.02 of the San Bernardino Municipal Code assigning responsibility to the City Manager for the administration of the Offices of the City Council, Mayor and City Attorney. City Manager Teri Ledoux provided a presentation to the Mayor and City Council. MOTION BY COUNCILMEMBER FIGUEROA, SECOND BY COUNCILMEMBER SANCHEZ, CARRIED 7-0, TO TAKE A SEPARAT E VOTE ON EACH ITEM. MOTION BY COUNCILMEMBER SANCHEZ, SECOND BY COUNCILMEMBER NICKEL, CARRIED 7-0, to Amend the FY 2019/20 Adopted Budget to transfer the Mayor’s Chief of Staff (U), Assistant to the Mayor II (U), Senior Customer Service Representative (U) and part-time personnel from the Office of the Mayor to the Office of the City Manager effective April 16, 2020. Councilmember Nickel expressed his concerns over the cost of drafting and Ordinance and requested that the item be approved by Minute Order. City Manager Teri Ledoux explained that the Ordinance would make the action official, and it was the recommendation that she and legal Staff were recommending. City Attorney Sonia Carvalho explained that the cost of drafting the Ordinance is included in the legal retainer. Councilmembers Ibarra and Figueroa expressed their concerns regarding assigning the responsibility to the City Manager for the administration of the City Council Office, given the amount of Staff she was currently overseeing. Councilmember Shorett stated he agreed with Councilmember Nickel that an Ordinance was not required to make the change. Councilmember Richard stated she agreed with Councilmember Shorett and Nickel as to not requiring an Ordinance; however, she was supporting Councilmember Sanchez and Ibarra and voting no to transferring authority to the City Manager for the administration of the City Council Office. MOTION BY COUNCILMEMBER SANCHEZ, TO EXCLUDE THE COUNCIL STAFF BUT CONTINUE TO INCLUDE THE CITY ATTORNEY AND MAYOR’S STAFF. Councilmember Nickel introduced a secondary motion: After Councilmember Nickel’s motion was seconded by Councilmember Shorett, Councilmember Ibarra stated she would second Councilmember Sanchez’s motion. The Mayor did not recognize Councilmember Sanchez’s motion. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/25/2020 MOTION BY COUNCILMEMBER NICKEL, SECOND BY COUNCILMEMBER SHORETT, CARRIED 4-3 (OPPOSED BY COUNCILMEMBERS, IBARRA, FIGUEROA, RICHARD) TO APPROVE BY MINUTE ORDER APPOINT THE CITY MANAGER OVERSEEING SUPERVISORY RESPONSIBILITY FOR THE CITY COUNCIL AND CITY ATTORNEY STAFF AND THAT SHE WILL CONTINUE IN THAT CAPACITY UNTIL SUCH TIME. Discussion on Item No. 6 ensued, and at the time, Councilmember Sanchez informed that he would like to change his vote on Item No. 5 and open the item for discussion. MOTION BY COUNCILMEMBER SANCHEZ, SECOND BY COUNCILMEMBER IBARRA, CARRIED 4-2 (OPPOSED BY COUNCILMEMBERS SHORETT AND RICHARD) TO RECONSIDER OF THE VOTE ON ITEM NO. 5. RESULT: ADOPTED [4-3] Approve by Minute Order to appoint the City Manager as overseeing supervisory responsibility for the Mayor, City Council, and City Attorney Staff and that she will continue in that capacity until such time. MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Shorett, Nickel, and Mulvihill NAYS: Ibarra, Figueroa, and Richard ABSTAIN: None 6.Approval of Request for Legal Representation Recommendation Review and consider request for legal representation for Mayor John Valdivia pursuant to Government Code Section 995 and select attorney for requested representation. Mayor John Valdivia recused himself from the discussion on Item No. 6 MOTION BY COUNCILMEMBER IBARRA, SECOND BY COUNCILMEMBER SANCHEZ, to deny legal representation City Attorney Sonia Carvalho provided a presentation to the City Council. Councilmember Shorett stated that the City did have a legal obligation to approve legal representation for the Mayor; however, it was unnecessary to hire a special representation or a separate attorney. Councilmember Shorett introduced a secondary motion: MOTION BY COUNCILMEMBER SHORETT, to not hire any of legal representation listed in the Staff report, that the Mayor be represented by City Attorney Staff. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/25/2020 City Attorney Sonia Carvalho explained that the City’s duty to defend an employee or elected official is not always absolute, there a nuisances to that. CM Ibarra referenced section 815.3. What the section actually says is not withstanding any other provision a public entity is not liable to a plaintiff or have a duty to represent, she emphasized it said notwithstanding unless the elected official and the public entity are named as co- defendants in the same action. She clarified that the Claim filed against the City is a claim against the City and Mr. Valdivia. Section 815.3 would only apply when someone is only suing an individual councilmember and does not bring the City into it as well. She informed that Councilmember Shorett was correct that the City does have a duty to represent unless the conditions she referenced were present. Whether the individual receives their own legal counsel is up to the discretion of the City Council. She stated they had discussed the legal issues and liabilities in Closed Session but a contractual issue could not be discussed in Closed Session and it had to come before the public in open session in a transparent manner. Councilmember Shorett reiterated that he was not in support of hiring a special attorney to represent Mayor Valdivia individually and that the City Attorney should be left to defend the case and until something further happens that is the direction the City should go. City Attorney Sonia Carvalho explained that the City of San Bernardino has already engaged seepage legal counsel, the law firm of Liebert Cassidy & Whitmore to represent the City in this matter with respect to the investigations and the City’s general defense. They are used as special counsel and she clarified that she personally for Best Best and Krieger would not represent the Mayor nor an individual Councilmember that was named personally under these conditions it is perceive as a conflict of interest. Councilmember Nickel motion to table the item. MOTION BY COUNCILMEMBER NICKEL, SECOND BY COUNCILMEMBER SHORETT, MOTION FAILED 3-4 (COUNCILEMEMBERS IBARRA, FIGUEROA, RICHARD, AND MULVIHILL OPPOSED), to table Item No. 6. Councilmember Ibarra referenced GC 995 and stated she would be voting no on this item. Figueroa inquired and City Attorney Sonia Carvalho explained that BB&K made it clear from the day the claims were brought forward that they would not be involved in handling them or handling the investigation but in this case this item was initiated by a written request from the Mayor. Councilmember Figueroa motioned to consider choosing legal representation with the lowest rate. Councilmember Mulvihill stated he wanted to reconsider his vote on the last motion made. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 5/25/2020 Councilmember Nickel introduced a motion to table the item rather than reconsider the prior action taken. RESULT: MOTION TO TABLE THE ITEM (4-3) MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Fred Shorett, Councilmember, Ward 4 AYES: Sanchez, Shorett, Nickel, and Mulvihill NOES: Ibarra, Figueroa, and Richard PUBLIC HEARINGS 7. Draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing and Draft FY 2020-2021 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing on the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020- 2021 Annual Action Plan associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs; and 2. Adopt the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020-2021 Annual Action Plan as an application for funding under Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant; and 3. Authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the draft Fiscal Year 2020-2025 Consolidated Plan and draft Fiscal Year 2020-21 Annual Action Plan and necessary certifications to the United States Department of Housing and Urban Development; and 4. Direct the Finance Director to amend the budget for Emergency Solutions Grant (ESG) unspent dollars. Housing Manager Gretel Noble provided a presentation to the Mayor and City Council. MOTION BY COUNCILMEMBER SHORETT, SECONDED BY COUNCILMEMBER RICHARD, to approve Staff’s recommendation. Councilmember Sanchez opened the Public Hearing at 10:30 p.m. Acting City Clerk Genoveva Rocha announced there were no requests to speak on this item. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 5/25/2020 Councilmember Sanchez closed the Public Hearing at 10:33 p.m. RESULT: Approve Staff’s recommendations as outlined [7-0] MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None 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 Teri Ledoux explained that there had been changes to Item No. 15 and that the changes had been provided via email. The City Council confirmed that the changes had been received. Councilmember Nickel stated he would be abstaining from Item No. 10. Councilmember Ibarra requested clarification Item No. 19 regarding the account balance for the Animal Shelter Repair Fund. RESULT: Approve the Consent Calendar with Item No. 19 being pulled for discussion and Item No. 10 reflecting Councilmember Nickel abstaining from the item [7-0] MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None 8. Approval of Commercial Checks 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 March and April 2020. 9. City Council Approval of Draft Minutes for the Regular Meeting of March 4, 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 meeting of March 4, 2020. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 13 Printed 5/25/2020 10. Adopt Resolution Reciting the Fact of the Primary Municipal Election Held on March 3, 2020 Recommendation Adopt Resolution No. 2020-62 of the Mayor and City Council of the City of San Bernardino, California, reciting the fact of the Primary Municipal Election consolidated with the Presidential Primary Election held on March 3, 2020 declaring the result and such other matters as provided by law. RESULT: Adopt Resolution No. 2020-62 [5-1-0] MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, and Mulvihill ABSTAIN: Nickel NOES: None 11. Resolution Confirming City Manager's Executive Order No. 2020-03 Recommendation Adopt Resolution No. 2020-63 of the Mayor and City Council of the City of San Bernardino, California, confirming the City Manager's Executive Order No. 2020-03 pursuant to Municipal Code 2.46.090 extending the stay on the City’s compliance with any deadlines established by the City until May 4, 2020. 12. Resolution Authorizing the City Manager to Complete and Obtain Necessary Signatures to Complete Cal OES Form 130 for Purposes of Obtaining Emergency Funding Recommendation Adopt Resolution No. 2020-71 authorizing the City Manager to complete and obtain necessary signatures to complete Cal OES form 130 for purposes of obtaining emergency funding. 13. Adopt a Resolution Authorizing the Execution of an Agreement with SB County for CAL-ID Recommendation Adopt Resolution No. 2020-73 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an agreement with the County of San Bernardino for the implementation and operation of all Biometric Identification Systems and DNA Services (San Bernardino CAL-ID). 14. Professional Services Agreement with PlaceWorks for the Foisy Project Recommendation Adopt Resolution No. 2020-64 of the Mayor and City Council of the City of San Bernardino, California, approving the Professional Services Agreement with PlaceWorks to provide third-party CEQA review services for the Foisy Project; authorizing the City Manager or designee to sign and execute the agreement; and authorizing the Finance Director to amend the FY 2019/20 adopted budget accordingly. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 14 Printed 5/25/2020 15. Norton Science and Language Academy Project – Ground Lease Agreement Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-70, authorizing the City Manager to execute a lease agreement for the development, establishment, and operation of the Norton Science and Language Academy at 230 South Waterman Avenue. 16. Adopt a Resolution Declaring Intention to Conduct a Public Hearing to Order the Vacation of Portions of Artesia Street Recommendation Adopt Resolution No. 2020-65 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to order the vacation of portions of Artesia Street located south of Rialto Avenue and the reservations of utilities therein. 17. Resolution Declaring Intent to Conduct a Public Hearing to Order the Vacation of a Portion of Home Avenue, "I" Street, and Montgomery Street Recommendation Adopt Resolution No. 2020-66 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to order the vacation of portion of Home Avenue, “I” Street, Montgomery Street and the reservation of utilities therein. 18. SB1 2020/2021 Road Maintenance Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission; and 2. Adopt Resolution No 2020-67, adopting a list of projects for Fiscal Year 2020/21 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017. 19. Animal Shelter Mold Abatement Project Change Order Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-68 authorizing the City Manager to execute Contract Change Order (CCO) #1 to Project No. 1332 with Noble E&C, Inc. in the amount of $27,998, for a full contract not-to-exceed amount of $101,998; and authorizing the Director of Finance to record a budget adjustment in Animal Shelter Improvement Fund 124 and update the project purchase order to reflect the full, approved project cost. Councilmember Ibarra requested clarification on the account balance for the Animal Shelter Repair fund. Finance Director Paul Espinoza informed that the amount of $68,000 was the amount available for in the project fund. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 15 Printed 5/25/2020 RESULT: Adopt Resolution No. 2020-68 and Staff’s recommendation as outlined [7-0] MOVER: Sandra Ibarra, Councilmember, Ward 2 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None ITEMS TO BE REFERRED TO COMMITTEE Councilmember Nickel asked when the City Council could anticipate the item on cannabis coming back for discussion. City Attorney Sonia Carvalho requested that this item be put on the Closed Session for the May 6, 2020, meeting to discuss new developments. Councilmember Mulvihill inquired the names of the individuals were suing the City and City Attorney Sonia Carvalho informed that the City had received three tort claims two of which involved the women mentioned in the media and that a third claim had been received. Councilmember Mulviill stated he had reviewed Mayor John Valdivia’s 460 Forms and pointed out payments to two of the claimants from his own finances and that the actions were possibly not committed during City time. Councilmember Sanchez stated that he felt they could be in potential violation of the Brown Act if this discussion continued. City Attorney Sonia Carvalho clarified that this section of the agenda was to refer items to committees or request the City Manager to bring agenda items before the Council and the information provided by CM Mulvihill should be discussed with the City Manager and Human Resources Director, and provided to the special counsel to investigate and look into. Councilmember Ibarra requested a report of the balance remaining in the Animal Shelter repair fund and a report to discuss the banning or fireworks citywide; she also requested that staff bring back a strategic action homeless plan to address homelessness in the City. City manager Teri Ledoux stated that staff could bring back a report outlining what the City is already doing in regards to homelessness. City Manager Teri Ledoux requested a vote on the banning of fireworks. City Clerk asked for clarification if there was second to Councilmember Ibarra’s motion to bring a staff report to discuss the banning of fireworks citywide. There was no second on the item and the motion failed due to a lack of a second. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 16 Printed 5/25/2020 REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 10:45 p.m. on Wednesday, April 15, 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, April 29, 2020 in the Council Chamber located 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 Acting City Clerk