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HomeMy WebLinkAbout02-17-2021 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 JOIN POWERS FINANCING AUTHORITY WEDNESDAY, FEBRUARY 17, 2021 5:30 PM CALL TO ORDER The Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, February 17, 2021, via Web-Conference. 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 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 Genoveva Rocha City Clerk Present Sonia Carvalho City Attorney Present Robert D. Field City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/1/2021 CLOSED SESSION PUBLIC COMMENT There were no public comments received for Closed Session. CLOSED SESSION A) CONFERENCE W ITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4): One Case. 7:00 P.M. Mayor Valdivia called the regular meeting to order at 7:04 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia asked Council Member Reynoso to lead the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Carvalho reported that there was action taken on Item A – Conference with Legal Counsel – Anticipated Litigation, The City Council voted unanimously (7-0), authorizing the City to file receivership action on the property located at 1177 West 11th Street. Mayor Valdivia opened the meeting in honor of Willie Mary Spann Brue. CITY MANAGER UPDATE City Manager Field spoke on Black History Month events in the City and commented on various improvements throughout the City. APPOINTMENTS 2. Public Safety and Human Relation Commission Appointment (All Wards) Recommendation Approve the appointment of Mr. Jesse J. Carrillo to the Public Safety and Human Relations Commission as one of the Mayor's appointees, representing the City at large. Mr. Carrillo will replace Russell Fritz with the term ending December 2022. 3. Public Safety and Human Relations Commission Appointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Daniel E. Peeden to the Public Safety and Human Relations Commission representing W ard 5. Mr. Peeden will replace Peter Torres with the term ending December 2024. Council Member Shorett asked if the City has a ward-specific nominee policy in place regarding appointing commissioners based off of the Ward they reside in and expressed Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/1/2021 that the City should establish procedures that provide direction to City Council that they must nominate Commission and Committee members from within their ward. Council Member Calvin commented on the City Charter, stating that appointees only need to be a resident of the City and a registered voter. Mayor Pro Tem Ibarra asked for clarification on Mr. Daniel E. Peeden’s residency status and if he is still serving as a Commissioner for the City of Rialto. City Attorney Carvalho confirmed that the City Charter states that appointees for Boards and Commissions must be residents of the City, not specifically a resident of the ward. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY MAYOR PRO TEM IBARRA, to continue the appointment of Mr. Daniel D. Peeden to the Public Safety and Human Relations Commission representing Ward 5 to the next regular City Council meeting. Motion failed 2-5 (Council Members Sanchez, Figueroa, Reynoso, Calvin and Alexander opposed) MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER REYNOSO, to approve staff recommendations. Assistant City Manager Kramer stated that the Municipal Code that pertains to the Public Safety and Human Relations Commission does not specify that an individual does not have to be a resident of the ward, only a resident of the City. Mayor Valdivia expressed concerns over lack of City representation if there are too many appointees on one Board or Commission from one ward. Council Member Shorett echoed Mayor Valdivia’s concerns. Council Member Calvin expressed that members of Boards and Commission do not just represent one ward, they represent the City. Council Member Reynoso expressed that the City Charter states that appointees only need to be a resident of the City and a registered voter. Mayor Pro Tem Ibarra asked if Mr. Daniel E. Peeden could confirm if he is still serving as a Commissioner for the City of Rialto. Council Member Reynoso advised that Mr. Daniel E. Peeden is watching the meeting and confirmed with him that he is no longer serving as a Commissioner for the City of Rialto. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/1/2021 RESULT: APPROVED THE APPOINTMENTS OF MR. JESSE J. CARILLO AND MR. DANIEL E. PEEDEN TO THE PUBLIC SAFETY AND HUMAN RELATIONS COMMISSION, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None PRESENTATIONS 4. Proclamation for Black History Month Mayor Valdivia recognized and celebrated February as Black History Month. . PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Cheryl Valencia, San Bernardino, commented on the Mayor, leadership, and high crime rates in the City. David Freeman, San Bernardino, expressed his support for Agenda Item 10, creating the Ad Hoc Financing District Committee. Anabelle, San Bernardino, commented on the rental assistance program and expressed her support in having a non-profit administer the program. Nancy Phillips, San Bernardino, expressed her support for Agenda Item 10, creating the Ad Hoc Financing District Committee. Dorothy Garcia, San Bernardino, commented on Agenda Item 6 and expressed that she is not in support of staff’s recommendation. Maribel Nunez, Inland Equity Partnership, commented on the rental assistance program and expressed her support in having a non-profit administer the program; and commented on Item 6 on the Agenda and expressed that she is not in support of staff’s recommendation. Shirley Harlan, San Bernardino, commented on Agenda Item 6 and expressed that she is not in support of staff’s recommendation. Hardy Brown, San Bernardino, commented on racism and Black History Month. Gil Botello, San Bernardino, commented on Agenda Item 6 and expressed their support of a creation of an independent redistricting commission. Cheryl Brown, San Bernardino, expressed her opposition in allowing non-residents to serve on the Downtown Advisory Committee. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/1/2021 Paige Miller, San Bernardino, congratulated San Bernardino Police Department on the grants they have received and commented on Agenda Item 9, expressing her support of the Animal Services Intervention Program. Ms. Miller also asked questions regarding potential grants for the redevelopment of the Carousel Mall Property Andy, San Bernardino, commented on the Gun Buyback Program and expressed that he is against gun shows and gun show advertisements in the City. Robert Porter, San Bernardino, commented on supporting Measure S and ensuring that departments at the City are fully staffed. Treasure Ortiz, San Bernardino, commented on Item 23 of the Consent Calendar and the need for action and accountability. Leticia Garcia, San Bernardino, commented on the removal of the Mayor and expressed disapproval in City leadership. Jan Robinson, San Bernardino, commented on the need for a fire station in Ward 6, and addressed concerns of concrete and debris being illegally dumped. Anonymous, San Bernardino, commented on Agenda Item 9, expressing her support of the Animal Services Intervention Program, and also commented on Item 11 and the language regarding fees for an appeal and administrative citations. STAFF REPORTS 5. FY 2020/21 Mid-Year Budget Report (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and File the FY 2020/21 Mid-Year Budget Report; 2. Authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report; and 3. Authorize staff to proceed with preparing and soliciting requests for proposals (RFPs) for the replacement of the City’s building and safety permitting system, Public Works work order and asset management system and financial management payroll and timekeeping system. City Manager Field and Finance Director Whitehorn provided a presentation on the Mid- Year Budget Report. Council Member Alexander commented on funds in Undesignated Reserves and had the following recommendations: hire a Senior Management Analyst, an entry level Management Analyst, and strike the Public Information Officer position this Fiscal Year in the City Manager’s Office; hire a full-time Budget Analyst in the Finance Office; purchase code enforcement vehicles from a local vendor and strike the Deputy Director position and instead hire two Administrative Personnel in the Community and Economic Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/1/2021 Development Department; and strike the $82,000 recruitment fund request for the Police Department. Council Member Shorett spoke in support of staff recommendations. Mayor Valdivia thanked staff for the report and spoke on the under budget of the Utility Users Tax, expressing that it has been his main concern. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation. Motion failed 3-4 (Mayor Pro Tem Ibarra, and Council Members Reynoso, Calvin and Alexander opposed) Council Member Reynoso commented on funds in Undesignated Reserves and recruitment fund request by the Police Department. Council Member Reynoso had the following recommendations: hire a Senior Management Analyst, an entry level Management Analyst, and strike the Public Information Officer position this Fiscal Year in the City Manager’s Office; hire a full-time Budget Analyst in the Finance Office; purchase code enforcement vehicles from a local vendor and strike the Deputy Director position and instead hire two Administrative Personnel in the Community and Economic Development Department; and strike the $82,000 recruitment fund request for the Police Department. Mayor Pro Tem Ibarra commented on City staff considering interns instead of hiring staff and had the following recommendations: departments that are asking for additional positions look into utilizing interns from local colleges; remove the requested amount of $180,000 for the November 2020 election until the final cost is known; hire interns for the Deputy City Clerk and Office Assistant positions in the City Clerk’s Office; strike the Public Information Officer position in the City Manager’s Office; strike relocating Human Resources to the 8th Floor of the Vanir Tower; strike the internet upgrade and recommended that the City apply for grants to cover the cost; and strike the $82,000 recruitment fund request for the Police Department. Mayor Pro Tem Ibarra also requested that Finance Director Whitehorn come back to City Council with actual numbers of generated revenue and expenditures. Council Member Calvin commented on costs to retrofit City Hall, asked for clarification on the support position for the Mayor’s Office and recruitment funding for the Police Department. Council Member Figueroa spoke in support of the internship program, however expressed that it should not be utilized for cost saving measures and expressed that any office space on the 3rd floor should be dedicated towards staff. Council Member Sanchez commented on recruitment funding for the Police Department and spoke in favor of staff recommendations. SUBSTITUTE MOTION BY COUNCIL MEMBER ALEXANDER, SECONDED BY COUNCIL MEMBER REYNOSO, to include City Council recommendations and bring back the Mid-Year Budget Report at the next Regular City Council meeting. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/1/2021 RESULT: CONTINUED ITEM AND DIRECTED STAFF TO INCLUDE CITY COUNCIL RECOMMENDATIONS AND BRING THE ITEM BACK AT THE NEXT REGULAR CITY COUNCIL MEETING, CARRIED (4- 3) MOVER: Damon L. Alexander, Ward 7 SECONDER: Ben Reynoso, Ward 5 AYES: Ibarra, Reynoso, Calvin, Alexander NOES: Sanchez, Figueroa, Shorett Mayor Valdivia excused himself at 9:24 p.m., informing City Council that Mayor Pro Tem Ibarra will chair the remainder of the meeting and requested a 10 minute break. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER SANCHEZ, to continue the City Council meeting without a 10 minute break. RESULT: CONTINUED THE CITY COUNCIL MEETING WITHOUT A 10 MINUTE BREAK, CARRIED 7-0 – Passed Unanimously MOVER: Ben Reynoso, Ward 5 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 6. 2020 U.S. Census Electoral Redistricting Procedure (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive a report and provide staff direction regarding the 2020 U.S. Census electoral redistricting procedure. Assistant City Manager Kramer provided an overview of the staff report. Council Member Sanchez stated that he would like to make a motion with an amendment to approve staff recommendation of Option 1 with the amendment to require a minimum of one community meeting per ward before the maps are drawn and two meetings per ward subsequent to the maps being drawn, a total of 21 meetings. Council Member Shorett asked who would be leading the additional 21 meetings. Council Member Alexander commented on options that City Council will vote on regarding the drawing of boundary lines. Ms. Kramer commented on the maps that the demographer will prepare and present to City Council and members of the public. Council member Sanchez stated that under option 1, it dictates that a Citizen Advisory Committee will be established and would like it to be composed of one appointee per Council Member and the meetings would consist of the demographer, the Committee Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/1/2021 members, the public, and Council Members. Council Member Shorett commented on the possibility of seven appointees on the Citizens Advisory Committee, and also asked clarification on Mayor appointees. Council member Reynoso asked if Council Member Sanchez would amend his motion to include the following: direct staff to bring back a resolution establishing a committee of eight members, with the Mayor and City Council each appointing one member. Council Member Alexander inquired if an even number of members would be acceptable. City Attorney Carvalho informed City Council that this would an advisory committee; therefore it will not be governed by the laws that govern a formal citizen committee. Council member Reynoso asked to amend the motion to include the following: direct staff to bring back a resolution establishing a committee of seven members, with each Council Member appointing one member. Council Member Calvin asked if City Council to alter their decision at a later time. Ms. Carvalho stated that she understands that City Council is leaning towards Option 1, with the inclusion of additional meetings, and to have an advisory committee consisting of seven members. She also stated that it does not sound like the motion can be amended unless the demographer informs City Council that they should reconsider. Ms. Kramer informed Council that staff needs to bring back a resolution to establish the advisory committee. Staff also needs to issue a request for proposals for a demographer that includes City Council direction. Council Member Calvin inquired if staff will be utilizing Assembly Bill 849 to assist with redistricting costs. Ms. Kramer advised that she does not anticipate the state assisting with covering the costs for the City’s redistricting process. She stated that staff will pursue all opportunities to be reimbursed, however the City will bear majority of the staff costs. Council Member Sanchez read a portion of Assembly Bill 849 regarding reimbursement to local agencies. Council Member Calvin thanked Council Member Sanchez, adding that the City needs it ensure that it is providing every opportunity for members of the public to participate. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation of establishing a Mayor and City Council/Citizen Advisory Committee with an amendment. RESULT: APPROVED STAFF RECOMMENDATION OF ESTABLISHING A MAYOR AND CITY COUNCIL/CITIZEN ADVISORY COMMITTEE WITH THE ADDITION THAT THE CITY REQUIRE A MINIMUM OF Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 4/1/2021 ONE COMMUNITY MEETING PER WARD BEFORE THE MAPS ARE DRAWN AND TWO MEETINGS PER WARD SUBSEQUENT TO THE MAPS BEING DRAWN AND ESTABLISHED AN ELECTORAL REDISTRICTING ADVISORY COMMITTEE CONSISTING OF SEVEN MEMBERS WITH ONE RESIDENT OF EACH WARD, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None PUBLIC HEARINGS 7. Code Amendment - Downtown Advisory Committee (Wards 1 & 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce, read by title only, and waive further reading of Ordinance MC-1552 of the Mayor and City Council of the City of San Bernardino, California, adopting a Code Amendment to Section 2.17.040 related to Appointment-Registered voters requirement-Compensation-Oath (Attachment 1); 2. Schedule the final reading and adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on March 3, 2021; and 2. Adopt Resolution No. 2021-37 establishing a Downtown Advisory Committee to assist staff and PlaceWorks with the preparation of the Downtown Specific Plan. Mayor Pro Tem Ibarra opened the Public Hearing at 9:52 p.m. Community and Economic Development Director Huntley provided an overview of the staff report. City Clerk Genoveva Rocha informed City Council that there were no requests to speak. Council Member Calvin made a substitute to motion to include language that the appointee shall either be a resident of the City or a non-resident business owner with an active license and current operating business within the City of San Bernardino and at no point should there be more than 25% of members made up of non-residents of the City. Council Member Shorett commented on advocating for a business owner who may not live in the City, stating that they are invested in the City, and asked about Committee member applications. Council Member Alexander asked staff when the committee would be disbanded. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 4/1/2021 Mr. Huntley advised that as soon as the Downtown Specific Plan is adopted, the committee would be disbanded and that staff will incorporate that language into the resolution. Ms. Kramer advised that the language is already incorporated in the resolution. Mayor Pro Tem Ibarra closed the Public Hearing at 10:03 p.m. SUBSTITUTE MOTION BY COUNCIL MEMBER CALVIN, SECONDED BY COUNCIL MEMBER ALEXANDER, to approve staff recommendation with an amendment to Resolution 2021-37. RESULT: APPROVED STAFF RECOMMENDATION WITH AN AMENDMENT TO RESOLUTION 2021-37 TO INCLUDE LANGUAGE THAT THE APPOINTEE SHALL EITHER BE A RESIDENT OF THE CITY OR A NON-RESIDENT BUSINESS OWNER WITH AN ACTIVE AND CURRENT BUSINESS LICENSE AND NO POINT SHOULD THERE BE MORE THAN 25% OF MEMBERS MADE UP OF NON- RESIDENTS OF THE CITY, CARRIED 7-0 – Passed Unanimously MOVER: Kimberly Calvin, Ward 6 SECONDER: Damon L. Alexander, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 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. Council Member Sanchez pulled Item No. 11. Council Member Figueroa pulled Item Nos. 9, 19 and 20. Council Member Shorett pulled Item No. 16. Council Member Reynoso pulled Item Nos. 12, 21 and 22. Council Member Calvin pulled Item No. 24. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve the Consent Calendar and pull item Nos. 9, 11, 12, 16, 19, 20, 21, 22 and 24. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 4/1/2021 RESULT: APPROVE THE CONSENT CALENDAR AND PULL ITEM NOS. 9, 11, 12, 16, 19, 20, 21, 22, and 24, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 8. Approval of the Mayor and City Council Meeting Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes from the April 29, 2020, January 20, 2021, January 27, 2021, and February 3, 2021, Mayor and City Council meetings. RESULT: APPROVED THE MEETING MINUTES FROM THE APRIL 29, 2020, JANUARY 20, 2021, JANUARY 27, 2021, AND FEBRUARY 3, 2021, MAYOR AND CITY COUNCIL MEETINGS, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 9. Animal Services Intervention Program (All Wards) Recommendation Approve Resolution 2021-25 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Animal Services Department to enter into a cooperative agreement with the Lange Foundation for additional support to the citizens of the City of San Bernardino and their pets; and authorizing the City Manager or designee to execute the agreement. Council Member Figueroa pulled Item No. 9 for discussion. MOTION BY COUNCIL MEMBER FIGUEROA, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff’s recommendation. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 12 Printed 4/1/2021 RESULT: APPROVED RESOLUTION 2021-25 AUTHORIZING THE ANIMAL SERVICES DEPARTMENT TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE LANGE FOUNDATION FOR ADDITIONAL SUPPORT TO THE CITIZENS OF THE CITY OF SAN BERNARDINO AND THEIR PETS; AND AUTHORIZED THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT, CARRIED 7-0 – Passed Unanimously MOVER: Juan Figueroa, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 10. City Council - Ad Hoc Financing District Committee (All Wards) Recommendation Adopt Resolution No. 2020-26 of the Mayor and City Council of the City of San Bernardino, California, establishing the Ad Hoc Financing District Advisory Committee. RESULT: ADOPTED RESOLUTION NO. 2020-26 ESTABLISHING THE AD HOC FINANCING DISTRICT ADVISORY COMMITTEE, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 11. Ordinance Updating Chapters 9.92 and 9.93 of the San Bernardino Municipal Code Related to Administrative Citation and Administrative Civil Penalty Procedures (All Wards) Recommendation Adopt Ordinance No. MC-1553 of the Mayor and City Council of the City of San Bernardino, California, amending Chapters 9.92 and 9.93 of the San Bernardino Municipal Code Related to Administrative Citation and Administrative Civil Penalty Procedures. Council Member Sanchez pulled Item No. 11 for discussion. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff’s recommendation. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 13 Printed 4/1/2021 RESULT: ADOPTED ORDINANCE NO. MC-1553 AMENDING CHAPTERS 9.92 AND 9.93 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO ADMINISTRATIVE CITATION AND ADMINISTRATIVE CIVIL PENALTY PROCEDURES, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 12. Transfer of City Real Property Assets to NPHS and MECH (Wards 1, 2, 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-27 of the Mayor and City Council of the City of San Bernardino, California, approving the transfer of certain City-owned real property assets to Neighborhood Partnership Housing Services, for the Infill Housing Program; 2. Adopt Resolution No. 2021-28 of the Mayor and City Council of the City of San Bernardino, California, approving the transfer of certain City-owned real property assets to Mary Erickson Community Housing, for the Infill Housing Program; and 3. Authorize the City Manager or designee to take any further actions as necessary to effectuate the transfer of the real property assets. Council Member Reynoso pulled Item No. 12 for discussion. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER ALEXANDER, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-27 AND RESOLUTION NO. 2021-28 AND AUTHORIZED THE CITY MANAGER OF DESIGNEE TO TAKE ANY FURTHER ACTIONS AS NECESSARY TO EFFECTUATE THE TRANSFER OF THE REAL PROPERTY ASSETS, CARRIED 7-0 – Passed Unanimously MOVER: Ben Reynoso, Ward 5 SECONDER: Damon L. Alexander, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 13. Report on Use of Measure Z Funds for Fiscal Year 2019/20 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file a report on the use of Measure Z funds and the Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 14 Printed 4/1/2021 accompanying independent accountant's report for Fiscal Year 2019/20 approved by the Measure S Citizen’s Oversight Committee on February 1, 2021. RESULT: RECEIVED AND FILED A REPORT ON THE USE OF MEASURE Z FUNDS AND THE ACCOMPANYING INDEPENDENT ACCOUNTANT'S REPORT FOR FISCAL YEAR 2019/20 APPROVED BY THE MEASURE S CITIZEN’S OVERSIGHT COMMITTEE ON FEBRUARY 1, 2021, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 14. 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 January and February 2021. RESULT: APPROVED THE COMMERCIAL AND PAYROLL DISBURSEMENTS FOR JANUARY AND FEBRUARY 2021, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 15. Amendment to LCW Legal Service Agreement (All Wards) Recommendation Adopt Resolution No. 2021-29 of the Mayor and City Council of the City of San Bernardino, California, approving the first amendment to professional services agreement with Liebert Cassidy Whitmore for legal services in an amount not to exceed $154,000; and authorizing the City Manager to execute the agreement. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 15 Printed 4/1/2021 RESULT: ADOPTED RESOLUTION NO. 2021-29 APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LEGAL SERVICES IN AN AMOUNT NOT TO EXCEED $154,000; AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT, MAYOR AND CITY COUNCIL MEETINGS, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 16. Resolution Recognizing the San Bernardino Police Dispatch Association (SBPDA) for the Dispatch Unit (All Wards) Recommendation Adopt Resolution No. 2021-30 of the Mayor and City Council of the City of San Bernardino, California, recognizing 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. Council Member Shorett pulled Item No. 16 for discussion and stated he will not be supporting this item, commenting on the fiscal impact and expressed concerns on having a bargaining unit for one classification. Director of Human Resources Eveland provided additional information on the report, informing City Council that the Police Dispatchers have complied with all of the requirements. Ms. Eveland added that they are represented by the general unit, which is comprised of non-sworn staff even though they work with the police department. Council Member Sanchez commented on the amount of hours and type of work Police Dispatchers perform and would like to support San Bernardino’s Police and Dispatchers. Council Member Reynoso inquired the amount of pay Police Dispatchers receive. Council Member Shorett asked who represents the general employees. Ms. Eveland advised the general employees are currently represented by the International Union of Operating Engineers and informed City Council of current compensation and step ranges. MOTION BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. There was no second. SUBSTITUTE MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER REYNOSO, to reject the adoption of Resolution No. 2021-30 of the Mayor and City Council of the City of San Bernardino, California, recognizing the San Bernardino Police Dispatch Association (SBPDA) as the Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 16 Printed 4/1/2021 majority representative for the Police Dispatcher I and Police Dispatcher II positions for the purposes of employer-employee relations with the City. ALTERNATE MOTION BY COUNCIL MEMBER SANCHEZ, to continue the item to the next regular City Council meeting. There was no second. Council Member Calvin asked if the San Bernardino Police Dispatch Association has been recognized by the National Leader Board and what is the purpose of the request. Ms. Eveland advised that they have not, and stated that the request is from the employees that have the title of Police Dispatcher I and Police Dispatcher II in non- supervisory positions, clarifying that they wish to separate from the general unit and form their own association representing themselves in regards to issues of employment. Council Member Sanchez commented that a majority of Police Dispatchers voted to separate from the general unit. RESULT: REJECTED THE ADOPTION OF RESOLUTION NO. 2021-30 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECOGNIZING 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, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Ben Reynoso, Ward 5 AYES: Ibarra, Shorett, Reynoso, Alexander ABSTAIN: Calvin NOES: Sanchez, Figueroa 17. Updating the Procedure for Industrial Disability Retirement (IDR) Determinations of Local Safety Officer Employees of the Public Employees’ Retirement System (All Wards) Recommendation Adopt Resolution No. 2021-31 of the Mayor and City Council of the City of San Bernardino, California, updating the procedure for Industrial Disability Retirement (IDR) determinations of local safety officer employees of the Public Employees’ Retirement System. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 17 Printed 4/1/2021 RESULT: ADOPTED RESOLUTION NO. 2021-31 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, UPDATING THE PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT (IDR) DETERMINATIONS OF LOCAL SAFETY OFFICER EMPLOYEES OF THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 18. Approving Job Descriptions and Classifications and Amending the Salary Schedule (All Wards) Recommendation Adopt Resolution No. 2021-32 of the Mayor and City Council of the City of San Bernardino, California, approving the job descriptions and classifications for Public Information Officer (U), Housing Compliance Specialist, and Community Development Block Grant (CDBG)/Housing Program Assistant; and Amending the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions; and repealing Resolution No. 2020-293. RESULT: ADOPTED RESOLUTION NO. 2021-32 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE JOB DESCRIPTIONS AND CLASSIFICATIONS FOR PUBLIC INFORMATION OFFICER (U), HOUSING COMPLIANCE SPECIALIST, AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT; AND AMENDING THE CITY-WIDE SALARY SCHEDULE FOR FULL- TIME, PART-TIME, TEMPORARY, AND SEASONAL POSITIONS; AND REPEALING RESOLUTION NO. 2020-293, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 19. Third Amendment to Lease Agreement with Vanir Tower Building, Inc. (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2021-33 authorizing the City Manager to execute Amendment No. 3 to the Lease Agreement with Vanir Tower Building, Inc., 290 North D Street, San Bernardino, California, increasing rental space to include Suite 803, effective March 1, 2021, and extending the Lease Agreement through June 30, 2024. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 18 Printed 4/1/2021 Council Member Figueroa pulled Item No. 19 for discussion and commented that this item was included in the Mid-Year Budget Report that was not approved, asked if this item was related to the report, and why it was under the Consent Calendar instead of Staff Report. City Manager Field advised it is part of the Mid-Year Budget Report and the item would need to be continued. Mr. Field advised if it is the preference of the City Council, it will be brought back as a Staff Report item. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER REYNOSO, to continue the item. RESULT: CONTINUED THE THIRD AMENDMENT TO LEASE AGREEMENT WITH VANIR TOWER BUILDING, INC. TO THE NEXT REGULAR CITY COUNCIL MEETING AS A STAFF REPORT ITEM, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 20. Professional Services Agreement – Pepper Street Rehabilitation (Wards 3, 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-34: 1. Authorizing the Director of Finance to appropriate $49,122 from Measure I Fund No. 129 to Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project (“Project”), Account No. 129-160-8713; and 2. Authorizing the City Manager to execute a Professional Services Agreement with Kabbara Engineering in the amount of $234,911 for the Project. Council Member Figueroa pulled Item No. 20 for discussion. MOTION BY COUNCIL MEMBER FIGUEROA, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff’s recommendation. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 19 Printed 4/1/2021 RESULT: ADOPTED RESOLUTION NO. 2021-34 AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE $49,122 FROM MEASURE I FUND NO. 129 TO PEPPER AVENUE REHABILITATION FROM BASELINE ROAD TO MILL STREET PROJECT (“PROJECT”), ACCOUNT NO. 129-160-8713 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING IN THE AMOUNT OF $234,911 FOR THE PROJECT, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 21. FY 2020/21 Capital Improvement Plan Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the attached Work Plan Update on the FY 2020/21 Capital Improvement Program. Council Member Reynoso pulled Item No. 21 for discussion. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: RECEIVED AND FILED THE ATTACHED WORK PLAN UPDATE ON THE FY 2020/21 CAPITAL IMPROVEMENT PROGRAM, CARRIED 7-0 – Passed Unanimously MOVER: Ben Reynoso, Ward 5 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 22. Exempt Surplus Land Declaration - San Marcos Street and Congress Street Property (Ward 3) Recommendation Adopt Resolution No. 2021-35 of the Mayor and City Council of the City of San Bernardino, California, declaring City-owned property commonly known as San Marcos Avenue and Congress Street, located northerly of the southerly line of Parcel 3 as shown on Parcel Map 19648 recorded in Parcel Map Book 253 Pages 51 and 52 records of San Bernardino County, APN 0274-011-29 (“Property”), as “exempt surplus land,” as defined; and direct the City Manager to comply with the requirements of the Surplus Land Act, Government Code, Section 54220 et seq., for the disposition of surplus land and finding the action exempt from CEQA. Council Member Reynoso pulled Item No. 22 for discussion expressing that he will be Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 20 Printed 4/1/2021 making a motion to deny staff’s recommendation. Council Member Sanchez stated he would like staff to provide additional information on the staff report. Public Works Director Jensen provided information on surplus land and the definition under the Surplus Land Act. City Manager Field provided information on staff’s recommendation and explained that this process would vacate an unused and unusable stretch of road. Council Member Reynoso asked if the project is exempt from CEQA. Ms. Jensen advised that only the action of declaring the land surplus is exempt from CEQA, not the project itself. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER CALVIN, to deny Resolution No. 2021-35 and deny staff’s recommendation. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER ALEXANDER, to continue the item to next regular city council meeting. RESULT: CONTINUED ITEM TO THE NEXT REGULAR CITY COUNCIL MEETING, CARRIED (5-2) MOVER: Theodore Sanchez, Ward 1 SECONDER: Damon L. Alexander, Ward 7 AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander NOES: Figueroa, Reynoso 23. Citywide Pavement Rehabilitation Change Order 1 (All Wards) Recommendation Adopt Resolution No. 2021-36 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Contract Change Order (CCO) #1 to Project No. 7306 with American Asphalt South, Inc., in the amount of $137,223.84, for a full contract not-to-exceed amount totaling $768,733.84; and authorizing the Director of Finance to increase the purchase order to reflect the full, approved project cost. RESULT: ADOPTED RESOLUTION NO. 2021-36 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT CHANGE ORDER (CCO) #1 TO PROJECT NO. 7306 WITH AMERICAN ASPHALT SOUTH, INC., IN THE AMOUNT OF $137,223.84, FOR A FULL CONTRACT NOT-TO-EXCEED AMOUNT TOTALING $768,733.84; AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE THE PURCHASE ORDER Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 21 Printed 4/1/2021 TO REFLECT THE FULL, APPROVED PROJECT COST, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 24. Authorization to Issue Request for Proposals for Bridging Architecture Design Services for the Demolition of the Carousel Mall (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction authorizing the release of a Request for Proposals for bridging architecture design services for the demolition of the Carousel Mall. Council Member Calvin pulled Item No. 24 for discussion and asked if the property was going to be sold as-is in the original Request for Proposals. Community and Economic Development Director Huntley advised that demolition would be discussed during negotiations when Request for Proposals is received by the City. City Manager Field advised that the intention is the make the site development ready and to recoup the expenditures on demolition through the sale of the property. Council Member Calvin stated there is no rush to make this decision tonight, and that the money does not have to be expended at this time. Mr. Field advised there is no specific timeline and if City Council would like, staff can bring this item back at a later date. Council Member Shorett stated that City Council discussed this issue in October and Council gave direction to staff to consider demolition. Council Member Sanchez commented that if the City committed to demolishing the Carousel Mall and all this item does is ask for bids. Council Member Reynoso stated that he is uncomfortable approving this agenda item. Council Member Calvin stated that City Council needs to understand what the urgency is. City Manager Field advised the demolition has to be publicly bid and there is not any particular urgency. Mr. Field also stated that a decision has not been made with respect to demolition. MOTION BY COUNCIL MEMBER CALVIN, SECONDED BY COUNCIL MEMBER REYNOSO, to continue item for further discussion before brought back to City Council. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 22 Printed 4/1/2021 RESULT: CONTINUE ITEM FOR FURTHER DISCUSSION BEFORE BROUGHT BACK TO CITY COUNCIL, CARRIED (6-1) MOVER: Kimberly Calvin, Ward 6 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: Figueroa 25. Receive and File the Audited Comprehensive Annual Financial Report of San Bernardino Municipal Water Department for Fiscal Year Ended June 30, 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the audited Comprehensive Annual Financial Report of the San Bernardino Water Department’s Water, Sewer Treatment, and Sewer Collection utilities for the Fiscal Year ended June 30, 2020. RESULT: RECEIVED AND FILED THE AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE SAN BERNARDINO WATER DEPARTMENT’S WATER, SEWER TREATMENT, AND SEWER COLLECTION UTILITIES FOR THE FISCAL YEAR ENDED JUNE 30, 2020, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS A. Procedures for Evaluating City Council Appointed Employees – Council Member Alexander MOTION BY COUNCIL MEMBER ALEXANDER, SECOND BY COUNCIL MEMBER REYNOSO, to bring back procedures and policies within the next 30 days on how City Council evaluates appointed employees. CARRIED 6-1 (COUNCIL MEMBER FIGUEROA OPPOSED) MOTION BY COUNCIL MEMBER CALVIN, SECONDED BY COUNCIL MEMBER REYNOSO, to hold a special meeting to discuss the conflict of interest and improprieties referring to the matters of the Redevelopment of the Carousel Mall Property. CARRIED 7-0 – Passed Unanimously ITEMS TO BE REFERRED TO COMMITTEE There were no items referred to the Committee. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. Regular Meeting Minutes February 17, 2021 Mayor and City Council of the City of San Bernardino Page 23 Printed 4/1/2021 ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 11:46 p.m. 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, March 3, 2021 via tele-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.