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HomeMy WebLinkAbout04-21-2021 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, APRIL 21, 2021 5:30 PM The Regular 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, April 21, 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 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 April 21, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/30/2021 CLOSED SESSION PUBLIC COMMENT Tressy Capps, San Bernardino, commented on Item C. she questioned the costs incurred by the City due to the lawsuits against the Mayor. She also asked the Mayor to let the people in the North End have their clean-up project. Treasure Ortiz, San Bernardino, spoke about the claims and investigations regarding the Mayor. She expressed that the Mayor should not have volunteers on his staff, and felt that the Council Members and City Attorney are responsible for the Mayor’s actions and that they should hold him accountable. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): (One) Item (B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters - Middle Management Unit; San Bernardino Police Officers Association; and San Bernardino Confidential-Management Association (C) 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. John Valdivia, et al., San Bernardino Superior Court Case No. CIVSB2025900 (D) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS Pursuant to Government Code Section 54957 (Discussion of evaluation procedures and preparation for annual evaluation of Mayor and Council appointees) Title: City Manager Title: City Attorney Title: City Clerk Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/30/2021 INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia asked Pastor Chris Reinhard of Sandals Church lead the invocation and the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho informed there was reportable action on Item A of the Closed Session Agenda. The City Council by unanimous vote authorized the City to file a receivership action for property located at 2249 Serrano Road. MAYOR AND CITY COUNCIL UPDATES At this time the Mayor and City Council provided community updates. Council Member Alexander informed that the 7th Ward had their first quarterly meeting and they had a great turnout; the District Attorney’s office provided a presentation on the Victim/Witness assistance program. Council Member Calvin wished Mrs. Carruthers a happy birthday and commented that Mrs. Carruthers had turned one-hundred years old. Council Member Reynoso expressed his condolences to Council Member Shorett; he also commented on the Chauvin trial and the guilty verdict that was announced earlier in the day; he informed that the neighborhood associations had begun gathering in person and he attended the Verdemont Neighborhood Association meeting on Saturday; Reynoso highlighted The Locals Outfitter that carries the Carousel Mall jacket he was wearing. Council Member Reynoso also recognized the following students and coaches of the Cajon High School Mock Trial Team for having placed 5th statewide. Fatima Mora-Popoca, Amelia Soto, Kevin Amilpa, Cassandra Davis, Guisselee Salazar, Raymond Altamirano, Ruben Cerda-Vargas, Trapp Fought, Kaitlyn Aguirre, Celeste Alvarez, Andrew Gonzales, Emory Ho, Jazzmonae Jenkins, Moyosoreoluwa Oduntan, and coaches Robert Grande and Stephen Gonzales Council Member Shorett spoke stated he was pleased to see the return of the Mayor and City Council updates on the agenda. He spoke on the passing of his brother Denny Shorett. Mayor Pro-Tem recognized the passing of residents Terry Walker and Frank Valenzuela and expressed her condolences to their families. Council Member Sanchez announced the celebrations at the national level and informed that today was national chocolate covered cashews day, kindergarten day, and administrative professional’s day. Mayor Valdivia expressed his appreciation for the City’s administrative staff and thanked his Executive Assistant Renee Brizuela for the support she has provided. Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/30/2021 CITY MANAGER UPDATE City Manager Rob Field commented on the Earth Day celebrations taking place in the City to mark Earth Day. He commented on the grant the City received from San Manuel Band of Mission Indians; public service hours at the library being expanded; the Public Library System was recognized by the United States Census Bureau as a partner in the 2020 Census. PRESENTATIONS 1. Proclamation for DMV/Donate Life Month - April 2021 2. Proclamation for Child Abuse Prevention Month - April 2021 Mayor Valdivia proclaimed the month of April as Donate Life and Child Abuse Prevention Month PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Azar, Brian Williams, Terry Van Kerlig, Joseph, Jesse Lopez, Alicia Campa, Sheila Wallenaire, Estella Nunez, Lidia Gutierrez, Kimberly Schmidt, Hugh Johnson, Nancy Braugh, Karen Avila, Randall, Regina Yoder, Alberto, Anna, Jeanette McKaig, Roger Denton, Anna Mayorquis, Peggy Hizlet, Linda Tobiers, Harry Hatch, Georgina, and two other anonymous citizens, spoke in support of Item No. 7, against the Mayor’s veto and in support of awarding the contract for removal of concrete pile on N. Palm Ave. Asia Jones, John Chavez, Kenisha, Johnny Abraham, Wendy, Lacey Trout, and twelve other anonymous citizens, spoke in opposition of Item No. 7, against the contract for removal of concrete, and in support of onsite crushing of the concrete pile on N. Palm Ave. Serena Gonzalez, San Bernardino commented on Item No. 7 and suggested that the concrete pile be transported and crushed in the middle of the desert somewhere and then brought back to the site, at the cost of the developer. She stated that onsite crushing is too dangerous. Loralee Brownton, San Bernardino, spoke about Item No. 7 and suggested the developers find a different place to dispose of their concrete. Cindy Mendoza, San Bernardino, commented on Item No.7 and asked that the City get rid of the concrete pile and suggested it was illegal in the first place. Anonymous, San Bernardino, spoke about Item No. 7 and suggested City Staff and Council members are responsible for the concrete pile being left on Palm Ave. Barbara Sky, San Bernardino, commented on Item No. 7 and stated that the concrete testing lab report is fraudulent, the concrete is contaminated, and the concrete should not be allowed to be crushed onsite. Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/30/2021 Barbara Sky, San Bernardino, spoke about Item No. 7 and stated that the concrete on Palm Ave. is contaminated and will be harmful to residents if crushed onsite. Irma Vasquez, San Bernardino, commented on Item No. 7 and stated that the contractor should be responsible for removing the concrete from the site, and that the Mayor should not be allowed to veto the Council’s decision to have it removed. Treasure Ortiz, San Bernardino, spoke about Item No. 7 and stated that the new owner and developer of the Palm Ave. project should be responsible for the concrete pile. She stated that Staff and Council Members should be held accountable for their actions. She also questioned why Councilmember Figueroa does not speak about issues in his ward during Council meetings. Linda Meza, San Bernardino, spoke about Item No. 7and stated that the concrete dump site is an environmental hazard and is also being used by motorbike riders. She suggested the council decide on an environmentally safe way to remove the concrete. Michael Rendell, San Bernardino, commented on Item No. 7. He stated that the concrete should stay where it is and to let the builder complete their project. Rikke Van Johnson, San Bernardino, spoke about Item No. 10. He is concerned about interns and potential future lawsuits. He also commented on Item No. 7, and the dangers of grinding concrete onsite. He is also concerned about an old bakery on Medical Center Drive; he believes it is a public nuisance and a safety hazard. He also commended Councilmember Calvin for the job she is doing for the 6th Ward. Stephen Shepard, San Bernardino, commented on Item No. 20. He asks that Council reconsider letting Inland So Cal administer the Rental Assistance Fund and let someone within the City administer the funds. Hardy Brown, San Bernardino, spoke about Item No. 20; he questioned how So Cal United Way will manage the administration of the City’s Emergency Rental Assistance Program. He also spoke about a non-agenda item regarding the police department’s use of certain abbreviations or acronyms for suspects’ race in arrest records. APPOINTMENTS 3. Downtown Advisory Committee Appointment (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Richard R. Hernandez to the Downtown Advisory Committee representing Ward 3 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 4. Downtown Advisory Committee Appointment (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Paul Guerrero to the Downtown Advisory Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/30/2021 Committee representing Ward 1 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. 5. Measure S Citizens Oversight Committee Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Derrick J. Wesson to the Measure S Citizens Oversight Committee representing Ward 7. Mr. Wesson will replace Felicia Alexander with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 6. Downtown Advisory Committee Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Lelita (Leta) Amick to the Downtown Advisory Committee representing Ward 7 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENTS OF MR. RICHARD HERNANDEZ, MR. PAUL GUERRERO, MR. DERRICK J. WESSON, MS. LELITA AMICK, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ABSENT: Ibarra DISCUSSION 7. Reconsider Award of Nuisance Abatement Services Agreement to Cemex Corporation for Removal of Concrete Pile on N. Palm Avenue (Ward 5) Recommendation Reconsideration of Resolution No. 2021-85 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the Nuisance Abatement Services Agreement between the City of San Bernardino and Cemex Corporation of Ontario, California, dated March 31, 2021 in an amount not to exceed $1,470,000 to provide abatement services required at private property located on N. Palm Avenue, San Bernardino, California 92407; APNs: 0261-011-08-0000, 0261-011-13-0000, 0261-011-14-0000 (“Project”); and 2. Amending the FY 2020/21 operating budget to appropriate $2,000,000 from the City’s undesignated General Fund reserve to support the project to include the cost of the abatement services in the amount of $1,470,000, project contingencies in the amount of $330,000, and anticipated project water use in the Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/30/2021 amount of $200,000; and 3. Authorizing the City Manager to expend contingencies as necessary to complete the Project. Mayor Valdivia announced the item and City Clerk Rocha read in the record the memo from the Mayor dated April 7th where he informed that he would be vetoing Item No. 31 Award of Nuisance Abatement Services Agreement to Cemex Corporation for Removal of Concrete Pile on N. Palm Avenue (Ward 5) from the April 7th Mayor and City Council meeting. Council Member Shorett inquired and City Attorney Carvalho confirmed that they were voting whether to uphold the veto or not and any further discussion not agendized would be a potential violation of the Brown Act. Council Member Sanchez stated he would vote against the contract with Cemex because the City would be paying two million dollars to move concrete. He stated that there are only three cement plants in the City that can handle that amount of cement. Mayor Pro-Tem Ibarra expressed her concern over some of the speakers that remained anonymous. MOTION BY MAYOR PRO-TEM IBARRA, SECOND BY COUNCIL MEMBER REYNOSO, to approve staff’s recommendation, failed motion due to requiring five affirmative votes (4-3) Council Members Sanchez, Figueroa, Shorett opposed Mayor Valdivia’s veto on the item stands. 8. Interpreting Services for City Council Meetings and Workshops (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 on interpretation services for City Council meetings, special meetings, and/or workshops. City Clerk Genoveva Rocha provided a presentation to the Mayor and City Council. Council Member Shorett inquired whether these services were provided at the Board of Supervisor’s meetings or at the national level and stated he was not in support of providing interpretation services. City Clerk Rocha informed that interpretation services are offered at other agencies at the local level; however, they were typically provided upon request, and informed that the City of Santa Ana provided live interpreting services of their council meeting that was then streamed on their YouTube channel. Mayor Pro-Tem Ibarra added that the City’s school district provided interpreting services for their meetings. She expressed that she was happy to see the item before the council’s consideration and stated that individuals have wanted to become more involved; however, they had not learned the English language. Mayor Pro-Tem inquired, Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/30/2021 and City Clerk Rocha informed that the quotes received were for four hours due to the length of the council meetings. Council Member Sanchez stated he wanted to distinguish between in-person interpreting services and translation services for those watching the meetings from home on their devices or television. He expressed that his focus was ensuring there was captioning available for those watching from home on the website or the public access channel and providing Spanish voice-over, in-person interpretation upon request for Spanish. Have staff come back with a report showing the cost and feasibility Council Member Reynoso inquired and City Clerk Rocha responded that staff could begin with the English captioning at the next meeting, as far as interpreting services it would need to be decided whether it would be ongoing on provided upon request; she also informed that staff would need to research further on the feasibility to provide captioning in languages other than English. IT Director Mitch Cochran explained the logistics of implementing the live interpreting and captions. MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY COUNCIL MEMBER CALVIN, to approve Option No. 2. City Clerk Rocha asked Council Member Reynoso if he would be open to implementing the Spanish Interpretation and English captioning to begin with and staff would further research the cost and feasibility of providing translation in other languages. Council Member Reynoso stated reiterated his approval for Option No. 2. Council Member Sanchez inquired why Vietnamese was being selected when there were other widely spoken languages according the report provided by the Registrar of Voters. Council Member Figueroa suggested that a television be displayed in the lobby of the library to provide the Spanish broadcast, and inquired if the option would allow for reverse interpretation should there be a Spanish speaker. City Clerk Rocha confirmed it would allow for reverse interpretation. City Clerk Rocha called a roll call vote on Council Member Reynoso’s motion to approve option No. 2 and the motion failed. MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY COUNCIL MEMBER CALVIN, to approve Option No. 2, MOTION FAILED (3-4) COUNCIL MEMBERS SANCHEZ, IBARRA, FIGUEROA, SHORETT OPPOSED MOTION BY COUNCIL MEMBER SHORETT, SECOND BY COUNCIL MEMBER REYNOSO, to table Item No. 8, MOTION FAILED (3-4) COUNCIL MEMBERS SANCHEZ, IBARRA, CALVIN, and ALEXANDER OPPOSED. Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 4/30/2021 RESULT: MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER ALEXANDER to direct staff to bring back a report outlining the feasibility and costs to provide English captions for viewers at home, Spanish voice-over, TV near the council chambers that includes English captions and another television that provides the Spanish interpretation. MOVER: Theodore Sanchez, Ward 1 SECONDER: Damon L. Alexander AYES: Sanchez, Ibarra, Calvin, Alexander NOES: Figueroa, Shorett, and Reynoso 9. Establishment of Local Campaign Finance Regulations (All Wards) Recommendation Review and Provide Further Direction to Staff Regarding Proposed Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 2.55 to the City of San Bernardino Municipal Code Regarding Local Campaign Finance Regulations. Council Member Sanchez expressed his enthusiasm for being the first City in the region to consider a passing comprehensive campaign finance reform. MOTION BY COUCNIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER IBARRA Council Member Sanchez stated he was assigning $250 for Ordinance sections B, F, G, and E; Section C would require full disclosure regardless of the amount received. He spoke on enforceability and requested that when there was any impropriety from elected officials, staff or elected officials could refer the case to the contracted hearing officer. The hearing officer would then report back to the City Council if the hearing officer finds that any elected officials violated the Ordinance. Elected officials determined to have violated the Ordinance would be docked 10% of their monthly pay for the month of the violation. Mayor Pro-Tem the state can provide enforcement. Mayor Valdivia inquired if this Ordinance was a duplication of rules already in place. Council Member Sanchez said there is a delay in disclosures until the FPCC 460 report is available; he suggested that with the proposed Ordinance in place disclosure would be immediate, and it would prevent solicitation of a contribution moments before an issue is decided on. Mayor Valdivia stated there was a system in place that monitors contributions and provisions are already in place. Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 4/30/2021 Council Member Reynoso inquired and Council Member Sanchez informed that regardless of the amount received the amount needed to be disclosed. Council Member Reynoso stated he was second the amended motion. Council Member Alexander expressed his concern on the enforcement being proposed and suggested that the findings of the hearing officer be accepted and report back to the Mayor and City Council. Assistant City Manager Rebekah Kramer informed that staff had reached out to the FPPC to inquire about the cost to provide enforcement of a local Ordinance that provides more restrictive campaign contribution limits than defined by the State. Council Member Shorett stated that he would not support this item. Council Member Figueroa said he would be willing to vote in favor if the reporting period was subsequent to the last posting of the FPPC Forms 460 (six months). Council Member Sanchez was in agreement with Council Member Figueroa and requested that Staff bring back options on enforcement that included a hearing officer or enforcement through the FPPC. For sub section (c ) any amount received has to be reported and strike sub section (d) Council Member Reynoso stated he was withdrawing his motion. RESULT: MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY COUNCIL MEMBER ALEXANDER, to continue the item, carried (6-1) COUNCIL MEMBER SANCHEZ OPPOSED. MOVER: Ben Reynoso, Ward 5 SECONDER: Damon L. Alexander, Ward 7 AYES: Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: Sanchez 10. Administrative Policy (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-86 as presented establishing the Municipal Volunteer Program (MVP) Policy. Council Member Reynoso inquired who from Staff would be qualified to be a supervisor, and Human Resources Director Edelia Eveland provided examples. Council Member Reynoso motioned to amend Staff’s recommendation and entitle the Mayor and City Council to have two volunteers. Council Member Calvin expressed her concern with the Mayor having interns considering that his support staff had been removed. Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 4/30/2021 Council Member Shorett stated a person should not be singled out and expressed he disagreed with having any interns or volunteers for any of the elected officials. Council Member Reynoso stated he appreciated Council Member Calvin’s comments. Council Member Reynoso motioned to amend the Staff’s recommendation to include two volunteers for each council member, and while the Mayor is undergoing litigation for harassment that it be forbidden for him to have volunteers during the course of the trial. Mayor Valdivia stated that the conversation was turning into a litigation discussion, cautioned the council to discontinue, and suggested that the discussion be held in Closed Session. Council Member Ibarra stated she was not in agreement with adding interns or volunteers for the City Council and felt that current council staff could oversee requests from all council members. COUNCILMEMBER SANCHEZ, SECOND BY COUNCIL MEMBER SHORETT, to table Item No. 10 RESULT: MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER SHORETT, to table the item, carried (4-3). MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Figueroa, Shorett, and Calvin NOES: Ibarra, Reynoso, and Alexander PUBLIC HEARINGS 11. Accessory Dwelling Unit Ordinance (All Wards) 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 No. MC- 1559 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 21-01 amending Title 19 (Development Code) of the City of San Bernardino Municipal Code to establish standards for Accessory Dwelling Units and finding the statutory exemption under the California Environmental Quality Act; and 2. Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 5, 2021. Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 12 Printed 4/30/2021 City Clerk Rocha announced there was a request to speak for this item and placed a call back to Maribel Nunez; however, Ms. Nunez was not available. RESULT: MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER REYNOSO, to approve Staff’s recommendation, carried (7-0). MOVER: Theodore Sanchez, Ward 1 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 12. Draft Fiscal Year 2021-2022 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs (All Wards) Recommendation It is recommended that the Mayor and the City Council for the City of San Bernardino, California, conduct a public hearing on the review of the draft Fiscal Year (FY) 2021-2022 Annual Action Plan (AAP) associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs. Council Member Figueroa informed he would be abstaining from this item. The Public Hearing was opened at 10:44 p.m. Discussion ensued amongst the City Council on the validity of the recommendations. Mayor Pro-Tem requested that staff return with suggestions for other streets in the area that have been neglected, needed repair, and not include streets recommended at the last CDBG Committee meeting. Council Member Calvin seconded Mayor Pro-Tem's request. Council Member Sanchez informed that the staff report did not reflect any input given at the last CDBG Committee meeting. Mayor Valdivia informed that the meeting was held under the provisions of the Brown Act and had been noticed. Administrative Analyst Maria Gallegos gave a brief presentation to the Mayor and City Council. Mayor Valdivia inquired, and Mr. Field stated he needed to clarify that the allocations were 20% for CDBG, 10% of the Home allocation, and 7.5% of ESG and that it added up to less than 20%. Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 13 Printed 4/30/2021 Assistant City Manager Rebekah Kramer added that the cost was to administer the City program, the staff that manages and reports on the program. Mayor Valdivia stated there was no requirement that all the money be spent; it could be lowered and expend more money on services such as pothole repair, park bench installations, etc. City Manager Field advised that it was difficult to administer this program, and if not appropriately administered, HUD could essentially remove funding. The program needs adequate staffing to ensure proper reporting. Council Member Alexander inquired, and Mr. Field confirmed that the percentages given paid for those administering the programs. Mayor Pro-Tem Ibarra inquired, and Ms. Gallegos informed that the $75,000 paid for supplies and hotel vouchers that are given to the homeless individuals they contact. Community and Economic Director Michael Huntley added that two staff members come into the office, perform outreach, counseling, and provide applications. Mayor Pro-Tem Ibarra and Council Member Alexander expressed their concerns in attempting to contact Step Up on Second. Housing Manager Gretel Noble informed that Step Up on Second was not set up to be a call and response system, and they have been one of the most successful programs to provide housing for the homeless population. Council Member Shorett spoke on the Council's roles, on holding staff accountable and providing input. Council Member Calvin stated that Council Member Alexander and Mayor Pro-Tem were doing their due diligence, ensuring that those who contract with the City fulfill their responsibilities. RESULT: MOTION BY COUNCIL MEMBER SHORETT, SECOND BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation, carried (4-2-1). MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Shorett, and Reynoso NOES: Ibarra, Calvin, and Alexander ABSTAIN: Figueroa Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 14 Printed 4/30/2021 13. Substantial Amendment to Fiscal Year 2019/20 Neighborhood Stabilization Program 1 & 3 Action Plans (Wards 1, 2, 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing and approve a Substantial Amendment to the Neighborhood Stabilization Program (NSP) Action Plans for Fiscal Year 2019/20; and 2. Authorize City Manager or designee to make administrative changes to the NSP Action Plans to meet HUD budgeting and reporting requirements. The Public Hearing was opened at 11:12 p.m. City Clerk Rocha announced there were no requests to speak for this item. RESULT: MOTION BY COUNCIL MEMBER SHORETT, SECOND BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation, carried (7-0). MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and 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. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NOS. 20, 26 and 30, 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 Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 15 Printed 4/30/2021 14. Approval of the Mayor and City Council Meeting Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes of the Mayor and City Council meetings for the following dates: March 17, 2021 Regular Meeting Minutes March 31, 2021 Special Meeting Minutes April 4, 2021, Regular Meeting Minutes April 8, 2021, Special Meeting Minutes 15. Plan for Holding In-Person Meetings (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the report on the plan for holding in-person meetings of the City Council, Boards, Commissions, and Committees beginning July 1, 2021. 16. Nuisance Abatement Program Update (All Wards) Recommendation It is recommended that the Mayor and the City Council of the City of San Bernardino, California, receive and file the report on the implementation of the Nuisance Abatement Program. 17. Purchase and Sale Agreement with ICO Real Estate Group, Inc. with Respect to the Real Estate Property Located on W. 5Th Street and W. Spruce Street, Between N. G Street and N. H Street - City and Successor Housing Agency Actions (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-87 approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino and GATEWAY SB, LLC, a limited liability company, with respect to the Real Property located along West Spruce Street between North “G” Street and North “H” Street and along West 5th Street West of North “G” Street, San Bernardino, California (APNs 0134-053-20 to 0134-053-23, 0134-053-025, 0134-053-26; 0134-054-07 to 0134-054-09; and 0134-093-07 to 0134-093-09), and approving certain related actions; and 2. Adopt Resolution No. 2021-89 acting in the capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino acting in the capacity as the Successor Housing Agency of the Redevelopment Agency of the City of San Bernardino and GATEWAY SB, LLC, a limited liability company, with respect to the Real Property located along West 5th Street, North “G” Street, and North “H” Street in the City of San Bernardino, California, County of San Bernardino (APNs 0134-054-24 to 00134- Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 16 Printed 4/30/2021 054-26; 0134-061-21, 0134-061-22, 0134-061-25, 0134-061-30; 0134-093-05, 0134-093-06; and 0134-101-02 to 0134-101-06, 0134-101-28) and approving certain related actions. 18. Professional Services Agreement with PlaceWorks for Professional Planning Services: Local Hazard Mitigation Plan and Emergency Operations Plan (All Wards) Recommendation Adopt Resolution No. 2021-90 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with PlaceWorks to prepare the Local Hazard Mitigation Plan and Emergency Operations Plan as part of the comprehensive update to the City’s General Plan; and authorize the Finance Director to amend the FY 2020/21 adopted budget accordingly. 19. First Amendment to the Legal Services Agreement with Woodruff, Spradlin & Smart Recommendation It is recommended that the Mayor and the City Council of the City of San Bernardino, California adopt Resolution No. 2021-91, approving the First Amendment to the Legal Services Agreement with Woodruff, Spradlin & Smart. 20. Emergency Rental Assistance Program (All Wards) It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-92 authorizing the City Manager to execute the Professional Services Agreement with the Inland SoCal United Way to assist in the administration of the City’s Emergency Rental Assistance Program; and 2. Direct the City Manager to execute a Memorandum of Understanding with the State Department of Housing and Community Development related to Option C of the Emergency Rental Assistance Program. Council Member Reynoso inquired and Mr. Huntley confirmed that Inland SoCal United Way will be contractually bound to work with non-profits locally. Council Member Calvin stated that was not how it was written and noted a separate phone line should be included for the City of San Bernardino so that residents could get through. She commented that she, along with Council Members Ibarra and Reynoso, worked with staff and voiced the concerns of the community. Mayor Valdivia and Council Member Shorett suggested that sub-committees of the City Council should be open to the public. City Attorney Carvalho explained the Brown Act requirements for standing committees and informed that this particular committee that the Mayor and City Council formed for the purpose to research one issue was more in line with an ad-hoc committee and did not have posting requirements. Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 17 Printed 4/30/2021 RESULT: MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation, carried (7-0). MOVER: Ben Reynoso, Ward 5 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander NOES: None 21. January/March 2020 and February/March 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 minutes from the City’s board, commission, and citizen advisory committee meetings approved in February and March 2021. 22. Investment Portfolio Report for March 2021 (All Wards) 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 March 2021. 23. 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 March and April 2021. 24. Request Purchase Authorization for a Network Refresh for the Feldheym Library and Three Branch Libraries Recommendation Adopt Resolution No. 2021-93 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or designee to authorize and issue a Purchase Order to GovConnection, Inc., in the amount of $36,385.58 to purchase network equipment as outlined in the report. 25. Grant Award for Virtual Youth Programing (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2021-94 accepting grant funding from the California State Library for the Virtual Youths at the Library project and authorize the Director of Finance to amend the FY 2020/21 Budget to appropriate funding. 26. Amendments to the Public Works Vendor Service Agreements with RP Landscape and Irrigation, Quality Light and Electrical, Sierra Pacific Electrical Contracting, C&W Construction Specialties Inc., and Fairview Ford Sales Inc. (All Wards) Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 18 Printed 4/30/2021 Recommendation Adopt Resolution No. 2021-95 of the Mayor and City Council of the City of San Bernardino, California, authorizing the First Amendment to the Vendor Service Agreements for (1) RP Landscape and Irrigation, (2) Quality Light and Electrical, (3) Sierra Pacific Electrical Contracting, (4) C&W Construction Specialties Inc., and (5) Fairview Ford Sales Inc. Council Member Calvin inquired and Public Works Director Kris Jensen informed that because the projects were first amendments to vendor service agreements, staff was seeking to have the compensation approved and consolidate the requests. Council Member Calvin indicated that if that was the same reason for Item No. 30 she was requesting to approve both items in one vote. RESULT: MOTION BY COUNCIL MEMBER SHORETT SECOND BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation for Item No. 26 and Item No. 30, carried (7-0). MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander NOES: None 27. Second Amendment to Professional Service Agreement with Kimley-Horn and Associates, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-96 of the Mayor and City Council of the City of San Bernardino, California 1. Approving the Second Amendment to the Professional Services Agreement with Kimley-Horn and Associates, Inc. (“Second Amendment”) in the amount of $35,000 for additional design and preparation of plans and specifications for Capital Improvement Project - Upgrade Various Signal Hardware at 224 Signalized Intersections (TC20-007) (“Project”); 2. Authorizing the Director of Finance to record a budget adjustment for the Project in the amount of $35,000 in the Federal Grant Program Fund 123, and amend the purchase order to Kimley-Horn and Associates, Inc., to a total contract amount of $631,534.25; and 3. Authorizing the City Manager, or designee, to execute the Second Amendment. 28. Construction Contract Award – Connector Pipe Screen (CPS) TMDLS – Track 1 (All Wards) Recommendation Adopt Resolution No. 2021-97 of the Mayor and City Council of the City of San Bernardino, California: Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 19 Printed 4/30/2021 1. Approving the award of a Construction Contract with United Storm Water, Inc., of the City of Industry in the amount of $59,877.25 to perform installation work for Connector Pipe Screen (CPS) Total Maximum Daily Loads (TMDLs) - Track 1 ("Project"); 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $68,871 for the Project; and 3. Authorizing the City Manager, or designee, to expend the contingency fund, if necessary, to complete the project. 29. Construction Contract Award – 2ND Street Bridge Replacement at Warm Creek (Ward 1) Recommendation Adopt Resolution No. 2021-98 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Ortiz Enterprises, Inc. in the amount of $2,604,290 for construction of the 2nd Street Bridge Replacement over Warm Creek (“Project”); and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $3,008,397 the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 30. Authorize Public Works Purchase Order Increases (All Wards) Recommendation Adopt Resolution No. 2021-99 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or designee to execute Public Works purchase order increases for the following: UC Fence, San Bernardino Paint, McCain Inc., Econolite, Inland Body and Paint Center, BHI Plumbing, Heating and Air, and Southern California Gas Company. RESULT: MOTION BY COUNCIL MEMBER SHORETT SECOND BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation for Item No. 26 and Item No. 30, carried (7-0). MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander NOES: None Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 20 Printed 4/30/2021 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 31. Authorization to Allow Concrete to be Crushed Onsite in Association with the Property Located on North Palm Avenue - Mayor John Valdivia Mayor Valdivia announced that due to the outcome of Item No. 7, he was removing Item No. 31 from the agenda. Council Member Calvin requested the preparation of a staff report outlining how the unused funding allocated for the gun buyback program can be reallocated to promote safety and homeless service outreach programs. Mayor Valdivia requested that there be an update on the Carousel Mall demolition cost and financing forecast. Council Member Figueroa requested an update on the Renaissance/ICO project. ITEMS TO BE REFERRED TO COMMITTEE There were no items referred to committees. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences or meetings attended. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA Robert Porter, San Bernardino, asked that Councilmembers help ensure Commissions have quorums so that they can hold their meetings. He also stated that the Mayor should not veto any action after a City Council meeting; he also supports retrofitting City Hall. Iliana Massengill, San Bernardino, spoke in opposition of the street vendors. She stated she does not like to see so many street vendors and requested that the City Council resolve the issue. Anonymous, San Bernardino, commended Parks and Recreation staff, and stated her kids love going to the activities the City holds at Ruben Campos Community Center. Jamie Lopez, Janelle Guerrero, Aneli Milan, Javier, Athena Tan, Claudia Bautista, and two anonymous citizens commented on the Police Department and Business Registration staff penalizing street vendors. They support finding funds and resources to support the street vendor community and stop issuing them citations. They do not believe the Police should have the right to penalize street vendors. Marilyn Flores, Amalia Partido, Brant Vargas, Bonnie Galloway, Students at Cal State San Bernardino, all spoke about their community advocacy project team named “Celebrating Diversity”. They would like to advocate for a recently introduced bill, House Resolution 67, which acknowledges that child poverty prevents children from having an economically secure future. They would like to raise awareness and support of House Resolution 67. Regular Meeting Agenda April 21, 2021 Mayor and City Council of the City of San Bernardino Page 21 Printed 4/30/2021 Mary Jo, San Bernardino, requested that the City Council begin meeting in person. Cheryl Brown, San Bernardino, spoke about people who do not live in San Bernardino receiving City funds for businesses instead of residents receiving the funds. She also stated that So Cal United Way should not be receiving any of the City’s resources. Spanish: Javier, Vivian, Renato Gonzalez, Gustavo Gomez Rosada, Mariela, Joanna Rubio, commented on the Police Department and Business Registration staff penalizing street vendors. They support finding funds and resources to support the street vendor community and stop issuing them citations. They do not believe the Police should have the right to penalize street vendors ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 12:07 a.m. on Thursday, April 22, 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, May 5, 2021 via tele-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. BY: Genoveva Rocha, CMC City Clerk