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HomeMy WebLinkAboutAnnotated Agenda 10-04-2023CITY 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, OCTOBER 4, 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, OCTOBER 4, 2023 5:30 PM Closed Session was called to order at 5:32 PM by Mayor Pro Tem Fred Shorett on Wednesday, October 4, 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 5:35 p.m. 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 5:42 p.m. Helen Tran Mayor Absent Charles E. McNeely Interim City Manager Present Sonia Carvalho City Attorney Present Telicia Lopez Chief Deputy 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 October 4, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT There were five speakers for public comments. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) AND (D)(1): i. City of San Bernardino v. Fox Property Holdings LLC, et al. San Bernardino Superior Court Case No. CIVSB2218532 ii. Blanca Gamez v. Jonathan Plummer, et al., San Bernardino Superior Court Case No. CIVSB21115842 2. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) i. City Manager 7:00 PM The Regular Meeting was called to order at 7:12 PM by Mayor Pro Tem Fred Shorett on Wednesday, October 4, 2023, at Feldheym Central Library, San Bernardino, CA. INVOCATION AND PLEDGE OF ALLEGIANCE Dr. Joshua Beckley from Ecclesia Christian Fellowship led the Invocation and Joshua Almaraz Miranda from Belvedere Elementary School led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that there was no reportable action from Closed Session. PRESENTATIONS 1. October 2023 Citizen of the Month – Manal Iskander, Greenshack – 2nd Ward 2. October 2023 Citizen of the Month – George’s Burgers – 2nd Ward 3. October 2023 Citizen of the Month – Meiga Sushi – 2nd Ward 4. October 2023 Citizen of the Month – Omar Aguirre, Tacos Arandas – 2nd Ward 5. October 2023 Citizen of the Month – Miyagi Sushi – 2nd Ward Councilmember Ibarra presented certificates for Citizen of the Month to Manal Iskander, Nick Kritikos, Maizi Ying, Omar Aguirre, Myagi Sushi was not present. 6. Presentation of the City of San Bernardino Summer 2023 Youth Basketball All Star Participants Lydie Gutfeld, Director of Parks and Recreation introduced Cisco Ramirez, Youth Sports Coordinator to provide a presentation for the certificate recipients. Regular Meeting Annotated Agenda October 4, 2023 Mayor and City Council of the City of San Bernardino Page 3 7. Recognition of Cal State San Bernardino University Baseball and Coach Mike Nadeau on his accomplishment in leading the team to its first National Collegiate Athletic Association run and being named Coach of the Year Lydie Gutfeld, Director of Parks and Recreation gave a presentation and presented the Certificate of Recognition to Coach Rene on behalf of Mike Nadeau. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. Mayor Pro Tem Shorett paused Public Comments at 8:00 p.m. to move on to the Public Hearing, item No. 24. PUBLIC HEARING 24. Approval of the Draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing on the draft Fiscal Year 2022-2023 Consolidated Annual Performance and Evaluation Report (FY22-23 CAPER); and 2. Authorize its submission to the United States Department of Housing and Urban Development. Mayor Pro Tem Shorett opened the public hearing at 8:00 p.m. A presentation was provided by Interim Agency Director of Community and Economic Development and Housing, Mary Lanier. There were no public speakers for this hearing. The public hearing was closed at 8:03 p.m. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. Mayor Pro Tem Shorett resumed public comments at the conclusion of the Public Hearing. Regular Meeting Annotated Agenda October 4, 2023 Mayor and City Council of the City of San Bernardino Page 4 CITY MANAGER UPDATE Jeff Kraus, Public Information Officer provided city wide updates. 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 [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 8. Adoption of the Strategic Initiatives (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-144: a) Approving and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget totaling $6,636,293 with $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve appropriations, and $1,700,000 in General Fund Capital Contingency Reserve appropriations; and b) Approving the allocation of $2,000,000 beginning FY 2026/27 to sustain homelessness-related services; and c) Approving the creation of the Economic Development Department; and d) Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted and the retitling of the Agency Directors. 2. Approve prioritizing the ADA Master Plan (future phases), Storm Drain Master Plan, and Facility/Building Management Master Plan as part of the biennial budget process; and 3. Direct staff to bring back Strategic Initiatives that require further Council review and approval. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Annotated Agenda October 4, 2023 Mayor and City Council of the City of San Bernardino Page 5 9. Adoption of Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: adopt Ordinance No. MC-1619 Amending Chapter 15.27 of the San Bernardino Municipal Code, Regarding Rental Housing Program Maintenance Standards. Interim Director of Community and Economic Development Mary Lanier announced that an administrative correction was needed to the ordinance, to include multifamily rental in the title. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 10. Settlement Agreement of Escrow Account Funds with Los Angeles Engineering Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California: 1. Approve the Settlement Agreement of Escrow Account Funds jointly held with Los Angeles Engineering, a California Corporation; and 2. Authorize the City Manager, or designee, to execute the Settlement Agreement, receive the funds, and close the escrow account. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 11. City Board, Commission, and Citizen Advisory Committee Minutes Approved in August and September 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 August and September 2023. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Annotated Agenda October 4, 2023 Mayor and City Council of the City of San Bernardino Page 6 12. Senior Human Resources/Risk Analyst Classification Title Change Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2023-147: 1. Updating the Senior Human Resources/Risk Analyst classification title to Supervising Human Resources Analyst; and 2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 13. Library Literacy Program Grant Funding (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-148 approving: 1. Accepting grant funding in the amounts of $99,287 from the California Department of Education; $60,719 for Adult Literacy Services, $20,615 for Family Literacy Services and $43,642 for English as a Second Language from the California State Library for Literacy Program services 2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 budget for the Literacy Program, which includes: appropriating $43,642 in both revenues and expenditures for the English as a Second Language Program and adjusting the grant fund budgets for the California Department of Education, Adult Literacy Services, and Family Literacy Services grants to account for any differences in the estimated grant funding versus the actual grant funds received. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Annotated Agenda October 4, 2023 Mayor and City Council of the City of San Bernardino Page 7 14. Library Revenue and Expense Budget (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-149 approving: 1. Accepting funding of $10,400.00 from the Inland Library System, $215.85 from the New Hope Missionary Baptist Church and $163.00 from San Bernardino Emblem Club No. 178. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget for the Library including $10,778.85 in both revenues and expenditures. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 15. Older Californians Nutrition Program Grant Award FY 2023/24 and Related Purchase Orders Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-150 authorizing: 1. City Manager or designee to accept the San Bernardino County Department of Aging and Adult Services – Public Guardian Grant Award in the amount of $376,667; 2. Agency Director of Administrative Services, or designee, to appropriate the grant funds to the FY 23/24 operating budget; 3. Agency Director of Administrative Services, or designee, to approve purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2023, through June 30, 2024 as follows: Sysco Foods: $183,500 Hollandia Dairy: $23,500 Consulting Health Nutrition Services, Inc.: $17,000 4. Agency Director of Administrative Services, or designee, to amend the operating budget for Senior Nutrition to $105,000, including an additional $20,000 to ensure the needs of the program are met. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Annotated Agenda October 4, 2023 Mayor and City Council of the City of San Bernardino Page 8 16. 2023/2024 Senior Companion Program (SCP) – 3rd Year of a 3-Year Grant Award (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-151, 1. Accepting the Senior Companion Program grant award in the amount of $332,662, and 2. Authorizing the Agency Director of Administrative Services, or designee, to appropriate the grant funds for the period of July 1, 2023, through June 30, 2024. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 17. Accept 2022 Urban Areas Security Initiative (UASI) Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-152 authorizing: 1. The City Manager to accept the FY2022 Urban Areas Security Initiative Grant funds; and 2. The Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget by $100,000 in both revenue and expenditures. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 18. Accept California Office of Traffic Safety Grant Award (24-004883) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-153 authorizing: 1. The City Manager to accept and administer the FY 2023/24 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and 2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $567,000 in both revenue and expenditures. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Annotated Agenda October 4, 2023 Mayor and City Council of the City of San Bernardino Page 9 19. Acceptance of FY 2023 Edward Byrne Justice Assistance Grant Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-154, authorizing: 1. The City Manager to accept the 2023 Edward Byrne Justice Assistance Grant; and 2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget by $230,081 in both revenue and expenditures. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 20. Five-Year Capital Improvement Plan FY 2023/24 to FY 2027/28 for Measure I Local Expenditures (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-155 approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2023/24 through Fiscal Year 2027/28 and Measure I Expenditure Strategy. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 21. Contract Change Order Approval – 5th Street Senior Center Kitchen Improvements (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-156: 1. Authorizing the Agency Director of Administrative Services to record a budget amendment from Measure S Fund balance to allocate an additional $69,183.27 to fund the required change order to complete the 5th Street Senior Center Kitchen Improvements (“Project”); and 2. Approving the Construction Contract Change Order with Preferred General Services in the amount of $500,846.50 to provide improvements to the 5th Street Senior Center Kitchen; and 3. Authorizing the project construction and construction contingencies in the total amount of $520,573.30 for the 5th Street Senior Kitchen Improvements; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Regular Meeting Annotated Agenda October 4, 2023 Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 22. Adoption of Ordinance No. MC-1621 to Grant a Franchise to Southern California Gas Company Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1621, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes under, along, across or upon the public streets, ways, alleys, and places, as the same now or may hereafter exist, within said municipality. RESULT: APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander DISCUSSION 23. Discussion of Crushing and Grinding Operations in the City, the Repeal of Resolution 2020-265, and a Development Code Amendment Updating Temporary Use Permits Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Discuss the repeal of Resolution No. 2020 - 265; 2. Discuss Development Code Amendment to Section 19.70.035 (B) (Development and Operational Standards for Temporary Use Permits – On-site and Off-site Contractor’s Construction Yards); and 3. Provide additional direction to staff regarding the topics discussed. Regular Meeting Annotated Agenda October 4, 2023 Mayor and City Council of the City of San Bernardino Page 11 RESULT: DIRECTED STAFF TO BRING BACK A RESOLUTION TO REPEAL RESOLUTION NO. 2020-265 AND ISSUE A WRITTEN NOTICE TO THE PLANNING COMMISSION, TO RENDER WITHIN 40 DAYS A REPORT ON CRUSHING RESTRICTION OF UNFINISHED MATERIALS WITHIN 1,000 FEET OF RESIDENTIALLY ZONED PROPERTY. STAFF WILL PROVIDE A PRESENTATION FROM A THIRD PARTY SUBJECT MATTER EXPERTS ON CRUSHING AND GRINDING APPROVED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander PUBLIC HEARING Mayor Pro Tem Shorett re-ordered the agenda at 8:00 p.m., proceeding with the Public Hearing – Item No. 24 on the agenda. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, October 4, 2023, at 10:23 p.m. The next meeting of the Mayor and City Council will adjourn to a Special Closed Session to be held on Friday, October 18, 2023, in the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m. Telicia Lopez Telicia Lopez, CMC, Chief Deputy City Clerk