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Home My WebLink AboutAnnotated Agenda 05-01-2024CITY 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, MAY 1, 2024 CLOSED SESSION 4:00 PM 5:00 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 A. Montoya COUNCIL MEMBER, WARD 2 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, MAY 1, 2024 4:00 PM Closed Session was called to order at 4:06 PM by Mayor Tran on Wednesday, May 1, 2024, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 4:08 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 Absent Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Left 7:58 PM Helen Tran Mayor Present Charles A. Montoya 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 May 1, 2024 Mayor and City Council of the City of San Bernardino Page 2 4:00 PM CLOSED SESSION PUBLIC COMMENT There were no public comments. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subsection (d) of Section 54956.9: one case B) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: City of San Bernardino v. Arrowhead Lodge No. 896, I.B.P.O.E. of W et al., San Bernardino Superior Court Case No. Case No. CIVSB2221041 C) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager (City Manager-Initiated Goal Setting Process) D) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: one case 5:00 P.M. The regular meeting was called to order at 6:23 PM by Mayor Helen Tran on Wednesday, May 1, 2024, at Feldheym Central Library, San Bernardino, CA INVOCATION AND PLEDGE OF ALLEGIANCE Dr. Gwen Dowdy-Rodgers from Church of the Living God led the invocation, and Joselyn Campos from Fairfax Elementary School led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that there were four closed session matters on the agenda. There was reportable action for Item B, an update on the existing litigation , and the City Council gave directions to authorize the filing of a receivership action. Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 3 PUBLIC HEARING 1. Development Code Amendment (Zoning Map Amendment) 2005 and Development Permit TypeD 2003 – Amazing 34 Project Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Resolution No. 2024-078 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Development Permit Type D 20-03 to allow the development and establishment of an industrial warehouse containing approximately 89,475 square feet on a project site comprised of (3) parcels containing s total of approximately 4.02 acres located on the northeast corner of S. Waterman Avenue and E. Central Avenue (Attachment 1); and 2. Introduce for the first reading, Ordinance No. MC-1637 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-05 changing the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately 3.84 acres, pursuant to a Mitigated Negative Declaration (Attachment 4). 3. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on May 15th, 2024. Mayor Tran opened the public hearing at 6:26 p.m. There were three public speakers. The public hearing was closed at 6:45 p.m. RESULT: APPROVED STAFFS RECOMMENDATION AND INTRODUCED FOR FIRST READING MC1637 [42] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Figueroa, Shorett, Alexander, and Mayor Tran NOES: Sanchez, Ibarra, Calvin ABSENT: Ben Reynoso The result was a tie vote, and Mayor Tran was granted a vote to break the tie. Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 4 2. Proposed Fiscal Year 202425 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Fiscal Year 2024-25 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and 2. Consider any necessary changes to the proposed Fiscal Year 2024-25 Annual Action Plan and direct staff to return on May 15, 2024, with the final Annual Action Plan for consideration prior to submittal to the United States Department of Housing and Urban Development. 3. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the submittal of the HUD Fiscal Year 2024-2025 Annual Action Plan and certification to HUD. Mayor Tran opened the public hearing at 7:13 p.m. There were six public speakers. The public hearing was closed at 7:40 p.m. RESULT: APPROVED STAFFS RECOMMENDATION [40] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Calvin ABSENT: Sandra Ibarra, Ben Reynoso, Damon Alexander APPOINTMENTS 3. Planning Commission Appointment of George J. Karaiscos (Ward 7) 4. Parks, Recreation and Community Services Commission Appointment of Lata M. Wilson (Ward 7) There was a consensus of the Mayor and City Council to vote on Item Nos. 3 and 4 in a single vote. No presentation was made for Item Nos. 3 and 4, the appointees were present, and City Clerk Genoveva Rocha administered the Oath of Office. RESULT: APPROVED APPOINTMENT ITEMS NO. 3 & 4 [40] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Calvin ABSENT: Sandra Ibarra, Ben Reynoso, Damon Alexander Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 5 PRESENTATIONS 5. Youth Civic Engagement Council Certificates of Recognition (All Wards) Mayor Tran presented the Certificates of Recognition to Alejandro Uribe and Alexandra Gilbert. Allanhi Chapman and Silvana Vazquez were not in attendance. 6. Proclamation for Water Safety & Drowning Prevention Month in the City of San Bernardino – May 2024 (All Wards) Mayor Tran presented the Proclamation to Michael Schicora and his Aquatics Team. 7. Proclamation for Asian American Native Hawaiian Pacific Islander Heritage (AANHPI) Month in the City of San Bernardino – May 2024 (All Wards) Mayor Tran presented the Proclamation to Ms. Ericka Rios and Ms. Danthu Pham from Belvedere Elementary School. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. 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. 9 FOR DISCUSSION [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander 8. Approval of the Second Amendment to the Professional Services Agreement with Hope the Mission for Homeless Outreach Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino approve the Second Amendment to the Professional Service Agreement with Hope the Mission to extend the term of the agreement by one (1) year to oversee the City’s Homeless Outreach Project. RESULT: APPROVED STAFFS RECOMMENDATION [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 6 9. Final Reading and Adoption of Ordinance No. MC1636 Development Code Amendment 2402 (Emergency Shelter Overlay) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1636, approving Development Code Amendment 24-02 amending the following sections and chapter: 1. Section 19.02.50 (Basic Provisions – Definitions). 2. Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses). 3. Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses) 4. Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and 5. Finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act. Council Member Ibarra pulled this item for discussion. Council Member Sanchez motioned and seconded by Mayor Pro-Tem Shorett, but the motion failed 3-2, with Council Member Ibarra and Council Member Calvin voting in opposition. City Attorney Sonia Carvalho stated that for an adoption of an ordinance, at least four (4) votes are needed from the City Council. City Council Members voted to reconsider bringing the item back. There was a motion by Council Member Sanchez and seconded by Mayor Pro-Tem Shorett. The motion passed 4-1, with Council Member Ibarra voting in opposition. The final result was: RESULT: ADOPTED ORDINANCE MC1636 [41] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Calvin NOES: Sandra Ibarra ABSENT: Ben Reynoso and Damon Alexander Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 7 10. Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians (Ward 4) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-079 of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of two improvements that include an above ground wayfinding sign and a primary directional monument sign located at Victoria Avenue north of Lynwood Drive and southwest of Piedmont Drive, San Bernardino, California. RESULT: ADOPTED RESOLUTION NO. 2024079 [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander 11. Updating Assessment Engineer's Reports Previously Formed Landscape and Lighting Maintenance Districts (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-080 of the Mayor and City Council of the City of San Bernardino, California, initiating the proceedings to levy and collect assessments for FY 2024/25 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer's Report. RESULT: ADOPTED RESOLUTION NO. 2024080 [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 8 12. Resolutions Updating the Bank and Investment Account Signature Authority (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority: 1. 2024-081 – Wells Fargo Bank, City; 2. 2024-082 – Wells Fargo Bank, Successor Agency; 3. 2024-083 – U.S. Bank, City; 4. 2024-084 – U.S. Bank, Successor Agency; 5. 2024-085 – BNY (Bank of New York) Mellon, City; 6. 2024-086 – BNY (Bank of New York) Mellon, Successor Agency; 7. 2024-087 – Citizens Business Bank, Successor Agency; 8. 2024-088 – Local Agency Investment Fund (LAIF), City; and 9. 2024-089 – Authorized Brokers or Dealers for the City and Successor Agency. RESULT: ADOPTED RESOLUTION NOS. 2024080 through 2024089 [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander 13. Receive and File the City’s Annual Comprehensive Financial Report for the Year Ended June 30, 2023 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file City’s Annual Comprehensive Financial Report (ACFR) for the Year Ended June 30, 2023. RESULT: APPROVED STAFFS RECOMMENDATION [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 9 14. 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. 2024-092, authorizing the Director of Finance and Management Services to amend and appropriate $29,786 in grant funding from the California Department of Education in both revenues and expenditures to the Fiscal Year 2023 – 2024 Operating Budget for the Workforce Innovation and Opportunity Act, Title II: Adult Education and Family Literacy Act program. RESULT: APPROVED RESOLUTION NO. 2024092 [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander 15. COPS Grant Application (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Police Department to apply for funding for five police officer positions through the Community Oriented Policing Services (COPS) grant program. RESULT: APPROVED STAFFS RECOMMENDATION [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 10 16. Receive and File San Bernardino Municipal Water Department’s Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for water and sewer utilities for Fiscal Year ended June 30, 2023. RESULT: APPROVED STAFFS RECOMMENDATION [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander 17. Adopt a Resolution Adding Dignity Moves as a Joint Applicant with the City and Lutheran Social Services of Southern California for the Homekey 3.0 Grant Funding Application (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-093 authorizing a joint application to and participation in the Homekey Program with Lutheran Social Services of Southern California and Dignity Moves. RESULT: ADOPTED RESOLUTION NO. 2024093 [50] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin ABSENT: Ben Reynoso and Damon Alexander 18. Peace Officer Housing Incentive Program Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the report and presentation regarding the potential for a Peace Officer Housing Incentive Program for all full-time sworn staff. The item was pulled by staff and will return after review of Council Member recommendations. Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 11 19. Contract Amendment for PlaceWorks for the preparation of the City’s General Plan Update and other related documents (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a contract amendment for PlaceWorks in the amount not to exceed $634,825.09. Gabriel Elliott, Director of Community Development & Housing, announced that the attachments in the staff report contained an incorrect statement. The PowerPoint and contract amendment should state that the dollar amount shall be increased by $634,821.09. At this time, there was a discussion to extend the meeting. City Attorney Sonia Carvalho announced the meeting rules and the Resolution adopted in March 2024, stating that all meetings are scheduled to terminate at 10:00 p.m., and at 9:00 p.m., the City Council must determine which items on the agenda they want to discuss prior to 10 p.m. A majority vote of the City Council is required to extend the meeting beyond 10 p.m. to discuss specific items. There was a motion by Council Member Sanchez to only discuss Item No. 19 and continue the remaining items to the next meeting on May 15, 2024. The motion was seconded by Council Member Figueroa. RESULT: ONLY DISCUSS ITEM NO. 19 AND CONTINUE THE REMAINING ITEMS TO THE NEXT MEETING [41] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Calvin NOES: Ibarra ABSENT: Ben Reynoso and Damon Alexander The Mayor and City Council continued to discussed Item No. 19, and the following was the vote: RESULT: APPROVED STAFF RECOMMENDATION [41] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Calvin NOES: Ibarra ABSENT: Ben Reynoso, Damon Alexander Regular Meeting Annotated Agenda May 1, 2024 Mayor and City Council of the City of San Bernardino Page 12 ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, May 1, 2024, at 10:22 p.m., in memory of Arrona Michael Mlynarski, a member of the community. 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 15,2024, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By:_________________________ Genoveva Rocha, CMC