Loading...
HomeMy WebLinkAbout03-02-2022 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, MARCH 2, 2022 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 Pro-Tem Figueroa on Wednesday, March 2, 2022, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:35 PM Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present 5:40 PM Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Present 5:50 PM 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 March 2, 2022 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/5/2022 CLOSED SESSION PUBLIC COMMENT There were no public comments for Closed Session. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Miguel A. Mondragon, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB 2103398 B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organizations: San Bernardino Confidential Management Association; Possible Future Unrepresented Executives Mayor Valdivia called the Regular Meeting to order at 7:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Alexander led the invocation and Council Member Reynoso led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that the Mayor and City Council discussed three items. The first item was a matter of existing litigation where the Mayor and City Council gave Risk Management outside legal counsel direction. The second matter was a matter of potential litigation. The City Council by unanimous vote authorized City staff to file a receivership case on a public nuisance property located at 701 North E Street. The last item was a conference with labor negotiator and direction was given to staff negotiators. CITY MANAGER UPDATE City Manager Rob Field provided city-wide updates to the Mayor and City Council. Updates included grant funding the City has received, the Homeless Point-In-Time Count, and recent homicide arrests. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS The Mayor and City Council Members provided updates to the community. Highlights included upcoming General Plan Community Workshops, Neighborhood Association Regular Meeting Agenda March 2, 2022 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/5/2022 meetings, and the annual financial report. Council Members Calvin and Alexander attended their first Southern California Association of Governments (SCAG) Housing Policy Leadership Academy and reported that it was very informative and they would be utilizing the adaptive leadership skills they have learned. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayra Melgar, Executive Director for Missions of Love, spoke about an arts program and organic garden for children. Her organization is looking for a location to host their programs in the city. Cheryl Richardson, San Bernardino, spoke about issues she is having with San Manuel Casino regarding privacy in her home that is adjacent to the property. John Richardson, San Bernardino, also commented about San Manuel and stated that balconies and the smoking session at the casino invade their privacy. He stated that it is wrong for the city to accept money from San Manuel. Rikke Van Johnson and Dolores Armstead, Akoma Unity Center, San Bernardino, commented about Akoma Unity Center’s event unveiling a mural honoring African American ancestors of San Bernardino’s West Side community. They also thanked community members, staff and council members for their valuable contributions. Acting Public Works Director Alex Qishta was presented an award for his contributions to the project. John Shollenberger, San Bernardino, spoke about the proposed charter amendment to eliminate the elected position of Mayor. He stated that the City has a Manager- Council form of government, and the Charter should be amended to reflect that. Robert Porter, San Bernardino, expressed support for San Manuel. He also reported that the Arts and Historical Preservation Committee is in need of grant money for projects and support for artists. Treasure Ortiz, San Bernardino, commented in support of the new Department Directors in the city. She also expressed concern for the homeless population. She asked the City Manager about the status of a new Chief of Police and the status of the Downtown Redevelopment Plan. Harry Hatch, San Bernardino, spoke about the cement pile debris known as the Oxbow project. He stated that the debris is polluted because it contains ion batteries. He encouraged council to vote to bring this issue back at a future meeting. Frank Audi, San Bernardino, talked about the phrase “liberty and justice for all”, and about success. Nohemi, San Bernardino, spoke about a recent incident of her teenaged son being harassed by the police. She stated that police tactics need to change. Ronnie Miller, San Bernardino, thanked Council Members Reynoso, Calvin, and Alexander for their support of the Community Engaged Christmas event. She also Regular Meeting Agenda March 2, 2022 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/5/2022 presented a Plaque of Recognition to Council Member Reynoso, for his support of community organizations. She stated that Council Members Calvin and Alexander had also received plaques. She announced several upcoming community events of interest. Sandra L., 3rd Ward Resident, spoke in support of Dr. Treasure Ortiz for Mayor. She stated that Dr. Ortiz cares about the city and is the best candidate. At this time, City Clerk Genoveva Rocha read the following written ADA accommodation public comments aloud into the record: Tim Dorame, San Bernardino, commented in support of voting to keep an elected Mayor position. He urged Council Members to vote in favor of the charter amendment. After this comment, Council Member Alexander added that he would like to notify the residents that San Bernardino had received a Beautification Grant for the 4th Street Alley, and thanked Senior Management Analyst Arlington Rodgers for writing the grant and getting it approved. At this time, City Clerk Rocha notified the Mayor and City Council that there was one additional public speaker. Ron Donis, Ward 1 Resident, asked that the Oxbow project be brought back on to the agenda for reconsideration. He also stated that the Parks and Recreation budget should be increased. APPOINTMENTS 1. Charter Review Committee Appointment (Mayor Appointment) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Mayor’s appointment of Ms. Sean Kelley to the Charter Review Committee. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF MS. SEAN KELLEY TO THE CHARTER REVIEW COMMITTEE [UNANIMOUS] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Ms. Kelley was not present at the meeting to receive the appointment and Oath of Office. DISCUSSION 2. Fiscal Year 2021/22 Mid-Year Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, Regular Meeting Agenda March 2, 2022 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/5/2022 California: 1. Receive and File the Fiscal Year 2021/22 Mid-Year Budget Report; and 2. Adopt Resolution No. 2022-54 Authorizing the City Manager to Amend the Fiscal Year 2021/22 General Fund Operating Budget by $4,824,732 as outlined in the Fiscal Year 2021/22 Mid-Year Budget Report. City Manager Field announced that a Mayor and City Council Budget Workshop would be held later in the month and introduced Budget Division Manager Tanya Williams. Ms. Williams presented the Fiscal Year 2021/22 Mid-Year Budget Report. Finance Department Director Barbara Whitehorn continued the presentation with several mid-year budget amendments, including increased staffing and operational and capital expenses. The Mayor and City Council members asked questions regarding street maintenance and other pending projects in the city. RESULT: RECEIVED AND FILED THE MID-YEAR BUDGET REPORT AND ADOPTED RESOLUTION NO. 2022-54 [UNANIMOUS] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander PUBLIC HEARINGS 3. Resolution Approving Street Vacation of a Portion of H Street (Ward 1) Recommendation Adopt Resolution 2022-40 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of H Street west of 2nd Street and reservation of utilities therein. The public hearing was opened at 9:20 p.m. Acting Public Works Director Alex Qishta presented a staff report on this item. City Clerk Rocha announced there were no requests to speak or written communications received for this item. The public hearing was closed at 9:24 p.m. Regular Meeting Agenda March 2, 2022 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-40 [UNANIMOUS] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 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 WITH ITEM NOS. 15 & 16 BEING PULLED FOR DISCUSSION [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 4. Veterinary Supplies for Animal Services (All Wards) Recommendation Adopt Resolution No. 2022-41 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Goods Purchase Agreement and authorizing the Director of Finance to issue a purchase order to Victor Medical Company in an amount not to exceed $150,000 annually to purchase veterinary supplies and medications for animals impounded at the shelter. RESULT: ADOPTED RESOLUTION NO. 2022-41 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 5. 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 February 2022. RESULT: APPROVED COMMERCIAL AND PAYROLL DISBURSEMENTS FOR FEBRUARY 2022 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 6. Side Letter Agreement Between the City and the San Bernardino Police Officers Association (All Wards) Recommendation Adopt Resolution No. 2022-43 of the Mayor and City Council of the City of San Regular Meeting Agenda March 2, 2022 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/5/2022 Bernardino, California, approving a Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), amending Article III, Section 6©; and amending Resolution Nos. 2018-287 and 2020-132. RESULT: ADOPTED RESOLUTION NO. 2022-43 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 7. Resolution Requesting Authorization to Move Spectrum to 10GB Speed (All Wards) Recommendation Adopt Resolution No. 2022-44 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Enterprise Service Agreement with Spectrum increasing the internet speed from 1GB to 10GB for both City Hall and the Police Department, in an amount not to exceed $7,480 per month total. RESULT: ADOPTED RESOLUTION NO. 2022-44 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 8. Annual Renewal of the City’s Property Insurance for Fiscal Year 2022/23 Recommendation Adopt Resolution No. 2022-42 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,601,000 for the term beginning April 1, 2022 and ending March 31, 2023; and authorizing the City Manager to execute all related documentation. RESULT: ADOPTED RESOLUTION NO. 2022-42 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 9. Accept the FY 2021-22 California Library Literacy Services Grant (All Wards) Recommendation Adopt Resolution 2022-45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library’s California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding. Regular Meeting Agenda March 2, 2022 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-45 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 10. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 12, Tax Zone No. 13 (Taco Bell) (Ward 3) Recommendation Adopt Resolution No. 2022-46 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 12) and authorizing the levy of a special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2022-46 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 11. Public Works Equipment Purchase – Avant Compact Wheel Loader and Collecting Brush (All Wards) Recommendation Approve Resolution No. 2022-47 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Volvo Construction Equipment and Services for the purchase of one new Avant Compact Wheel Loader and Collecting Broom Attachment in an amount not to exceed $127,000. RESULT: APPROVED RESOLUTION NO. 2022-47 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. Dement Street Relinquishment by the State of California (Ward 5) Recommendation Adopt Resolution No. 2022-48 of the Mayor and City Council of the City of San Bernardino, California, accepting title control and maintenance to a reconstructed portion of Dement Street upon relinquishment by the State of California and receipt of written notice from the State that the work thereon has been completed. Regular Meeting Agenda March 2, 2022 Mayor and City Council of the City of San Bernardino Page 9 Printed 4/5/2022 RESULT: APPROVED RESOLUTION NO. 2022-48 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 13. Annual Purchase Order for Fairview Ford (All Wards) Recommendation Adopt Resolution No. 2022-49 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Agreement with Fairview Ford and issue an Annual Purchase Order to Fairview Ford for the purpose of supplying Ford parts, service and body repairs in an amount not to exceed $230,000 on an annual basis with four single year renewal options to the Public Works Department, Fleet Division for the maintenance of City owned vehicles and equipment. RESULT: APPROVED RESOLUTION NO. 2022-49 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 14. Award of a Professional Services Agreement for Construction Management and Inspection Services for Upgrades to Various Traffic Signal Hardware (All Wards) Recommendation Adopt Resolution No. 2022-50 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with nswer Advisory in an amount not to exceed $280,000 for construction management and inspection services for upgrades to various traffic signal hardware at 224 signalized intersections (Project). RESULT: ADOPTED RESOLUTION NO. 2022-50 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 15. Resolution Declaring Intent to Annex Territory CFD No. 2019-1 Annexation No. 15 – 5TH & G Street (Ward 1) Recommendation Adopt Resolution No. 2022-51 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 15) and authorizing the levy of a special taxes therein. Regular Meeting Agenda March 2, 2022 Mayor and City Council of the City of San Bernardino Page 10 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-51 [UNANIMOUS] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 16. Rejecting Construction Bids for Connector Pipe Screen (CPS) & Automatic Retractable Screen (ARS) TMDL’S- Track 1 (All Wards) Recommendation Adopt Resolution No. 2022-52 of the Mayor and City Council of the City of San Bernardino, California, rejecting Construction Bids for Connector Pipe Screen (CPS) & Automatic Retractable Screen (ARS) TMDL’S- Track 1. RESULT: ADOPTED RESOLUTION NO. 2022-52 [UNANIMOUS] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 17. Authorizing the Execution of Third Amendment to Regulatory Agreement Recommendation Adopt Resolution No. 2022-53 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the execution of the Third Amendment to Regulatory Agreement and Declaration of Restrictive Covenants (“Amended Regulatory Agreement”) for Tuscany Apartments (formerly Silverwood Park Apartments) between CF Tuscany 2014, L.P. and the City of San Bernardino, extending the period of affordability for 66 units; and 2. Authorizing the City Manager or designee to execute the agreement. RESULT: ADOPTED RESOLUTION NO. 2022-53 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 18. Reconsider the Removal of the Oxbow Cement Pile (Ward 5) (Council Member Reynoso) Regular Meeting Agenda March 2, 2022 Mayor and City Council of the City of San Bernardino Page 11 Printed 4/5/2022 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [CARRIED 4-3] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Ibarra, Reynoso, Calvin, Alexander NOES: Sanchez, Figueroa, Shorett After the vote was announced, Mayor Valdivia asked City Manager Field if there was any new information to provide regarding this issue. Mr. Field stated that there is now a new property owner who is more apt to participate in a solution for the concrete pile. Mayor Valdivia then asked what the timeframe is for bringing the item for consideration. Mr. Field stated that staff would strive to bring the item back at the first meeting in April. ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 9:33 p.m. on March 2, 2022. 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 16, 2022, at the Feldheym Central Library located at 555 W. 6th St., San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC