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HomeMy WebLinkAboutAnnotated Agenda 06-07-2023CITY 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, JUNE 7, 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, JUNE 7, 2023 5:30 PM The Regular Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:33 PM by Mayor Helen Tran on Wednesday, June 7, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:37 p.m. Sandra Ibarra Council Member, Ward 2 Present 5:42 p.m. 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 Absent Helen Tran Mayor Present Charles E. 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 June 07, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT At this time, public comments were heard. There was one request to speak by Treasure Ortiz. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i) Jose Garibo, individually v. City of San Bernardino, et al., United States District Court Case No. 5:22-cv-00935SSS(SHKx) ii) Michael Pacewiczh v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ13363900; ADJ2371411; ADJ1672800; and ADJ11174282 B. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager The Mayor and City Council convened into Closed Session at 5:37 p.m. The Regular Open Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:02 PM by Mayor Helen Tran on Wednesday, June 7, 2023, at Feldheym Central Library, San Bernardino, CA. 7:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Joshua Beckley of Ecclesia Christian Fellowship led the Invocation and Donavin Turner, son of city employee Courtney Bowen, Deputy City Clerk led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there were three closed session items discussed. There was reportable action on Item No. A(1) Jose Garibo, vs. City of San Bernardino. The City Council voted unanimously to approve a mediated settlement in the amount of $495,000.00. PRESENTATIONS 1. Proclamation of the for Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month in the City of San Bernardino – June 2023 (All Wards) Mayor Tran presented the Proclamation to Rainbow Pride Youth Alliance. Regular Meeting Annotated Agenda June 07, 2023 Mayor and City Council of the City of San Bernardino Page 3 2. Proclamation for Fatherhood Awareness Month in the City of San Bernardino – June 2023 (All Wards) Mayor Tran presented the Proclamation to Ryan Berryman of San Bernardino Fatherhood. 3. Proclamation of National Law Enforcement Week in the City of San Bernardino – June 12th–16th 2023 (All Wards) Mayor Tran presented the Proclamation to Ricardo Tomboc of the San Bernardino Area Chamber of Commerce. 4. Presentation of California Parks and Recreation Society, Community Champion Award to Youth Sports program volunteer Konstance Murrell. The award was not presented at the Mayor and City Council meeting and was provided to the recipient at a later date. APPOINTMENTS There was one ADA public comment submitted for appointments, which was read by City Clerk Rocha. 5. Water Board Reappointment of Thomas M. Brickley RESULT: APPROVED [6­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, ABSENT: Damon Alexander 6. Charter Review Appointment of Leticia O. Briggs (Mayor’s Appointment) RESULT: APPROVED [6­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, ABSENT: Damon Alexander 7. Downtown Advisory Committee Appointment of Reginald L. Woods (Mayor’s Appointment) RESULT: APPROVED [6­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, ABSENT: Damon Alexander Regular Meeting Annotated Agenda June 07, 2023 Mayor and City Council of the City of San Bernardino Page 4 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. Mayor Tran re-ordered the agenda at 8:00 p.m., pausing Public Comments and proceeding with the Public Hearings – Item No. 18, Item No. 19, and Item No. 20 on the agenda. PUBLIC HEARINGS Mayor Tran paused Public Comments to hold the Public Hearings. Councilmember Calvin recused herself from Item. No. 18 and Item No. 19 due to bias and speaking against these projects. 18. Appeal 23­01 of Conditional Use Permit 21­18 and Public Convenience or Necessity Letter 21­07 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone (Attachment 1). Mayor Tran opened the public hearing at 8:03 p.m. City Clerk Rocha swore-in the appellant and speakers. Assistant City Planner Mike Rosales gave a presentation to the City Council. In accordance with the requirements of a Quasi-Judicial hearing the appellant was given 15 minutes to speak and a five-minute rebuttal. There were five public comments provided. The public hearing was closed at 8:41 p.m. RESULT: ADOPTED RESOLUTION NO. 2023­060 DENYING THE APPEAL [3­2] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Ibarra, Figueroa, Reynoso NOES: Theodore Sanchez, Fred Shorett RECUSED: Kimberly Calvin ABSENT: Damon Alexander Regular Meeting Annotated Agenda June 07, 2023 Mayor and City Council of the City of San Bernardino Page 5 19. Appeal 23­02 for Conditional Use Permit 22­13 and Minor Exception 22­04 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-061, denying Appeal 23-02 thereby upholding Planning Commission’s denial of Conditional Use Permit 22-13 and Minor Exception 22-04 to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W. Highland Avenue (APN(s): 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone (Attachment 1); Or 2. Adopt Resolution No. 2023-079 of the Mayor and City Council of the City of San Bernardino, California, granting Appeal 23-02 of the Planning Commission’s denial, thereby approving Conditional Use Permit 22-12 and Minor Exception 22-04 to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty (33) feet located at 1534 W. Highland Avenue (APN(s): 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone; and finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 7). Mayor Tran opened the public hearing at 8:57 p.m. City Clerk Rocha swore-in the appellant and speakers. Assistant City Planner Elizabeth Mora-Rodriguez gave a presentation to the Mayor and City Council. In accordance with the requirements of a Quasi-Judicial hearing the appellant was given 15 minutes to speak and a five-minute rebuttal. There were ten public comments provided. The public hearing was closed at 8:56 p.m. RESULT: ADOPTED RESOLUTION NO. 2023­079 GRANTING THE APPEAL [4­1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett NOES: Ben Reynoso RECUSED: Kimberly Calvin ABSENT: Damon Alexander Regular Meeting Annotated Agenda June 07, 2023 Mayor and City Council of the City of San Bernardino Page 6 20. Presentation of the Proposed Fiscal Year 2023­24 Operating Budget and Capital Improvement Plan (All Wards) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California: 1. Conduct the Public Hearing on the proposed Fiscal Year 2023-24 Operating Budget and Capital Improvement Plan; 2. Receive and file the proposed budget for Fiscal Year 2023-24 Operating and Capital Improvement Plan presentation and provide direction to staff. Mayor Tran opened the public hearing at 9:51 p.m. Mayor Tran called a ten-minute recess prior to the start of the staff presentation. Agency Director of Administrative Services Barbara Whitehorn and Budget Manager Zuyva Ruiz gave a presentation to the City Council. There were two public comments provided. The public hearing was closed 11:12 p.m. ITEM NO. 20 WAS A RECEIVE AND FILE ITEM – DIRECTION WAS PROVIDED TO STAFF TO BRING BACK AT THE NEXT BUDGET DISCUSSION A PLAN TO RESERVE TWELVE MILLION DOLLARS OF THE STRATEGIC INITIATIVE RESERVE AND THE CAPITAL CONTINGENCY RESERVE FOR CAPITAL IMPROVEMENT PROJECTS; PROVIDE A REASSESSED STREET REHABILITATION PROGRAM AND PROPOSALS ON HOW TO USE THE FUNDING. IN ADDITION, STAFF WAS DIRECTED TO OUTLINE A PLAN ON INCREASING STAFFING FOR COMMUNITY AND ECONOMIC DEVELOPMENT AND PUBLIC WORKS TO AN OPTIMAL LEVEL AND ALLOW COUNCIL TO RESERVE SUFFICIENT FUNDING FOR THOSE STAFFING NEEDS. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Public Comments were continued at the conclusion of Public Hearing Item No. 20. CITY MANAGER UPDATE At this time, Jeff Kraus - Public Information Officer provided city-wide updates. Regular Meeting Annotated Agenda June 07, 2023 Mayor and City Council of the City of San Bernardino Page 7 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 [5­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Sandra Ibarra, Damon Alexander Council Member Ibarra left the dais and was not present for the vote taken on the Consent Calendar. 8. Resolution Accepting the California Energy Commission ­ Automated Permit Processing Program Grant Award Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2023-077: 1. Accepting grant award funds in the amount of $100,000 from the California Energy Commission – California Automated Permit Processing Program for establishing an online, automated solar permitting platform; and 2. Authorizing the City Manager to conduct all negotiations, signing, and submittals of all necessary documents to receive the grant award; and 3. Authorizing the Agency Director of Administrative Services to amend the FY2022/23 operating budget to appropriate $100,000 in grant funding to both revenues and expenditures. RESULT: APPROVED [5­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Sandra Ibarra, Damon Alexander 9. Approval of Amendment No. 1 to Professional Services Agreement for Accounting Consultant Services with Annie Clark (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Annie Clark for accounting consultation services extending the agreement to June 30, 2024. RESULT: APPROVED [5­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Sandra Ibarra, Damon Alexander Regular Meeting Annotated Agenda June 07, 2023 Mayor and City Council of the City of San Bernardino Page 8 10. City Board, Commission, and Citizen Advisory Committee Minutes Approved in March/April 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 March and April 2023. RESULT: APPROVED [5­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Sandra Ibarra, Damon Alexander 11. 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 May 2023. RESULT: APPROVED [5­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Sandra Ibarra, Damon Alexander 12. Annual Renewal of the City’s Risk Management and Property Insurance Policies for FY 2023/24 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the annual renewal of the City’s property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and 2. Authorize the City Manager to execute all related documentation. RESULT: APPROVED [5­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Sandra Ibarra, Damon Alexander Regular Meeting Annotated Agenda June 07, 2023 Mayor and City Council of the City of San Bernardino Page 9 13. Amendment No. 1 to Agreement with IDS Group, Inc. (Wards 4,7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with IDS Group, Inc., for the design of the Newmark Ball Field and Speicher Multipurpose Field Lighting, extending the agreement until May 17, 2024. RESULT: APPROVED [5­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Sandra Ibarra, Damon Alexander 14. Amendment No. 1 to Professional Services Agreements for On­Call Pre­Qualified Engineering Services to 23 Firms and Amendment No 2. Professional Services Agreements for On­Call Pre­Qualified Engineering Services to 1 Firm (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Approve Amendment No. 1 to Professional Services Agreements (PSA) for On-Call Pre- Qualified Engineering Services to 23 Firms; and Amendment No. 2 to Professional Services Agreements (PSA) for On-Call Pre-Qualified Engineering Services to 1 Firm. RESULT: APPROVED [5­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Sandra Ibarra, Damon Alexander DISCUSSION 15. City Clerk’s Office System Implementation Updates Recommendation: Receive and file an update on implementing the Public Records Request Management System (PRRMS) through NextRequest, and Municipal Code Web Hosting and Codification through American Legal Publishing. ITEM NO. 15 WAS A RECIVE AND FILE ITEM – NO ACTION WAS TAKEN Regular Meeting Annotated Agenda June 07, 2023 Mayor and City Council of the City of San Bernardino Page 10 16. Discussion on Tenant Protection Options to Protect City Residents Facing Housing Instability. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution 2023-078 Approving a Legal Aid Tenant Protection Pilot Program, and 2. Provide Staff Direction to Continue or Discontinue Further Studies Needed to Develop and Implement a Residential Rent Stabilization Ordinance and Rent Registry RESULT: DENIED [3­2] MOVER: Theodore Sanchez, Council Member, Ward1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett NOES: Ben Reynoso, Kimberly Calvin ABSENT: Sandra Ibarra, Damon Alexander 17. American Rescue Plan Act­Funded Entrepreneurial Development Services and Resource Center Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve a reallocation of $1,000,000.00 of American Rescue Plan Act (“ARPA”) funds from the Small Business Education and Training Resources allocation to the Entrepreneurial Development Services and Resource Center (the “ERC,” also known as the Aspen Institute Initiative) for a total of $2,000,000 allocated to the ERC. 2. Authorize the Interim City Manager, or designee, to take necessary steps to implement and administer the agreement including executing an agreement or Memorandum of Understanding (“MOU”) with the Inland Empire Center for Entrepreneurship in an amount not to exceed $1,873,700.00 through December 31, 2026, and signing subsequent, necessary, and related documents to implement the MOU. RESULT: CONTINUED TO THE CIP WORKSHOP DATE TO BE DETERMINED [5­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra, Damon Alexander MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Regular Meeting Annotated Agenda June 07, 2023 Mayor and City Council of the City of San Bernardino Page 11 ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, June 7, 2023, at 12:23 a.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, June 21, 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