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HomeMy WebLinkAbout06-03-2020 MCC Regular City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org MINUTES FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JUNE 3, 2020 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:45 PM by Mayor John Valdivia on Wednesday, June 3, 2020, via Web-Conference, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Mayor Pro-Tem, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Present James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha Acting City Clerk Present Sonia Carvalho City Attorney Present Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine Richard James Mulvihill Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 6/4/2020 CLOSED SESSION PUBLIC COMMENT There were no public comments submitted for Closed Session. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): a. Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:18-cv-02277 SVW (SPx) b. Pepe’s Inc., a California Corporation, dba Pepe’s Towing v. City of San Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No. 19- 56501 c. Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC Case No. CIVDS1827968) d. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1914576 e. Arrowhead Lodge No. 896 I.B.P.O.E. of W and its members v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1913826 f. Ashe Society SB, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1911952 g. EEL Holdings, Inc., LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1906467 h. Kostadinos Kahros, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1830325 i. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1905710 j. Quiang Ye, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1704276, Court of Appeals Case No. D076196 k. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1922151 l. KP Investment Group, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1909577 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): four cases - tort claims filed by Mirna Cisneros (dated February 12, 2020), Karen Cervantes (dated February 12, 2020), Don Smith (dated March 31, 2020), and Jackie Aboud (dated April 27, 2020). INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Ibarra led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho announced that there was no reportable action. Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 6/4/2020 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Liz Gold, San Bernardino, called about curfew notifications distributed via mobile phones. She wants to know if the City has something like this, or if it is something the City can get. Jeanette McKaig, San Bernardino, called with concerns about the City communicating effectively with citizens regarding curfews and other issues. She requests that the Mayor step down from his duties. Debbie Arreola, San Bernardino, was concerned that citizens had no direction from the City regarding the riots that occurred over the weekend. She stated that there is no protection for citizens. She would like the management of the Police Department to be investigated. Esmeralda Negrete, San Bernardino, commended council regarding the budget reductions from the last meeting. She expressed concern about the Mayor and the lawsuits against him. Mayor Valdivia made a public statement regarding the incidents that took place over the weekend and thanked surrounding agencies, the San Bernardino Sheriff’s Department and California Highway Patrol for their assistance. Council Member Shorett read into the record an emailed comment from Dr.Margaret Hill Council Member Shorett read into the record an emailed comment from Dr. Treasure Ortiz requesting that the Mayor and Council Member Figueroa recuse themselves from Item No. 8. Council Member Nickel read into the record a written comment from an anonymous submitter related to fireworks. Council Member Richard read into the record a written comment submitted by Mr. Hardy Brown of Black Voice News, he spoke on the incident involving George Floyd and police brutality. City Manager Teri Ledoux informed that staff had an emergency resolution item related to an Executive Order for the Mayor and City Council’s consideration and requested that the item be added to the agenda due it coming up after the posting of the agenda and requiring immediate action. RESULT: Add Item No. 18 Emergency Resolution to the Consent Calendar due to the item coming up after the posting of the agenda and requiring immediate action (Carried 7-0) MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill NOES: None Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 6/4/2020 Acting Chief McBride provided the Mayor and City Council with an update on the incidents that took place over the weekend and spoke on the curfew and protests that have taken place since. Council Member Nickel commented on the protests and asked why the City was not utilizing cellular technology to inform the public about the curfews. Acting Chief McBride informed that the City would have to purchase a reverse 911 system to allow for those notifications to be sent. City Attorney Carvalho advised the Mayor and City Council why the executive order was drafted. STAFF REPORTS 1. Interim Golf Course Management Agreement Recommendation Adopt Resolution No. 2020-123 of the Mayor and City Council of the City of San Bernardino, California, to ratify the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC for the Shandin Hills Golf Course. Community and Economic Development Director Michael Huntley gave a presentation to the Mayor and City Council. The Mayor and City Council discussed briefly discussed potential options for the golf course. RESULT: Adopted Resolution No. 2020-123 to ratify the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC for the Shandin Hills Golf Course, CARRIED 7-0. MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill NOES: None PUBLIC HEARINGS 2. Resolution of the Mayor and City Council of the City of San Bernardino Approving the Issuance of Bonds Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California; 1. Conduct a public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended; and Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 6/4/2020 2. Adopt Resolution No. 2020-108 of the Mayor and City Council of the City of San Bernardino, California, approving the issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an aggregate principal amount not to exceed $55,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement, and equipping of Foothill Villas Apartments and certain other matters relating thereto. Mayor Valdivia opened the Public Hearing at 8:09 p.m. Housing Manager Gretel Noble provided a presentation to the Mayor and City Council. There were no requests to speak or public comments submitted. Mayor Valdivia closed the Public Hearing at 8:12 p.m. RESULT: Conducted a Public Hearing and Adopted Resolution No. 2020- 108, approving the issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an aggregate principal amount not to exceed $55,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement, and equipping of Foothill Villas Apartments and certain other matters relating thereto. MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihilll, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion, unless a Council or staff member has pulled the item for more discussion. City Manager Ledoux informed the Mayor and City Council that staff was requesting to continue Item Nos. 11 and 14 to a future meeting. RESULT: Approved the Consent Calendar, continued Item Nos. 11 and 14. Item No. 18 was added to the Consent Calendar and a separate vote was taken on that item, CARRIED 7-0 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihilll, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill 3. City Council Approval of Draft Minutes for the Regular Meeting of March 18, 2020, April 1, 2020, and the Special Meeting of April 8, 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the Mayor and City Council meetings of March 18, 2020, April 1, 2020, and April 8, 2020. Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 6/4/2020 4. Adoption of Ordinance No. MC-1531 Sign Regulations Update Recommendation Accept for final reading and adopt Ordinance No. MC-1531 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code. 5. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for May 2020. 6. Monthly Investment Portfolio Report for April 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April 2020. 7. Resolution Authorizing the Increase of a Purchase Order to Duratech USA, Inc. Recommendation Adopt Resolution No. 2020-110 of the Mayor and City Council of the City of San Bernardino, California, authorizing the increase of the purchase order issued to Duratech USA, Inc. to $70,200. 8. Cannabis Consulting Services Agreement Recommendation Adopt Resolution No. 2020-111 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and SCI Consulting Group (SCI) for Cannabis Monitoring and Financial Audit Services at the proposed contract amount; and approve the amended Minutes for the December 4, 2019 Mayor and City Council meeting, Item No. 24, reflecting the correct motion and consulting group awarded the Professional Services Agreement for Cannabis Monitoring and Financial Audit Services. 9. Purchase and Sale Agreement with Edward C. Adams and Jeanne M. Adams with Respect to the Real Property Located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street (APNs 0138-114-09 to -11 and 0138-114-18) Recommendation Adopt Resolution No. 2020-109 of the Mayor and City Council of the City of San Bernardino, California, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino and Edward C. Adams and Jeanne M. Adams with respect to the real property located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs 0138-114-09 to -11 and 0138-114-18), and authorizing the City Manager to execute the Agreement. Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 6/4/2020 10. Resolution Approving Final Tract Map 17170-1 (Subdivision 04-23) Santiago Communities Recommendation Adopt Resolution No. 2020-112 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 17170-1 (Subdivision 04- 23) involving the subdivision of a parcel containing approximately 9.75 acres into thirteen (13) single-family residential lots and one Lettered Lot “A”. The project site is located on the easterly side of Macy Street between Spruce Street and Sixth Street within the Residential Suburban (RS) Zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. 11. Resolution Approving Cooperative Agreement with the City of Highland and San Bernardino County for Submission of a Grant Application to the Active Transportation Cycle 5 Grant Program Recommendation Adopt Resolution No. 2020-113 of the Mayor and City Council of the City of San Bernardino, California, approving a Cooperative Agreement with the City of Highland and San Bernardino County for the submission of a Grant Application to the Active Transportation Cycle 5 Grant Program for the Highland/San Bernardino Bi-City Bikeway and Walkway Connector (Project) and authorizing the Director of Finance to record a budget adjustment in Local Circulation Development Impact Fee (DIF) Fund No. 263 in the amount of $23,000 in support of the application preparation. Item No. 11 was continued to a future meeting date to be determined. 12. Approve Stormwater Treatment Devices and Control Measure Access and Maintenance Agreement Between San Bernardino County Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-114, authorizing the City Manager to execute a Stormwater Treatment Device and Control Measure Access and Maintenance Agreement between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP). 13. Revised Five-Year Capital Improvement Program (FY 2019/20 to FY 2023/24) for Measure I Local Expenditures Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-115, approving the Revised Measure I Five- Year Capital Improvement Plan for FY 2019/20 through FY 2023/24 and Measure I Expenditure Strategy and acknowledging that the City will maintain the base year level of expenditures in the amount of $1,075,643 from the General Fund to meet required Maintenance of Effort (MOE) expenditures in FY 2019/20. Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 6/4/2020 14. Purchase and Sale Agreement and Joint Escrow Instructions for the Partial Acquisition for Assessor’s Parcel 0271-051-11 and 0271-051-12 for the Widening of West 40TH Street from Johnson Street to Electric Avenue Recommendation Adopt Resolution No. 2020-117 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Partial Purchase and Sale Agreement with Bryan Henley and Sharland L. Henley for the property located at 337 & 339 West 40th Street. Item No. 14 was continued to a future meeting date to be determined. 15. Resolution to Reject All Bids for Special Provisions No. 13400 - Pavement Rehabilitation at Eleven Locations Recommendation Adopt Resolution No. 2020-118 of the Mayor and City Council of the City of San Bernardino, California, rejecting all bids for Special Provisions No. 13400 - Pavement Rehabilitation at Eleven Locations ("Project"). 16. Authorize the Issuance of a Purchase Order to Maneri Traffic Control, Inc., for the Purchase of Four Traffic Message Boards Recommendation Adopt Resolution No. 2020-119 of the Mayor and City Council of the City of San Bernardino, California to: 1. Authorize the purchase of four (4) Wanco Mini Three-Line Message Boards from Maneri Traffic Control, Inc. Fallbrook, CA, in the amount of $70,000; and 2. Authorize the Director of Finance to record a budget adjustment in the amount of $70,000 in Traffic Safety Fund No. 128 for the purchase; and 3. Authorizing the Director of Finance to issue a purchase order in the support of the equipment purchase. 17. Public Works Equipment Purchase - Traffic Signal Controllers Recommendation Adopt Resolution 2020-121 of the Mayor and City Council of the City of Bernardino, California: 1. Authorizing the purchase of fifteen (15) traffic signal controllers from McCain Inc., of Vista, California in the amount of $44,550; and 2. Authorizing the Director of Finance to record a budget adjustment in the Traffic Safety Fund (128) for the equipment purchase; and 3. Authorizing the Director of Finance to issue a purchase order in support of the equipment purchase. Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 6/4/2020 18. Emergency Resolution Ratifying the Executive Order No. 2020-04 and Proclaiming the Existence of a Local Emergency Recommendation Adopt Resolution No. 2020-96 Ratifying the Executive Order No. 2020-04 and Proclaiming the Existence of a Local Emergency City Manager Ledoux read Section 8 of the Executive Order that explained how long the curfew would be enacted. The Mayor and Council Members commented on the curfew and recommended that the curfew be moved to 8 p.m. MOTION BY COUNCIL MEMBER MULVIHILL, SECONDED BY COUNCIL MEMBER RICHARD to move the curfew to 8:00 p.m. Council Member Mulvihill amended his motion to include the adoption of Resolution No. 2020-96 RESULT: ADOPTED RESOLUTION NO. 2020-96 Ratifying the Executive Order 2020-04, Proclaiming the Existence of a Local Emergency, and directing staff to move the curfew to 8:00 p.m. [CARRIED 7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill ITEMS TO BE REFERRED TO COMMITTEE Mayor Valdivia acknowledged Council Member Ibarra’s request made earlier in the meeting to request the reconsideration of her vote on the proposed Fiscal Year 2020/21 Proposed Budget item discussed at the Special meeting on June 2, 2020. City Attorney Carvalho informed that the Mayor and City Council could proceed with the formal process; however, the item could not be discussed and would need to be agendized at a future meeting. City Attorney Carvalho recommended that if Council Member Ibarra had decided to change her vote she could inform the City Manager and direct the City Manager to bring back the budget item with the alternative in it and at that time the City Council could vote on the items Council Member Ibarra had previously addressed. Council Member Ibarra agreed that she was amenable to the City Attorney’s recommendation as long as the changes were reflected on the agenda for June 17th. City Manager Ledoux informed the Mayor and City Council that Staff was considering changing the final budget meeting to June 24th due to needing more time with the bargaining groups and they could incorporate Council Member Ibarra’s reconsideration. Council Member Sanchez addressed the challenges and current events happening in the city and country. Regular Meeting Agenda June 3, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 6/4/2020 Council Member Richard requested that an item to discuss illegal fireworks be brought back in August to help address the issues in 2021 considering that the 4th of July was near and there would only be one month to discuss the topic. Council Member Shorett stated the illegal fireworks needed to be discussed to address the issues being raised by residents in the community. Mayor Valdivia encouraged residents to report neighbors with illegal fireworks. Council Member Mulvihill stated that several departments had been outsourced and asked where more money has been spent in services. City Manager Ledoux informed staff could bring back an item that explained the expenses. Council Member Nickel requested that fireworks be added to the GoGov app to allow residents to make reports and requested a debrief on the events of Sunday, a debrief on Covid-19 before the Winter season, and an update on the final assessment on the comprehensive facilities assessment. Council Member Ibarra requested an update on re-opening departments. Council Member Richard advised that certain departments in the county were re- opening by appointment only. City Manager Teri Ledoux advised she could keep the Mayor and City Council updated on any re-opening plans. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences or meetings attended. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, June 3, 2021, at 8:50 p.m. The next joint meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, June 10, 2020, via web- conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC