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HomeMy WebLinkAboutAnnotated Agenda 03-15-2023CITY OF SAN BERNARDINO ANNOTATED AGENDA 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, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, MARCH 15, 2023 CLOSED SESSION 5:30 PM 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Edelia Eveland COUNCIL MEMBER, WARD 2 Assistant CITY MANAGER Juan Figueroa Sonia Carvalho Council Member, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha Mayor Pro-Tem, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org ANNOTATED AGENDA 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 15, 2023 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Helen Tran on Wednesday, March 15, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, 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 Helen Tran Mayor Present Edelia Eveland Assistant City Manager Present Thomas Rice Chief Assistant City Attorney Present Genoveva Rocha City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Annotated Agenda March 15, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments or requests to speak. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): 1. City of Arcadia, et al. v. Southern California Edison Corporation, Santa Barbara Superior Court Case No. 20 CV 02026 (B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of litigation (pursuant to Gov. Code Section 54956.9(d)(4)): one case 7:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Jessica C. Alexander of Grace Chapel, Church of living God led the Invocation and Parris Smith Covington from Arrowhead Elementary School led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT Chief Assistant City Attorney Thomas Rice stated that the two items for closed session were discussed. There is reportable action from Item (B) from closed session. There was a motion made by Councilmember Shorett, seconded by Councilmember Sanchez directing staff to initiate litigation against the defendant. The action and the defendant information shall be disclosable once the action is commenced. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. CITY MANAGER UPDATE At this time, Public Information Officer Jeff Kraus provided city-wide updates. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. PRESENTATIONS 1. Proclamation for AmeriCorps Week 2023 – March 2023 (All Wards) Mayor Tran presented the Proclamation to staff members Mitch Assuma, Lakiesha Jackson, Nicoletta Wilson, Oscar Rivas, and Lydie Gutfeld. 2. Proclamation for Women’s History Month – March 2023 (All Wards) Mayor Tran presented the Proclamation for Women’s History Month to Jody Isenberg, Vice President of the League of Women Voters. Regular Meeting Annotated Agenda March 15, 2023 Mayor and City Council of the City of San Bernardino Page 3 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 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 3. Purchase of Dog Kennels for the Animal Shelter (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute the Goods Purchase Agreement with Shor-Line for the purchase of new dog kennels to be installed at the animal shelter. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 4. Irrevocable Agreement to Annex No. 2023­373 (Ward 6) Recommendation: Adopt Resolution No. 2023-042 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at 2971 North Macy Street, San Bernardino, California; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 5. Memorandum of Understanding Between the City of San Bernardino and the San Bernardino Municipal Water District Regarding the Land Designation of 796 E. 6th Street, 3250 Harrison Street, and Glendenning Way Properties (Wards 1 & 7) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-043 of the Mayor and City Council of San Bernardino, California, approving a Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Municipal Water District regarding the land designation of 796 E. 6th Street, 3250 Harrison Street, and Glendenning Way and authorize the Interim City Manager, or his designee, to execute the MOU. Regular Meeting Annotated Agenda March 15, 2023 Mayor and City Council of the City of San Bernardino Page 4 RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 6. Adoption of Ordinance No. MC­1613 (Annexation No. 31) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1613 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED ORDINANCE NO. MC­1613 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 7. 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 2023. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 8. Investment Portfolio Report for January 2023 (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 January 2023. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 9. Resolution No. 2023­044 Authorizing the Recording of a Notice of Cessation of Special Tax Lien for Community Facilities District No. 2022­1 (Highland/Medical) of the City of San Bernardino. (Sixth Ward) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2023-044 of the City Council of the City of San Regular Meeting Annotated Agenda March 15, 2023 Mayor and City Council of the City of San Bernardino Page 5 Bernardino, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, Authorizing the Recording of a Notice of Cessation of Special Tax Lien. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 10. Receive and File San Bernardino Municipal Water Department’s Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2022. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal W ater Department’s audited Annual Comprehensive Financial Report for water and sewer utilities for Fiscal Year ended June 30, 2022. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander PUBLIC HEARING 11. Development Permit Type­P 22­03 (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-045 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type–P 22-03 allowing the conversion of an existing two-story office building, containing approximately 9,988 square feet, into an apartment complex consisting of twelve (12) multiple-family residential units on a project site consisting of three (3) parcels containing a total of approximately 0.68 acres located at 1490 N. D Street (APNs: 0145-181-03, 04, and 13), within the Commercial Office (CO) zone and Adaptive Reuse (AR) Overlay, and finding the project is subject to a Categorical Exemption under the California Environmental Quality Act. Mayor Tran opened the public hearing at 8:44 p.m. Senior Planner Elizabeth Mora-Rodriquez provided a presentation. There were no public speakers for this item. The public hearing was closed at 8:55 p.m. Regular Meeting Annotated Agenda March 15, 2023 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. Public Hearing on Annexation No. 33 to Community Facilities District 2019­1 (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2023-046 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 33); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2023-047 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 33); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1614 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1614 for April 5, 2023. Mayor Tran opened the public hearing at 8:56 p.m. Mayor and City Council did not request the staff presentation. There were no public speakers or requests to speak. There were no protests received. The public hearing was closed at 8:59 p.m. RESULT: ADOPTED RESOLUTION NO. 2023­046 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Annotated Agenda March 15, 2023 Mayor and City Council of the City of San Bernardino Page 7 RESULT: ADOPTED RESOLUTION NO. 2023­047 [6­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Fred Shorett RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC 1614 APPROVED [6­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Fred Shorett 13. Public Hearing on Annexation No. 34 to Community Facilities District 2019­1 (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2023-048 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 34); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2023-049 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 34); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1615 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1615 for April 5, 2023. Mayor Tran opened the public hearing at 9:03 p.m. Mayor and City Council did not request the staff presentation. There were no public speakers or requests to speak. There were no protests received. The public hearing was closed at 9:04 p.m. Regular Meeting Annotated Agenda March 15, 2023 Mayor and City Council of the City of San Bernardino Page 8 RESULT: ADOPTED RESOLUTION NO. 2023­048 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2023­049 [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC 1615 APPROVED [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 14. Substantial Amendment to the Fiscal Year 2021­2022 Annual Action Plan – HOME Investment Partnership American Rescue Plan Program (HOME­ARP) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing of the draft HOME Investment Partnership Allocation Plan; 2. Approve a Substantial Amendment to the Fiscal Year 2021-2022; 3. Approve the HOME Investment Partnership Allocation Plan; and 4. Authorize the Interim City Manager, or his designee, to execute any further documents as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2021-2022 Action Plan. Mayor Tran opened the public hearing at 9:06 p.m. Deputy Director of Housing Cassandra Searcy gave a presentation. There were no public speakers for this item. The public hearing was closed at 9:13 p.m. RESULT: APPROVED [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Annotated Agenda March 15, 2023 Mayor and City Council of the City of San Bernardino Page 9 15. Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Conduct a public hearing to receive public comment on the matter; and Adopt Resolution No 2023-050 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid Business Registration taxes and penalties; and Direct the Agency Director of Administrative Services to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. Mayor Tran opened the public hearing at 9:14 p.m. Business Registration Manager Minerva Berumen provided a presentation. There were two public speakers for this item, Doug Cameron and David McCammack. The public hearing was closed at 9:24 p.m. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander DISCUSSION 16. Adopt Ordinance No. MC­1612 Amending Section 8.24.050 of the Municipal Code (Notification of Administrative Hearing) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Adopt Ordinance No. MC-1612 amending Section 8.24.050 of the San Bernardino Municipal Code regarding notification of administrative hearing decision and final report of delinquent solid waste charges to affected persons. RESULT: ADOPTED ORDINANCE NO. 1612 [6­1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Ben Reynoso ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 17. City Organization Realignment (All Wards) – Council Member Alexander Regular Meeting Annotated Agenda March 15, 2023 Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED FOR DISCUSSION AT A FUTURE MEETING [4­3] MOVER: Kimberly Calvin, Council Member, Ward 6 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Ibarra, Reynoso, Calvin, Alexander NOES: Theodore Sanchez, Juan Figueroa, Fred Shorett ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, March 15, 2023, at 9:35 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, April 5, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC