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HomeMy WebLinkAbout01-18-2023 MCC Regular City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Minutes 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, JANUARY 18, 2023 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:35 PM by Mayor Helen Tran on Wednesday, January 18, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status 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 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 Minutes January 18, 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 for Closed Session. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. F.D. a minor, individually, by and through his Guardian ad Litem, Francisco Diaz v. City of San Bernardino, et al. United States District Court Case No. 5:21-CV-01580-JGB-KK ii. Juddit Rodriguez, an individual v. City of San Bernardino, et al., United States District Court Case No. 5:21-cv-01528-JGB-SHK 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 LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item 7:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Reginald Young, of the SB Pastors United lead the invocation. Mayor Tran’s daughter Holly Tran lead the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there were two matters discussed as noted in the agenda, but there was no reportable action. CITY MANAGER UPDATE At this time, Assistant City Manager Edelia Eveland provided city-wide updates. Highlights included recovering from recent storms, Martin Luther King Jr. Day, and the upcoming Homeless Point in Time Count. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. PRESENTATIONS 1. Presentation by Big Brothers Big Sisters of Orange County and the Inland Empire Celebrating National Mentoring Month Jennifer O’Farrell from Big Brothers Big Sisters of Orange County and the Inland Empire provided a presentation. Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 3 2. January 2023 Citizen of the Month – Wade Forde, Lead Pastor, San Bernardino 16th Street Seventh­day Adventist Church Pastor Forde accepted the award from Mayor Tran and Council Member Calvin. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Dr. Jeanetta Million, CEO/Founder of A Servants Heart Community Development International, stated that her organization needs suitable facility space. Dawn Rabon stated that she is concerned about homelessness in the City. Edward Woolbert spoke in disapproval of an AirBnB in his neighborhood. Dolores Armstead asked for an update on the Downtown Redevelopment and asked for the Council Members to be assigned staff members. Frank Montes stated that Council Members should work together with the new Mayor. Monica Smith expressed her frustration about the homeless situation in the City. Treasure Ortiz discussed homelessness and stated that the Mayor and City Council need to do better. Aurora McElroy stated she is in opposition of short-term rentals in her neighborhood. Jose Gomez disapproves of short-term rentals in his neighborhood due to high fire risk. Paul Plunk spoke about various community issues and thanked Treasure Ortiz for her input. Maurice Butler expressed that the Dorjil Estates apartments are not in good repair and the tenants need legal assistance. ‘ “Malibu” said that she is frustrated by the homeless situation in the City. Jocelyn Feazell Sanders also asked the Mayor and City Council to assist the residents of the Dorjil Estates. Rikke Van Johnson applauded the City’s choice to hire Interim City Manager Charles McNeely. Pat Morris, Former Mayor, praised Charles McNeely for his work in the City of Reno. Ashley Diaz asked for staff’s support for those in need in the community. Kristen Malaby invited everyone to an Inland Empire Hounds Basketball Game. Dr. Betty Daniels spoke about an illegal marijuana dispensary at 249 E. Highland Ave that is a nuisance. Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 4 Miriam Nieto spoke about the Gateway Specific Plan neighborhood meeting. She was disappointed with the meeting and wished there had been communication in Spanish. Jerry Owens expressed concern for the dangerous intersection at Mountain View and 5th Street. Also, Pepper Ave. needs to be repaired. Robert Porter congratulated Mayor Tran and the newly re-elected Council Members. He thanks City staff and community members for their contributions to the City. There were no remote speakers. City Clerk Genoveva Rocha then read the following comment into the record, per ADA accommodation: Hardy Brown congratulated the new Mayor, re-elected Council Members, and Interim City Manager. He is looking forward to success coming to the City. At this time, a member of the public, Erik Martinez, stated he had turned in a request to speak and was not acknowledged. The Mayor and City Council allowed Mr. Martinez to speak. He spoke in opposition to an event being held in the city called Paranormal Circus. He said this event will negatively affect the youth. Written public comments were provided to the Mayor and City Council. DISCUSSION 3. Short Term Vacation Rentals in San Bernardino Recommendation: It is recommended that the Mayor and City Council: Receive and file an update on the status of short-term vacation rentals in the City; Consider three options to address short-term vacation rental issue throughout the City; and Select Option No. 2 and direct staff to develop a regulatory scheme for short-term vacation rentals within the City’s residential districts. Community and Economic Development Director Nathan Freeman provided a presentation. Council Member Alexander suggested imposing: 1.) A three-night minimum on stays; 2.) A ban in fire rated areas; 3.) Restricting parking on the street; and 4.) Having a maximum total of 120 short-term rentals in the City. There was discussion amongst the Mayor and City Council regarding the terms. Council Member Sanchez made a motion to select Option Two from staff’s recommendation to adopt a regulatory scheme, including the additional parameters mentioned above, except for the cap of 120 rentals. Council Member Calvin made a substitute motion to adopt Option Three, the “Wait and See Approach” because the City does not have enough resources to enforce the regulations. The motion did not receive support. Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 5 RESULT: APPROVED STAFF RECOMMENDATION FOR OPTION NO. TWO, WITH THE ADDITIONAL REQUEST TO BAN GUEST PARKING ON THE PUBLIC STREET, PROHIBIT RENTALS IN FIRE RATED AREAS, AND SET A MINIMUM NIGHT STAY FOR SHORT TERM RENTALS [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 4. Nominations and Appointments to Various Regional Boards and Associations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors; 2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors; 3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors; 4. Appoint one Member and one Alternate to the OmniTrans Board of Directors; 5. Appoint one Member and one Alternate to the Interagency Council on Homelessness; 6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly; 7. Receive and file the Mayor’s selection of Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, and Damon Alexander to vote in the Southern California Association of Governments Regional Council District 7 Election. Council Member Reynoso made a motion that the appointed members of the Inland Valley Development Agency be himself, Mayor Tran, and Council Member Calvin, with Council Member Shorett as an alternate. Council Member Calvin seconded the motion. Council Member Sanchez made a substitute motion to approve the Mayor’s appointments as listed on the agenda. Mayor Pro Tem Shorett seconded the motion. Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED THE MAYOR’S SELECTION OF APPOINTMENTS FOR VARIOUS REGIONAL BOARDS [6­1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso 5. Adoption of Resolution No. 2023­019 Appointing an Interim City Manager and approving an employment agreement. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-019 appointing an Interim City Manager and approving an employment agreement. Note: The candidate is anticipated to be selected by the Mayor and City Council in advance of the City Council Meeting held on January 18, 2023. Assistant City Manager Edelia Eveland reported that per Government Code 54953(c)(3), the City of San Bernardino is legally required to orally report salary and benefits of new executives during an open meeting and announced that the Interim City Manager’s Salary would be $137.02 per hour with no other benefits. Interim City Manager Charles McNeely introduced himself and thanked the Mayor and City Council for their support. City Clerk Genoveva Rocha announced that supplemental documents regarding the appointment of the Interim City Manager were provided to the Mayor and City Council, posted online, and copies printed for the public. RESULT: APPROVED THE APPOINTMENT OF CHARLES E. MCNEELY AS INTERIM CITY MANAGER [7­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander PUBLIC HEARINGS 6. Adopt New Purchasing Policy and Introduce Ordinance No. MC­1605 amending Section 3.04 of the Municipal Code. (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Introduce, read by title only, and waive further reading of Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California, and Adopt Resolution 2022-246 adopting the Purchasing Policy for the City of San Bernardino. Mayor Tran opened the public hearing at 9:39 p.m. Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 7 Agency Director of Administrative Services Barbara Whitehorn provided a presentation. There was one public speaker; Treasure Ortiz expressed that a fiscal audit should be performed before this policy is adopted. Council Member Reynoso made a motion to approve staff’s recommendation but change the City Manager’s $100,000 contract signing authority to $50,000. All contracts over $50,000 must be approved by the Mayor and City Council. The motion was seconded by Council Member Ibarra. Council Member Sanchez made a substitute motion to approve staff’s recommendation, with the addition of replacing the word “designee” in phrase “Purchases in this category may only be authorized by the City Manager or their designee” with “the Assistant City Manager with prior written authorization from the City Manager in the City Manager’s absence” in section 3.04.040B of Ordinance MC-1605. Mayor Pro Tem Shorett seconded the motion. City Clerk Genoveva Rocha made an announcement for the record that the resolution number 2022-246 on this item was inaccurate, and the correct number is 2023-020. The public hearing was closed at 10:18 p.m. RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE No. MC­1605, WITH A MINOR CHANGE TO SECTION 3.04.040B, REPLACING “DESIGNEE” WITH “THE ASSISTANT CITY MANAGER WITH PRIOR WRITTEN AUTHORIZATION FROM THE CITY MANAGER IN THE CITY MANAGER’S ABSENCE” AND ADOPTED RESOLUTION NO. 2023­020 ADOPTING THE PURCHASING POLICY FOR THE CITY OF SAN BERNARDINO [4­2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Shorett, Calvin, Alexander NOES: Ibarra, Reynoso ABSENT: Figueroa 7. Public Hearing on Annexation No. 28 to Community Facilities District 2019­1 (Ward 5) 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. 2023-001 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. 28); and 3.Hold a special landowner election and canvas the election; and 4.Adopt Resolution No. 2023-002 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. 28); and Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 8 5.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1608 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 2022-2023 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-1608 for February 1, 2023. Mayor Tran opened the public hearing at 10:22 p.m. The staff presentation was not requested. There were no public speakers or requests to speak. There were no written protests received. The public hearing was closed at 10:24 p.m. RESULT: ADOPTED RESOLUTION NO. 2023­001 [5­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander NOES: Reynoso ABSENT: Figueroa RESULT: ADOPTED RESOLUTION NO. 2023­002 [5­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander NOES: Reynoso ABSENT: Figueroa RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE NO. MC 1608 [5­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander NOES: Reynoso ABSENT: Figueroa 8. Public Hearing on Annexation No. 29 to Community Facilities District 2019­1 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 9 California: 1.Hold a Public Hearing; and 2.Adopt Resolution No. 2023-004 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. 29); and 3.Hold a special landowner election and canvass the election; and 4.Adopt Resolution No. 2023-005 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. 29); and 5.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1609 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 2022-2023 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-1609 for February 1, 2023. Assistant City Manager Edelia Eveland announced that the Public Hearing was being continued. RESULT: THIS ITEM WAS CONTINUED TO A FUTURE MEETING BY STAFF 9. Public Hearing on Annexation No. 30 to Community Facilities District 2019­1 (Ward 5) 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. 2023-006 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. 30); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2023-007 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. 30); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1610 of the Mayor and City Council of the City of San Bernardino, California, Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 10 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 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-1610 for February 1, 2023. Mayor Tran opened the public hearing at 10:27 p.m. The staff presentation was not requested. There were no public speakers or requests to speak. There were no written protests received. The public hearing was closed at 10:29 p.m. RESULT: ADOPTED RESOLUTION NO. 2023­006 [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. 2023­007 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE MC­1610 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 10. Public Hearing on Annexation No. 32 to Community Facilities District 2019­1 (Ward 6) 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. 2023-008 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. 32); and Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 11 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2023-009 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. 32); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC1611 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 2022-2023 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-1611 for February 1, 2023. Mayor Tran opened the public hearing at 10:31 p.m. The staff presentation was not requested. There was one public speaker: Dolores Armstead spoke in opposition of this project because the City does not need any more fast food restaurants. There were no written protests received. The public hearing was closed at 10:34 p.m. RESULT: ADOPTED RESOLUTION NO. 2023­008 [5­2] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin RESULT: ADOPTED RESOLUTION NO. 2023­009 [6­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 12 RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE NO. MC­1611 [6­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso 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, ITEMS NO. 11 THROUGH NO. 32. PULLED ITEMS NO. 20 AND NO. 28 FOR DISCUSSION. COUNCILMEMBER REYNOSO REGISTERED A “NO” VOTE FOR ITEMS NO. 24 AND NO. 25 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 11. Approving the Revised City­Wide Records Retention Policy and Schedule Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2023-010, establishing a revised Records Retention Policy and Schedules. RESULT: ADOPTED RESOLUTION NO. 2023­010 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. Infill Housing Master Development Agreement with Neighborhood Partnership Housing Services (NPHS) San Bernardino Developments, LLC (Wards 2 & 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-011 authorizing the execution of the Infill Housing Development Master Agreement between the City of San Bernardino and NPHS San Bernardino Developments, LLC to construct or reconstruct infill housing on blighted. or underutilized sites and sell those properties to households whose income does not exceed 80% of the area median income. 2. Authorize the City Manager, or designee, to take further actions and execute Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 13 any further documents as necessary to effectuate the agreements. RESULT: APPROVED (7­0) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 13. Adoption of Ordinance No. MC­1603 ­ Belmont Residential Subdivision Project (Ward 5) Recommendation It is recommended that the Mayor and City Council of San Bernardino, California, adopt Ordinance No. MC-1603 approving Development Code Amendment (Zoning Map Amendment) 21-05 changing the Zoning District Classification of a parcel (APN: 0261-151-10) containing approximately 6.10 acres from Residential Low (RL) to Residential Suburban (RS), pursuant to a Mitigated Negative Declaration (Attachment 1). RESULT: ADOPTED ORDINANCE NO. MC­1603 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 14. First Amendment to the Exclusive Negotiating Agreement (ENA) between the City of San Bernardino and the Richman Group, LLC (Ward 1) Recommendation: Authorize the execution of First Amendment to the Exclusive Negotiating Agreement between the City of San Bernardino and the Richman Group, LLC. Authorize the City Manager, or designee, to take further actions and execute any further documents as necessary to effectuate the First Amendment to the Exclusive Negotiating Agreement. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 15. City Board, Commission, and Citizen Advisory Committee Minutes approved in November/December 2022 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 November and December 2022. Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 14 RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 16. Investment Portfolio Report for October and November 2022 (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 for October and November 2022. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 17. Administrative Budget Transfers Report Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file all listed administrative budget amendments from July 1, 2022, through December 15, 2022. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 18. Ratify and Approve Acceptance of Award from The California Public Utilities Commission for Local Agency Technical Assistance Grant Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Ratify and approve the acceptance of an award from the California Public Utilities Commission (CPUC) for the Local Agency Technical Assistance (LATA) Grant in the amount of $425,256.14 for 24 months, and 2.Adopt Resolution No. 2023-012 amending the General Fund 2022/23 Budget in the amount of $425,256.14 in both revenue and expenditures. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 15 19. Basic Compensation Plan for Temporary, Part­Time and Seasonal Employees of the City of San Bernardino (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-013 approving a revised City-wide salary schedule for all full- time, part-time, temporary, and seasonal positions. RESULT: ADOPTED RESOLUTION NO. 2023­013 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 20. 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.The First Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont for representation in the Tammy Bender v. City of San Bernardino, et al. U.S. District Court Case No. 5:21-CV-01459-CBM-SP; 2.The Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Rudd and Romo for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337; 3.The Second Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage and Alfaro for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337 Council Member Ibarra made a motion to vote separately on Items 1 and 2 above and recused herself from Item 3 due to a conflict of interest regarding her legal case. Mayor Pro Tem Shorett seconded the motion. Council Member Reynoso made a substitute motion to approve Item #20 as presented. Council Member Sanchez seconded the motion. Council Member Ibarra did not leave the dais during the vote and did not vote on the item. RESULT: APPROVED [6­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander RECUSED: Ibarra 21. Agreements with Kaiser Permanente for Pre­employment and Occupational Medical 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: Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 16 1. A professional services agreement with Kaiser Permanente for pre-employment screening services. 2. A professional services agreement with Kaiser Permanente for occupational medical services. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 22. Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-014 to accept and allocate additional grant funds for the Senior Nutrition Program from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program in the amount of $304,846. RESULT: ADOPTED RESOLUTION NO. 2023­014 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 23. Accept the Tobacco Grant Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-015 authorizing: 1.The City Manager or designee to accept the FY 2022/23 Department of Justice Tobacco Grant. 2.The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $1,097,375 in both revenue and expenditures. 3.The Police Department to increase the approved staffing appropriately. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 24. Off­Road Police Vehicles Goods Purchasing Agreement Report Recommendation It is recommended that of the Mayor and City Council of the City of San Bernardino, California, authorize: Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 17 1. The City Manager or his/her designee to enter into an agreement with Malcolm Smith Motorsports to purchase two off-road police vehicles in accordance with the Goods Purchasing Agreement. 2. The Agency Director of Administrative Services to issue a purchase order to Malcolm Smith Motorsports in an amount not to exceed $98,889.70. RESULT: APPROVED [6­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso 25. Purchase of Night Vision Goggles Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager or designee to sign and execute a purchase agreement with NightOps Tactical Incorporated; 2. The Agency Director of Administrative Services to issue a purchase order in the amount of $337,623 to NightOps Tactical Incorporated. RESULT: APPROVED [6­1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso 26. Purchase of Tactical Vests Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager or designee to sign and execute a purchase agreement with Aardvark. 2. The Agency Director of Administrative Services to issue a purchase order in the amount of $70,000 to Aardvark. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 27. Professional Services Agreement for Focused Drainage Study for Meyers Creek Drainage System Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 18 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Professional Services Agreement with Q3 Consulting to prepare the Focused Drainage Study for Meyers Creek Drainage System and authorize the City Manager, or designee, to sign and execute the agreement. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 28. Award a Professional Services Agreement for a Parks Master Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-016 to: 1. Approve the award of a Professional Services Agreement with Next Practice Partners, LLC to prepare the City of San Bernardino Parks Master Plan in the amount of $997,400; and 2. Authorize the Agency Director of Administrative Services to amend the FY 2022/23 CIP budget and appropriate funding from the FY 2023/24 adopted CIP budget in the amount of $750,000 through Measure S Fund to complete the Project; and 3. Authorize the City Manager, or designee, to sign and execute the agreement. RESULT: APPROVED [6­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra 29. Adoption of Ordinance MC­1606 (Ward 4) Recommendation Adopt Ordinance No. MC-1606 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 2022-2023 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). Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 19 RESULT: ADOPTED ORDINANCE NO. MC­1606 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 30. Adoption of Ordinance No. MC­1607 (Ward 1) Recommendation Adopt Ordinance No. MC-1607 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 2022-2023 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 C ity of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED ORDINANCE OF MC­1607 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 31. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 31, Tax Zone No. 32 (Rancho Ave.) (Ward 3) Recommendation Adopt Resolution No. 2023-017 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 31) and authorizing the levy of a special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2023­017 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 32. License Agreement with DP Industrial Parkway, LLC Recommendation It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-018: 1. Authorizing a License Agreement with DP Industrial Parkway, LLC, a Delaware limited liability company, for the construction of improvements that include a driveway, block wall, trailer parking, and paving located at 5770 Industrial Parkway, San Bernardino, California; and 2. Directing the City Manager or designee to execute the Agreement; and Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 20 3. Finding that the project is covered by the mitigated negative declaration previously approved for the 5770 Industrial Parkway project pursuant to the California Environmental Quality Act. RESULT: APPROVED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 33. Recognized Partnership with Casa Ramona (Ward 1) – Council Member Sanchez RESULT: AMENDED THE MOTION TO RECOGNIZE A PARTNERSHIP WITH CASA RAMONA AND HOME AND NEIGHBORLY SERVICES FOR CONSIDERATION AT A FUTURE MEETING [6­0] MOVER: Theodore Sanchez, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra 34. Initiate a Request for Proposal seeking a consultant to prepare a feasibility study for installing bike lanes and crosswalk improvements in Downtown (Wards 1, 3) ­ Council Member Reynoso RESULT: AMENDED THE MOTION FOR STAFF TO PREPARE A FEASIBILITY STUDY FOR INSTALLING BIKE LANES IN THE CITY FOR CONSIDERATION AT A FUTURE MEETING [6­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSTAIN: Ibarra 35. Direct staff to work with the Mayor and City Council to evaluate and determine the appropriate staffing levels in the Office of the Mayor and the City Council Office (All Wards) – Council Member Alexander RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, January 18, 2023, at 11:03 p.m. Regular Meeting Minutes January 18, 2023 Mayor and City Council of the City of San Bernardino Page 21 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, February 1, 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