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HomeMy WebLinkAboutAnnotated Agenda 04-19-2023CITY 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, APRIL 19, 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 Charles E. McNeely COUNCIL MEMBER, WARD 2 Interim 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, APRIL 19, 2023 5:30 PM The Regular Meeting-Closed Session 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, April 19, 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 Absent Juan Figueroa Mayor Pro-Tem, 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 Helen Tran Mayor Present Charles McNeely Interim City Manager Present Sonia Carvalho 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 April 19, 2023 Mayor and City Council of the City of San Bernardino Page 2 CLOSED SESSION 5:30 PM CLOSED SESSION PUBLIC COMMENT There were public comments provided by two speakers, Paula Plunk and an unknown Zoom speaker. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562 ii. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538 iii. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 iv. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVSB2025375 v. Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900 vi. Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802; 4th District Court of Appeal Court Case No. E078346; and 4th District Court of Appeal Case No. D080378 vii. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209 viii. Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620 ix. Steve Desrochers v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ13403664; ADJ9986948; ADJ7808777; ADJ8412423; ADJ2593098; and ADJ4644505 B) CONFERENCE WITH LEGAL COUNSEL ­ ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: Carousel Mall Property, 43 acres Agency Negotiator: Charles McNeely, Interim City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation: Price and Terms Regular Meeting Annotated Agenda April 19, 2023 Mayor and City Council of the City of San Bernardino Page 3 7:00 PM The Regular Meeting-Open Session of the Mayor and City Council of the City of San Bernardino was called to order at 7:04 PM by Mayor Helen Tran on Wednesday, April 19, 2023, at Feldheym Central Library, San Bernardino, CA. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Damon Alexander led the Invocation and Girl Scouts Troop #1419 led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that there were three items on the agenda for closed session. Item ‘A’ was discussed and following the regular session the Mayor and City Council would return to closed session at the conclusion of the open session to discuss the remaining two items. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. There were twenty-six public speakers. CITY MANAGER UPDATE At this time, Jeff Kraus, Public Information Officer 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. Council Member Alexander, Council Member Calvin, and Mayor Tran attended the League of California Cities - City Leader Summit April 12th -13th. PRESENTATIONS 1. Recognizing and Honoring Arbor Day – April 28, 2023 (All Wards) Mayor Tran presented a Proclamation to Public Works staff for Arbor Day. 2. Proclamation for National Library Week in the City of San Bernardino – April 23rd to 29th, 2023 (All Wards) Mayor Tran presented a Proclamation to the Library Director for National Library Week. 3. Proclamation for Volunteer Appreciation Month in the City of San Bernardino – April 2023 (All Wards) Mayor Tran presented a Proclamation to Parks and Recreation staff for Volunteer Appreciation Month. Regular Meeting Annotated Agenda April 19, 2023 Mayor and City Council of the City of San Bernardino Page 4 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 NO. 8 FOR A SEPARATE VOTE [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 4. City Board, Commission, and Citizen Advisory Committee Minutes Approved in January/February/March 2023 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in January, February, and March 2023. RESULT: APPROVED [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 5. Approve a technical correction to increase the Council approved Purchase Order to NightOps Tactical by $29,529, for a total of $367,152, the cost of which is covered by Justice Assistance Grant (JAG) funds. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager to execute amendment No. 1 to the purchase agreement with NightOps Tactical Incorporated, and 2. The Agency Director of Administrative Services to increase the Council approved Purchase Order to NightOps Tactical by $29,529, to $367,152. RESULT: APPROVED (6­0) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra Regular Meeting Annotated Agenda April 19, 2023 Mayor and City Council of the City of San Bernardino Page 5 6. Updating Assessment Engineer's Reports – Previously Formed Landscape and Lighting Maintenance Districts (All Wards) Recommendation: It is recommended that the Mayor and City Council adopt Resolution No. 2023-055, initiating proceedings to levy and collect assessments for FY 2023/24 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer’s Report. RESULT: APPROVED (6­0) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 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 March 2023. RESULT: APPROVED [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 8. Amendment to Professional Services Agreements for Legal Services (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: 1. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538; 2. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Matthew Brown v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2025900; 3. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Don Smith v. John Valdivia, City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDSB2025375; 4. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Jackie Regular Meeting Annotated Agenda April 19, 2023 Mayor and City Council of the City of San Bernardino Page 6 Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562; 5. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926; 6. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209; 7. Fourth Amendment to the Professional Services Agreement with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino et al., San Bernardino Superior Court Case No. CIVDS2003802. RESULT: APPROVED [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 9. Accept the BSCC Officer Wellness and Mental Health Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-056 authorizing: 1. The City Manager to accept the Board of State and Community Corrections (BSCC) Officer Wellness Grant. 2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating$172,010.25 in both revenue and expenditures. RESULT: APPROVED [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra DISCUSSION 10. City Manager Executive Recruitment Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or his designee to execute a Professional Services Agreement with Gallagher Benefit Services, Inc., for the executive recruitment services for the position of City Manager. Regular Meeting Annotated Agenda April 19, 2023 Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 11. Ratify Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the Memorandum of Understanding for the Temporary License between the City of San Bernardino and the San Bernardino City Unified School District for use of property on Fairfax Elementary School. RESULT: APPROVED [6­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 12. Consider Removal of Oxbow Cement Pile (Ward 5) Council Member Reynoso The item was rescinded by Council Member Reynoso, no vote was taken. 13. Volunteer and Interns for Elected Officials (All Wards) – Council Member Alexander RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 14. Mechanisms to require developers to maintain their properties in a nuisance­free condition following receipt of entitlements/approvals including, for example, requiring fencing of sites and requiring demolition of structures within a certain period of time following approval. (All Wards) – Council Member Figueroa Regular Meeting Annotated Agenda April 19, 2023 Mayor and City Council of the City of San Bernardino Page 8 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra At the conclusion of open session items at 9:26 p.m., the Mayor and City Council returned to closed session to discuss the two remaining closed session items. CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that there was no reportable action from closed session. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, April 19, 2023, at 10:39 p.m. In memory of Ernie Garcia. 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 3, 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