HomeMy WebLinkAbout06-16-2021 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 16, 2021
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 6:00 PM by Mayor John Valdivia on Wednesday, June 16, 2021, via Web-Conference,
San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Mayor Pro-Tem, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present 6:06 PM
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 2 Printed 6/17/2021
CLOSED SESSION PUBLIC COMMENT
Harry Hatch, San Bernardino Ward 7, commented that the Mayor should recuse
himself from the discussion related to Conference with Legal Counsel due to the cases
involving him, and stated it was a conflict of interest and a violation of the Brown Act.
Nancy Harmon, San Bernardino Ward 7, spoke regarding the Mayor participating in
Closed Session and commented that legal action should be filed against the Mayor for
illegal use of public funds for his own benefit.
Treasure Ortiz, San Bernardino, stated she was concerned that RDICO would sue the
Mayor for comments he made and expressed that the Mayor should be excluded from
closed session discussion about any issues involving himself.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
a. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS203562
b. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012538
c. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012926
d. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVSB2025375
e. Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVSB2025900
f. Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior
Court Case No. CIVDS2015337
g. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS2022209
h. Arrowhead Professional Center, et al. v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS1909462
i. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1906467
j. KP Investments v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS1909577
k. Riznhead Inc., et al. v. City of San Bernardino, San Bernardino Superior
Court Case No. CIVDS2005179
l. SB Pharma Holdings, Inc., et al. v. City of San Bernardino, San
Bernardino Superior Court Case No. CIVDS1914576
m. Washington, LLC, et al. v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1905710
n. Washington, LLC, et al. v. City of San Bernardino, San Bernardino
Superior court Case No. CIVDS192251
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
Three Items
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 3 Printed 6/17/2021
(C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One Item - Notice of Claim, Montecito Equities, Ltd., dated
November 20, 2020.
(D) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code
Section 54957.6):
Agency designated representatives: City Manager or designee;
Employee organization: San Bernardino Police Officers
Association
(E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to
Government Code Section 54956.8):
Property Address: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D. Field, City Manager or designee
Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group
Under Negotiation: Price and Terms
Mayor Valdivia left Closed Session at 6:30 p.m. to tend to personal phone calls and
Mayor Pro-Tem Ibarra presided over the remaining Closed Session items.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Joshua Beckley from Ecclesia Christian Fellowship led the invocation and
Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho informed that regarding Item (B), Conference with Legal
Counsel - Anticipated Litigation, the Mayor and City Council unanimously approved the
filing of a receivership case to address code enforcement issues at two properties
located at 1526 W. Highland and 824 Campus Way. Regarding Item (C), Conference
With Legal Counsel - Anticipated Litigation, a one year towing agreement with Montecito
Equities was also unanimously authorized. There was no further reportable information.
City Attorney Carvalho also mentioned that there was no reportable action after the
Special Closed Session meeting at 4:30 pm today.
*The City Council reconvened into Closed Session after the discussion of the Consent
Calendar.
CITY MANAGER UPDATE
City Manager Rob Field spoke on the Rental Assistance Program. He mentioned that
the City is seeing quite a bit of traffic in the portal already and encouraged residents in
rental distress to apply for assistance at www.sbcityrent.com.
MAYOR AND CITY COUNCIL UPDATES
Council Member Sanchez spoke informed that in-person City Council meetings would
resume in July at Feldheym Central Library and invited the public to participate in
person.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 4 Printed 6/17/2021
Council Member Shorett offered his condolences to former Mayor Pat Morris for his wife
Sally passing away. He spoke about touring the Amazon warehouse and informed the
public that Amazon was currently hiring. Council Member Shorett acknowledged his late
mother’s 105th birthday.
Council Member Reynoso also offered his condolences to former Mayor Pat Morris. He
announced Little League is officially opening July 24th. He informed 5th Ward residents
that the E Street “Bend” has closed off a lane due to extreme fire risk from illegal
fireworks.
Council member Calvin gave a shout out to Parks and Rec staff. She informed that
pools in the City are open, there will be movie night at Anne Shirrells park, and cooling
centers are almost open.
Council Member Alexander offered his condolences to former Mayor Pat Morris and to
Commissioner Fritz. He wished all the fathers of San Bernardino a Happy Father’s Day.
He did “Walk with a Councilman” on June 5th on Orchid St.. On June 7th, he and Council
Member Reynoso attended the Cajon High School graduation. He congratulated the
debutantes of Alpha Kappa Alpha sorority on their coming out. He informed that Council
Members take the issue of fireworks very seriously.
Mayor Valdivia sent his deep appreciation to the many individuals who showed up to the
State of the City. He also thanked City employees for their contributions to the City. He
wished the fathers of the community a Happy Father’s Day. He congratulated high
school graduates.
PRESENTATIONS
1. Community Risk Reduction Applications Presented By: Fire Marshal/Deputy
Fire Warden Mike Horton; Deputy Fire Marshall Adam Panos; Assistant Fire
Marshal Tom Strong and Assistant Fire Marshal Brian Headley.
Fire Marshal Mike Horton gave a presentation about Community Risk Reduction
applications regarding damage assessment, vacant buildings, and illegal fireworks
reporting in the City.
Mayor Valdivia left the meeting after the presentation, at 8:13 p.m.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Anonymous, San Bernardino, commented that selling and use of illegal fireworks has
been an issue for many years. She suggested using different methods to identify who
the users of the illegal fireworks are and enforce restrictions and penalties.
Leo Duley, Abigail Moya, Rosie Vicencio, Juan Serrrano Christina, Matthew
Abrego, Nancy Lightenfelder, Anna Moya, Pam Komiker Michelle Fish, Nicole
Sanchez, Myron Saspasara, Jose Moya, Jenna Senchek, Jeanine Walsh, Angel
Villa, David, Rhiannon, and Angelica Moya, San Bernardino, spoke in support of
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 5 Printed 6/17/2021
Item No. 14. They stated that police dispatchers should be able to separate from the
general union and form their own union to represent them.
Juvenal Castaneda, Michael, Leno Padilla, Reyna Segoria, Shavani, Pastor Kelvin
Ward, Anonymous, John Allen, Rafael Delgado, Connie Gonzales, Adam, Mark,
Roger Villa, David Martinez, Terrance Stone, Jesus Reyes, Sergio Luna, Keisha
McGee, Gabriel Cannon, unintelligible*, George Guerrero, Valerie Ortiz, Rick
Martinez, Dawn Thomas, Rocio, Father Manuel Cardoza, Brionnes, Clyde Marty,
Michael Segura, Anna Hamilton, Dave Deegan, San Bernardino, all spoke in support
of providing $1.5 million dollars in funding to the Violence Intervention Program (VIP).
They informed that this organization does a lot for the community and the funds would
greatly assist them.
Larry Johnson, San Bernardino, spoke about the use of illegal fireworks in San
Bernardino. He would like Mayor and City Council to put illegal fireworks on the agenda.
Evelyn Dunmore, San Bernardino, requested that the issue of illegal fireworks in the
City be put on the calendar.She informed that some of her relatives suffer from PTSD
and the fireworks affect them.
Harry Hatch, San Bernardino, spoke about Item No. 1 and thanked the County Fire
Department for their new fireworks reinforcement program. He commented that the City
needs to rewrite the fireworks Ordinance.
Hardy Brown, San Bernardino, commented on Item No. 16. He reminded the Council
that last year, they recognized racism as a problem, and commended them for hiring a
diversity inclusion officer on City staff. He stated that there is still nepotism in the police
department.
Nancy Harmon, San Bernardino, requested that Mayor and City Council change the
fireworks ordinance to be in line with State laws. She also asked Council to proceed
with pursuing legal action against the Mayor.
Donna Contreras, San Bernardino, spoke about illegal fireworks and requested that
the Mayor and City Council address the situation.
Keith Wizneski, San Bernardino, called and thanked Council members for doing their
job in their investigation of the Mayor. He expressed that he would like the City Manager
to be fired for assisting the Mayor with illegal activities.
Nadine Cheney, San Bernardino commented on illegal fireworks in the City. She
stated that fireworks create fire danger and contribute to bad air quality. She would like
the City nonprofits who rely on proceeds from fireworks sales to seek other sources of
funds.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 6 Printed 6/17/2021
Robert Porter, San Bernardino thanked the Council for their votes yesterday and for
distancing themselves from improper behavior by the Mayor. He stated that the Mayor
should either help the City or resign.
Kathy Kimball, San Bernardino spoke about illegal fireworks going off in her
neighborhood. She stated that the fireworks ordinance should be changed.
Jeffrey Scott, San Bernardino, spoke in support for Item No. 29. He stated that this
project will be great for union carpenters.
Rachel Arzu, San Bernardino, commented on Item No. 5 and inquired what the City is
going to do about the Carousel Mall. She would like the City to contract with community
organization Covenant House.
Kathleen Croke, San Bernardino, spoke about illegal fireworks in the City. She stated
that fireworks torment people and animals, and it is time for Mayor and City Council to
act.
Treasure Ortiz, San Bernardino, commented on the City’s budget. She expressed that
the Council is not acting in the citizens’ favor regarding the budget. She wants the
Mayor to stop abusing his power.
Angel Esparza, San Bernardino, spoke in support of Item No. 5. He hopes that
Council will make this project a reality and give local residents an opportunity to work in
the City they live in.
Paige Miller, San Bernardino, thanked City Staff for their work on the animal shelter.
She requested more information regarding the homeless crisis and low income housing
and requested that Mayor and City Council discuss arson fires with the Police
Department.
Lizeth Mendoza, San Bernardino, commented on the policy against street vendors.
She states that vendors are being assaulted and police officers don’t help them.
APPOINTMENTS
2. Charter Review Commission Appointment (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Roxana M. Barrera to the Charter
Review Commission representing Ward 1 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
3. Charter Review Commission Reappointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the reappointment of Rabbi Hillel Cohn to the Charter Review
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 7 Printed 6/17/2021
Commission representing Ward 4 with the term ending December 2022. Council
Staff has verified that appointee is a registered voter within the City.
4. Downtown Advisory Committee Appointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Kenesha L. Boyd to the Downtown
Advisory Committee representing Ward 4 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
5. Downtown Advisory Committee Appointment (Mayor)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Scott Morse to the Downtown Advisory
Committee representing the Mayor with the term ending December 2022.
No action was taken on Item No. 5.
6. General Plan Advisory Committee Appointment (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Amelia S. Lopez to the General Plan
Advisory Committee representing Ward 2 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
Council Member Alexander requested that a separate motion be taken for Item No. 7
RESULT: APPROVED THE APPOINTMENTS OF ITEM 2, 3, 4, and 6: MS.
BARRERA, RABBI COHN, MS. BOYD, and MS. LOPEZ. CARRIED
7-0 Passed Unanimously
MOVER: Damon Alexander, Ward 7
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
7. General Plan Advisory Committee Appointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. James L. Mulvihill to the General Plan
Advisory Committee representing Ward 4 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
Council Members Alexander and Reynoso expressed their reasoning for opposing the
appointment of Mr. Mulvihill.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 8 Printed 6/17/2021
RESULT: APPOINTMENT OF JAMES L. MULVIHILL TO THE GENERAL
PLAN ADVISORY COMMITTEE. MOTION FAILED 4-3
MOVER: Fred Shorett, Ward 4
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Figueroa, Shorett, Calvin
NOES: Ibarra, Reynoso, Alexander
DISCUSSION
8. Transfer Gun Buyback Funding (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and consider options for reprogramming the unused funding
appropriated for the gun buyback program in FY 2020/21 to support other safety
and homeless service outreach programs.
Council Member Calvin stated she had requested this item to be considered for a future
meeting; however, it had not made it on the agenda. She informed that several
Neighborhood Association Committee (NAC) members and Lt. Kohrell had discussed
using some of the funds to purchase solar lighting to distribute to the residents at
National Night Out. Council Member Calvin also stated she was in favor of using some
of the funding for the VIP Program. Regarding the gift cards, she acknowledged some
of the funds would be returned to State Bros and that the police department was still in
possession of an estimated $4,000.
Council Member Shorett inquired about the amount left in cash and gift cards.
Acting Chief McBride explained that $4,300 was left in gift cards from local businesses,
and $23,700 remained in the City account that could be expended.
Council Member Calvin reiterated her preference to use part of the funding to purchase
solar lighting for National Night .Out, as discussed with the NAC members and .Lt.
Kohrell, along with funding for the VIP Program.
Acting Chief McBride clarified that Lt. Kohrell was present at the NAC meeting;
however, she had not made any recommendations on the expenditure of the money.
Council Member Calvin acknowledged that Lt. Kohrell had not made a recommendation
but had agreed to assist the NAC members with the project.
Acting Chief McBride reiterated that Lt. Kohrell had been present at the meeting for the
discussion; however, she did not agree to the dispersal of money; she did not have that
authority.
Mayor Pro-Tern inquired if the money was going to the General Fund.
Council Member Calvin asked Acting Chief McBride if the police department could
assist the Neighborhood Association with the project. He responded that further
discussion was necessary to see what the project entailed if the City Council authorized
an expenditure, the police department would coordinate with the Neighborhood
Association.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 9 Printed 6/17/2021
City Manager Field informed that the money was currently in the General Fund;
however, Council's action would reallocate the funds.
RESULT: DIRECTED STAFF TO USE THE FUNDS FOR NATIONAL NIGHT
OUT TO PROVIDE RESIDENTS WITH SOLAR PORCH LIGHTING
IN COLLABORATION WITH THE NEIGHBORHOOD
ASSOCIATION COUNCIL AND THE SAN BERNARDINO POLICE
DEPARTMENT, (CARRIED, 7-0) - Passed Unanimously
MOVER: Kimberly Calvin, Ward 6
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
9. General Plan Status Update and General Plan Advisory Committee
Composition (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and file the update on the General Plan; and
2. Adopt Resolution No. 154, repealing Resolution No. 2021-02 and re-establishing
the General Plan Advisory Committee.
Community and Economic Development Director Michael Huntley provided a
presentation to City Council regarding the status of the General Plan Project. The
reasons for repealing Resolution No. 2021-02 were discussed.
Council Member Calvin questioned the General Plan Advisory Committee appointments
given to the Mayor at the January 20, 2021 meeting.
City Clerk Rocha informed of the timeline of events related to the revised staff report
and Resolution No. 2021-02. She explained that there was an administrative error
during the process and explained the steps staff would take to avoid similar issues in
the future.
City Manager Robert Field apologized for staff’s mistakes regarding the resolution and
thanked Council Member Calvin for bringing the issues to his attention.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 10 Printed 6/17/2021
RESULT: Received and filed the update on the General Plan and Adopted
Resolution No. 2021-154, repealing Resolution No. 2021-02 and
re-establishing the General Plan Advisory Committee. CARRIED
7-0 Passed Unanimously
MOVER: Theodore Sanchez, Ward 1
SECONDER: Fred Shorett, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
PUBLIC HEARINGS
11. Approval of the Fiscal Year 2021/22 Proposed Operating Budget, Capital
Improvement Program, and Appropriations Limit Calculation (All Wards)
Recommendation
Adopt Resolution No. 2021-138 of the Mayor and City Council of the City of San
Bernardino, California approving the City of San Bernardino’s Operating Budget
and Capital Improvement Program (CIP) for FY 2021/22 and establishing the
City’s Appropriations Limit as required by Article XIII of the California State
Constitution.
Mayor Pro Tem Ibarra opened the public hearing at 10:10 p.m. and directed staff to
present the staff report. Barbara Whitehorn provided a presentation about the proposed
operating budget.
City Clerk Rocha stated that there were no public comments regarding this item. The
public hearing was closed at 10:13 pm.
RESULT: Adopted Resolution No. 2021-138 of the Mayor and City Council
of the City of San Bernardino, California approving the City of
San Bernardino’s Operating Budget and Capital Improvement
Program (CIP) for FY 2021/22 and establishing the City’s
Appropriations Limit as required by Article XIII of the California
State Constitution. CARRIED 6-1
MOVER: Damon Alexander, Ward 7
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander
NOES: Figueroa
DISCUSSION (continued)
10. Potential Amendments to the FY 21/22 Adopted Budget and Measure S
Committee Recommendations (All Wards)
Recommendation
Review and provide direction to staff regarding amendments to the FY 2021/22
Adopted Budget requested by members of the City Council for consideration and
receive recommendations from the Measure S Committee.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 11 Printed 6/17/2021
City Council and staff discussed the American Rescue Fund Plans. There was
consensus among City Council that they would be able to vote on each of the twelve
items presented individually. Each item was presented as Line Item 1, Line Item 2, etc.
and denoted as such in the results.
RESULT: Reviewed and provided direction to staff regarding amendments
to the FY 2021/22 Adopted Budget requested by members of the
City Council for consideration and received recommendations
from the Measure S Committee.
THE TWELVE LINE ITEMS WERE APPROVED AS FOLLOWS:
1.CODE ENFORCEMENT,STAFF.Approved staff recommendation
of one Code Enforcement Officer and one Administrative
Assistant. CARRIED 7-0
MOVER: Damon Alexander, Ward 7
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
2. POLICE, STAFF. Approved staff recommendation of four
Community Service Officers- Civilian Support Staff, two Criminal
Investigation Officers- Civilian Support Staff, and two Forensic
Specialists- Civilian Support Staff, with the addition of five
additional patrol officers. CARRIED 7-0
MOVER: Theodore Sanchez, Ward 1
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
3.THREE MOBILE CAMERA UNITS. Approved council’s
recommendation of three mobile camera units. CARRIED 7-0
MOVER: Damon Alexander, Ward 7
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
4. CITY JAIL REOPENER AND CONTRACT SUPPORT
SERVICES. Approved staff alternative of “None”. CARRIED 6-1
MOVER: Fred Shorett, Ward 4
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Calvin
NOES: Alexander
(continued on next page)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 12 Printed 6/17/2021
5. DIVERSITY INCLUSION OFFICER. Approved council
recommendation and staff alternative (same recommendation) of
a Diversity Inclusion Officer.
CARRIED 7-0
MOVER: Damon Alexander, Ward 7
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin and Alexander
NOES: None
6. CONTRIBUTION TO RISK MANAGEMENT RESERVE, UNTIL
$5M REACHED. Approved staff alternative of “evaluate and
determine seed funding source and funding method”. CARRIED
7-0
MOVER: Fred Shorett, Ward 4
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
7. ONE ASSISTANT CITY MANAGER - Denied council
recommendation and staff alternative (same recommendation) of
an Assistant City Manager position. CARRIED 4-3
MOVER: Sandra Ibarra, Ward 2.
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Reynoso, and Calvin
NOES: Figueroa, Shorett, Alexander
8. ADDITIONAL FUNDING FOR VIOLENCE INTERVENTION
PROGRAM. Tabled item and will bring back at a future meeting.
CARRIED 4-3.
MOVER: Sandra Ibarra, Ward 2
SECONDER: Ben Reynoso, Ward 5
AYES: Ibarra, Figueroa, Reynoso, and Calvin
NOES: Sanchez, Shorett, Alexander.
9. ANNUAL ALLOCATION TO THE CALIFORNIA THEATER/SAN
BERNARDINO SYMPHONY.Approved Council’s recommendation
of annual allocation of $75,000. CARRIED 6-0 with Council
Member Alexander recused.
MOVER: Theodore Sanchez, Ward 1
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Calvin
NOES: None
(continued on next page)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 13 Printed 6/17/2021
10. TWO POOL MAINTENANCE COORDINATORS. Approved staff
alternative of “None”. CARRIED 6-1
MOVER: Theodore Sanchez, Ward 1
SECONDER: Fred Shorett, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Alexander
NOES: Calvin
11. ADDITIONAL PARKS SECURITY. Approved council
recommendation and staff alternative (same recommendation) of
additional parks security. CARRIED 7-0
MOVER: Ben Reynoso, Ward 5
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Calvin
NOES: None
12. ADDITIONAL FUNDING FOR PUBLIC WORKS EQUIPMENT.
Approved council recommendation and staff alternative (same
recommendation) of additional funding for Public Works
equipment. CARRIED 7-0
MOVER: Damon Alexander, Ward 7
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Calvin
NOES: None
PUBLIC HEARINGS (continued)
12. Resolution to Determine/Confirm Assessments and Proceedings for Unpaid
Solid Waste Collection Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2021-137 of the Mayor and City Council of the City of San
Bernardino, California, making determinations and confirming assessments and
proceedings for unpaid solid waste collection services.
Mayor Pro Tem Ibarra opened the public hearing at 11:21 P.M. and asked staff to
present the staff report. Deputy Public Works Director Alex Qishta provided a
presentation regarding assessments and proceedings for unpaid solid waste collection
services.
The City Clerk stated that there were no public comments regarding this item. The
public hearing was closed at 11:25 pm.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 14 Printed 6/17/2021
RESULT: Adopted Resolution No. 2021-137 of the Mayor and City Council
of the City of San Bernardino, California, making determinations
and confirming assessments and proceedings for unpaid solid
waste collection services. CARRIED 5-2
MOVER: Fred Shorett, Ward 4
SECONDER: Theodore Sanchez, Ward 2
AYES: Sanchez, Ibarra, Shorett, and Alexander
NOES: Reynoso, Calvin
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.
21, 26 and 29, CARRIED 7-0 – Passed Unanimously
MOVER: Fred Shorett, Ward 4
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
13. Approving Job Descriptions and Classifications and Amending the Salary
Schedule (All Wards)
Recommendation
Adopt Resolution No. 2021-139 of the Mayor and City Council of the City of San
Bernardino, California, approving the job descriptions and classifications for Lead
Animal Control Officer and Economic Development Project Manager; amending the
citywide salary schedule for full-time, part-time, temporary, and seasonal positions;
and repealing Resolution No. 2021-32.
14. Reconsideration of the Petition for Recognition Filed by the SBPDA (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, reconsider recognition of the San Bernardino Police Dispatch Association
(SBPDA) as the majority representative for the Police Dispatcher I and Police
Dispatcher II positions for the purposes of employer-employee relations with the
City and adopt Resolution No. 2021-140 granting their request.
15. License Amnesty and Fee Waivers (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2021-141 authorizing the Director of Animal Services to enact a
temporary amnesty program waiving late fees and penalties for dog licenses; and
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 15 Printed 6/17/2021
2. Adopt Resolution 2021-160 authorizing the Director of Animal Services to enact
reduced or waived fees.
16. First Amendment to Landscape & Irrigation Maintenance Agreement - Inland
Empire Landscape (All Wards)
Recommendation
Adopt Resolution No. 2021-142 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the First Amendment to the Vendor Service
Agreement with Inland Empire Landscape, Inc., for landscape maintenance in
Assessment District No. 1024 (Area I).
17. First Amendment to Landscape & Irrigation Maintenance Agreements -
Willowbrook Landscape (All Wards)
Recommendation
Adopt Resolution No. 2021-143 of the Mayor and City Council of the City of San
Bernardino, California, authorizing First Amendments to the Vendor Service
Agreements with Willowbrook Landscape Co., Inc. for the Maintenance of
Landscaping in Area G, Area H, and Area J.
18. Amendments to Landscape & Irrigation Maintenance Agreements – RP
Landscape (Ward All)
Recommendation
Adopt Resolution No. 2021-144 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or designee to execute the
First Amendment and a one year extension to the Vendor Service Agreement with
RP Landscape & Irrigation for landscape and irrigation maintenance services for 31
city-owned sites; and the Second Amendment and a one year extension to the
Vendor Service Agreement for RP Landscape & Irrigation for landscape
maintenance at the City’s north, central and south park sites.
19. Appropriation of Funds for Fleet Services Budget (All Wards)
Recommendation
Adopt Resolution 2021-145 of the Mayor and City Council of the City of San
Bernardino, California;
1. Authorizing the appropriation of funds in the amount of $110,000 from General
Fund to Fleet Services (Fund 635) for the remainder of FY 2020/21; and
2. Authorizing a $35,800 increase to Annual Purchase Order No. 2021-207 to
Southern California Gas pursuant to Section 3.04.010 b-3 of the Municipal Code
for the purchase of CNG fuel; and
3. Authorizing a $58,400 increase to Annual Purchase Order No. 2021-114 to Merit
Oil Company pursuant to Section 3.04.010 b-3 of the Municipal Code for the
purchase of fuel.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 16 Printed 6/17/2021
20. FY 2020/21 Year-End Budget Adjustments (All Wards)
Recommendation
Adopt Resolution 2021-146 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to amend the FY 2020/21
budget for technical adjustments necessary to conform to the financial reporting
best practices as recommended by the Government Finance Officers Association
(GFOA).
21. Construction Contract Award – Storm Drain Repair at Various Locations (All
Wards)
Recommendation
Adopt Resolution No. 2021-147 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract agreement with TRYCO General
Engineering in the amount of $565,020, to provide the construction of Storm Drain
Repair At Various Locations ("Project"); and
2. Authorizing the project construction, construction contingencies, and engineering &
inspection costs in the total amount of $750,000 for the Project; and
3. Authorizing the Director of Finance to allocate additional funding in the amount
of$308,452.12 from Storm Drain DIF Fund (248) to the Project (Account number
248-160-8672*5504) to fully fund the project construction, construction
contingencies, and engineering & inspections; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Council Member Reynoso asked staff to include the Meyers Creek Storm Drain in this
project.
Staff advised that the project would have to be re-bid to include that additional storm
drain.
Deputy Director of Public Works Alex Qishta informed that the project would be
considered in the following year’s CIP budget.
RESULT: Adopted Resolution 2021-147 with the inclusion of the Meyers
storm drainage CARRIED 7-0 – Passed Unanimously
MOVER: Ben Reynoso, Ward 5
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 17 Printed 6/17/2021
22. Irrevocable Agreement to Annexation No. 2021-364 (Ward 4)
Recommendation
Adopt Resolution No. 2021-148 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property within unincorporated
territory located at 4270 North 4th Avenue (APN 0265-093-15) and authorizing the
City Manager to execute an Irrevocable Agreement to Annex.
23. Second Reading of Small Cell Ordinance MC-1560 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adoption of Ordinance MC-1560 amending
the San Bernardino Municipal Code to add to Title 12 Chapter 12.05, “Right-of-Way
Permits - Wireless Facilities”.
24. Request Purchase Authorization for Annual Usage, Software and Maintenance
Agreements for Fiscal Year 2021-2022 (All Wards)
Recommendation
Adopt Resolution 2021-149 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the issuance of Fiscal Year 2021/22 Purchase
Orders for the annual usage fees, software and or hardware support with Accela
Corporation, Earth Science Research Institute (ESRI), Konica Minolta, Tyler
Technologies, and Verizon Cellular as outlined in the report.
25. Notice of Availability of Surplus Land - Arden Guthrie (Ward 7)
Recommendation
Adopt Resolution No. 2021-150 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, declaring City-owned property fronting
Highland Avenue on the north, 20th Street on the south, Arden Avenue on the
east, and Guthrie Street on the west and commonly known as Arden Guthrie, as
non-exempt surplus land; approve the form of Notice of Availability attached to the
resolution; and direct the City Manager to comply with the requirements of the
Surplus Land Act, Government Code, Section 54220 et seq.; and finding the action
exempt from CEQA for the disposition of Arden Guthrie.
26. Resolution Adopting Design and Development Standards for Wireless
Facilities in Public Right-Of-Way and Resolution Establishing a Fee Schedule
for Wireless Encroachment Permits (Ward All)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2021-151 containing design and development standards for
wireless facilities in the public right-of-way; and
2. Adopt Resolution 2021-152 establishing a fee schedule for wireless
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 18 Printed 6/17/2021
encroachment permits to install wireless facilities in the public right-of-way under
City Municipal Code Chapter 12.05.
Council Member Calvin asked if this fee schedule affects future cost. Staff confirmed
that they do not.
RESULT: Adopted Resolution 2021-151 containing design and
development standards for wireless facilities in the public right-
of-way; and adopted Resolution 2021-152 establishing a fee
schedule for wireless encroachment permits to install wireless
facilities in the public right-of-way under City Municipal Code
Chapter 12.05. CARRIED 7-0 – Passed Unanimously
MOVER: Theodore Sanchez, Ward 1
SECONDER: Fred Shorett, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
27. Senior Companion Program - First Year of a Three Year Grant Award (All
Wards)
Recommendation
Adopt Resolution 2021-153 of the Mayor and City Council of the City of San
Bernardino, California, to:
1. Ratify the submission of a grant application for the first year of a 3-year grant with
the Corporation for National and Community Service’s Senior Companion
Program; and
2. Accept the Grant Award in the amount of $324,812.
28. Approval of Commercial and Payroll Disbursements (All Wards)
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 and June
2021.
29. Update Regarding Negotiations with Renaissance Downtown USA/ICO Real
Estate Group (RDICO) for the Carousel Mall Property (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file an update regarding the negotiations with Renaissance
Downtown USE/ICO Real Estate Group (RDICO) for the Carousel Mall property.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 19 Printed 6/17/2021
City Council discussed concerns about negotiations with RDICO and the development
of the Carousel Mall Property. Council Member Alexander motioned, and Council
Member Calvin seconded the motion to develop an Ad Hoc Committee of Council
members to work with staff regarding negotiations with RDICO and report back to
Council. There was no opposition from the City Council. After listening to City Attorney
Carvalho’s legal recommendations, Mayor Pro Tem Ibarra appointed Council Members
Calvin, Sanchez, and Shorett to the Ad Hoc Committee.
RESULT: Received and filed an update regarding the negotiations with
Renaissance Downtown USE/ICO Real Estate Group (RDICO) for
the Carousel Mall. CARRIED 7-0 – Passed Unanimously
MOVER: Fred Shorett, Ward 4
SECONDER: Damon Alexander, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
30. First Amendment to the Interim Golf Course Management Agreement for the
Operations and Maintenance of the Shandin Hills Golf Course (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-161 authorizing the City Manager to execute
the First Amendment to the Interim Golf Course Management Agreement between
the City of San Bernardino and CF Shandin Hills ARCIS LLC extending the term by
60 days.
31. Escheatment of Unclaimed Funds in Accordance with Escheatment of
Unclaimed Money Policy (All Wards)
Recommendation
Adopt Resolution 2021-155 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the transfer of unclaimed evidence funds to the
General Fund.
32. February 2020, April and May 2021, City Board, Commission, and Citizen
Advisory Committee Approved Minutes (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the approved minutes from the City’s February 2020,
April 2021 and May 2021, Boards, Commissions & Citizen Advisory Committee
meetings.
33. Letter of Support for FXI, Inc., for the California Competes Tax Credit
Application (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute the Letter of Support for FXI, Inc.
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 20 Printed 6/17/2021
34. Resolution to Authorize the CALNET/Next Gen Contract for Verizon Cellular
and Data Network Services (All Wards)
Recommendation
Adopt Resolution 2021-156 of the Mayor and City Council for the City of San
Bernardino, California, authorizing the City Manager to execute the CALNET/Next
Gen Services contract with the State of California for the delivery of Verizon Cellular
and Data Network Services.
35. Imposing Liens to Recover Costs for Code Enforcement Abatements (Wards
1, 2, 3, 4, 6, 7)
Recommendation
Adopt Resolution No. 2021-157 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of public nuisance abatements.
36. Purchase and Sale Agreement for 301, 321 & 325 West 40TH Street (Ward 4)
Recommendation
Adopt Resolution No. 2021-158 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Purchase and
Sale Agreement with Shab El-aawar Trust for the properties located at 301, 321 &
325 West 40th Street.
37. Subordination of Deed of Trust - 4349 N. Perishing Ave (Ward 4)
Recommendation
It is recommended that 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, adopt Resolution No. 2021-159, approving the
Subordination of a Deed of Trust in connection with a refinancing of the Senior
Mortgage relating to real property located at 4394 North Pershing Avenue, San
Bernardino, California.
Staff reconvened into Closed Session after the Consent Calendar.
City Attorney Sonia Carvalho reported that there was no reportable action.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 12:52 A.M. on Thursday,
June 17, 2021.
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,
July 21, 2021 at the Feldheym Library located at 555 W. 6th St., 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