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Home My WebLink About03-01-2023 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, MARCH 1, 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, March 1, 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 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 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 Minutes March 1, 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): 1) Douglas Heath v. City of San Bernardino, WCBA Case No. ADJ11111333 2) David Wixom v. City of San Bernardino, WCBA Case Nos. ADJ10598588; ADJ10471088; and ADJ12213353 Assistant City Attorney Thomas Rice stated item No. A1 of the closed session agenda was being pulled by staff and would not be discussed in closed session. 7:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Assistant Pastor Gwendolyn Dowdy Rodgers, Church of living God led the Invocation and Yamaris Zamora from Anton Elementary School led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT Assistant City Attorney Thomas Rice stated item No. A1 was pulled from discussion. The Mayor and City Council gave direction to outside legal counsel for item No. A2. There was no formal reportable action. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Eddie Apodaca spoke about the Fire Department interview process. Roberto Lopez (spoke in Spanish and was interpreted) requested that he be able to sell ice cream at the Council Chamber parking lot. Mike Hartley expressed that there is a problem with trying to park on the street in the City and there should be better rules for parking. Clementina Pina-Bernal inquired about the upcoming Burrtec rate increases. She does not want the rates to be increased. Treasure Ortiz asked the Mayor and City Council for an update on the Downtown Redevelopment Project. She stated that there is a lack of transparency and accountability in the City. Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 3 Tina Andrade, 5th Grade teacher, requested assistance for the homeless population in the City. David Farugia, Teamster, spoke in opposition of Item #7. He would like to meet and confer with the City about the proposed project. Dolores Armstead, Planning Commissioner, reaffirmed the Planning Commission’s decision to not allow crushing or grinding of concrete in the City. Luis Ojeda, Founder of ‘We are the Change” and SB Food Fest, expressed support of City staff. He asked that people not judge staff when they make mistakes. He also informed that SB Food Fest is returning on May 6th. Robert Porter, commissioner, spoke about the snow that fell in the City the weekend prior. He asked that the City begin having Christmas light shows and other holiday events. Maria Ramirez, Jesus Manuel Gaxiola, Alejandro Rodriguez, Miguel Angel Rodriguez, Javier Hernandez, Jessica Alcocer, Fanelly Milan, Claudia Bautista, Roberto Martinez Flores, Karen Sosa, Lyzzeth Mendoza, and Jesus Montiveros all spoke in support of the day laborers in the City. They request that the Mayor and City Council work with the Inland Coalition for Immigrant Justice and the Pomona Economic Opportunity Center to build a worker’s center in the City and stop penalizing and harassing day laborers. At this time, the following remote speakers were heard via Zoom: Simeone Miller, stated that he is a student at Cal State San Bernardino, and he is concerned about poor lighting and the need for speed bumps in the area. Aurora Sanchez Mata spoke in support of the day laborers in the City. Georgia asked that the Mayor and City Council do something about all the stray dogs and cats in the City. She requested that there be a mass spay and neuter campaign to control the pet population. E. Negrete spoke about Item #2 on the agenda. She requests that the City conduct an RFP for these services instead of just choosing a vendor. She wants grant funding to be given to the Police Department. Written public comments were provided to the Mayor and City Council. CITY MANAGER UPDATE Public Information Officer Jeff Kraus provided city-wide updates. Highlights included Police Department drug bust operations, library book donations from Dr. Margaret Hill’s estate, and an upcoming Open House for Project Fighting Chance. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS The Mayor and City Council provided updates, including upcoming events, housing, and projects in the community. Council Member Ibarra was absent during these updates. Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 4 CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS NO. 2 AND NO. 8 FOR A SEPARATE VOTE. STAFF PULLED ITEM NO. 7 FROM CONSIDERATION. A SEPARATE VOTE WAS TAKEN FOR ITEM NO. 9. [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, ABSENT: Alexander 1. Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-34 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. RESULT: ADOPTED RESOLUTION NO. 2023-34 [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Alexander 2. Approve Professional Services Agreement to Southern California Crossroads for Hospital-based Community Violence Intervention Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager, or designee, to execute a Professional Services Agreement with Southern California Crossroads for hospital-based community violence intervention services; and 2. Authorize the Agency Director of Administrative Services to issue a Purchase Order to Southern California Crossroads in a total amount not to exceed $1,160,000.00. Mayor Pro Tem Shorett pulled this item for discussion. Council Member Sanchez stated that there should be a Request for Proposals (RFP) for this item, due to this being a sensitive issue and a large amount of money. Council Member Sanchez made a motion to direct staff to conduct the RFP. The motion was seconded by Mayor Pro Tem Shorett. There was a substitute motion by Council Member Calvin to approve the staff recommendation, which was seconded by Council Member Reynoso. Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 5 RESULT: MOTION TO APPROVE STAFF’S RECOMMENDATION FAILED [4- 2] MOVER: Kimberly Calvin, Council Member, Ward 6 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Reynoso, Calvin NOES: Sanchez, Ibarra, Figueroa, Shorett, ABSENT: Alexander The City Council then voted on the original motion made by Council Member Sanchez. RESULT: CONTINUED THE ITEM AND DIRECTED STAFF TO COMPLETE THE RFP PROCESS FOR HOSPITAL-BASED COMMUNITY VIOLENCE INTERVENTION SERVICES [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Mayor Pro Tem, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Alexander 3. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 29, Tax Zone No. 30 (Valley View Industrial) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-032 of the Mayor and City Council 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. 29) and authorizing the levy of a special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2023-032 [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Alexander 4. Investment Portfolio Report for December 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 December 2022. Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Alexander 5. 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 February 2023. RESULT: APPROVED [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Alexander 6. Library Revenue and Expense Budget (All Wards) Recommendation: Adopt Resolution No. 2023-033 of the Mayor and City Council of the City of San Bernardino, California: 1. Accepting funding of $10,303 from the Inland Library System, $8,671.27 from CTC Technology & Energy and $200 from San Bernardino Emblem Club No.178. 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Library including $19,174.27 in both revenues and expenditures. RESULT: ADOPTED RESOLUTION NO. 2023-033 [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Alexander 7. Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for On-Call Engineering Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Ser vices Agreement (PSA) for On-Call Engineering Services; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $99,720.00. Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 7 Assistant City Manager Edelia Eveland pulled this item from consideration. RESULT: THIS ITEM WAS CONTINUED TO A FUTURE MEETING BY STAFF. 8. Bid Rejection for Construction Contract Award – Citywide Pavement Rehabilitation (21 Locations) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-035 rejecting bids for construction of the Citywide Pavement Rehabilitation at 21 locations. Council Members Figueroa and Calvin expressed their frustration regarding having to reject this bid, due to the project being overdue. Council Member Calvin also asked staff to be equitable when it comes to street repair. RESULT: ADOPTED RESOLUTION NO. 2023-035 [5-1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin NOES: Ibarra ABSENT: Alexander 9. Resolution Rejecting Construction Bids for Speicher Park Renovation (Ward 7) Recommendation: Adopt Resolution No. 2023-036 of the Mayor and City Council of the City of San Bernardino, California, rejecting Construction Bids for Speicher Park Renovation. RESULT: ADOPTED RESOLUTION NO. 2023-036 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Alexander 10. Resolution Accepting the Local Roadway Safety Plan (LRSP) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-037, accepting the Local Roadway Safety Plan (LRSP). RESULT: ADOPTED RESOLUTION NO. 2023-037 [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Alexander Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 8 11. Acceptance of FY 2022 Edward Byrne Justice Assistance Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-038, authorizing: 1. The City Manager to accept the 2022 Edward Byrne Justice Assistance Grant, and 2. The Agency Director of Administrative Services to amend the FY2022/23 Adopted Budget by $213,617 in both revenue and expenditures. RESULT: APPROVED [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT: Alexander DISCUSSION 12. Fiscal Year 2022/23 Mid-Year Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Fiscal Year 2022/23 Mid-Year Budget Report; and 2. Adopt Resolution No. 2023-039 Authorizing the Agency Director of Administrative Services to amend the Fiscal Year 2022/23 Operating Budget by $5,914,730 as outlined in the Fiscal Year 2022/23 Mid-Year Budget Report. Agency Director of Administrative Services Barbara Whitehorn and Budget Division Manager Zuyva Ruiz presented the Mid-Year Budget Report. Council member Ibarra made a motion to allow for separate votes on each item of the staff recommendation. The motion was seconded by Mayor Pro Tem Shorett. RESULT: APPROVED THE MOTION TO SEPARATE THE ITEMS [5-1] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Fred Shorett, Mayor Pro Tem, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso NOES: Calvin ABSENT: Alexander Council Member Sanchez made a motion to approve staff’s recommendation. Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 9 RESULT: RECEIVED AND FILED 2022/23 MID-YEAR BUDGET REPORT AND ADOPTED RESOLUTION NO. 2023-039 [4-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Reynoso, Calvin NOES: Ibarra, Shorett ABSENT: Alexander 13. Introduce Ordinance No. MC-1612 Amending Section 8.24.050 of the Municipal Code (Notification of Administrative Hearing) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce, read by title only, and waive further reading of Ordinance No. MC-1612 amending Section 8.24.050 of the San Bernardino Municipal Code regarding notification of administrative hearing decision and final report of delinquent solid waste charges to affected persons. A presentation was provided by Director of Public Works Daniel Hernandez. The title of the Ordinance was read into the record by City Clerk Genoveva Rocha. RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1612 [4-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett NOES: Reynoso, Calvin ABSENT: Alexander PUBLIC HEARINGS 14. Public Hearing on Annexation No. 31 to Community Facilities District 2019-1 (Ward 3) 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. 2023-040 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. 31); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2023-041 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. 31); and Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 10 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1613 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 2023-2024 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-1613 for March 15, 2023. Mayor Tran opened the public hearing at 10:30 p.m. Council member Calvin requested the staff presentation. Community and Economic Development Director Nathan Freeman introduced Jonathan Short with Spicer Consulting, who provided the presentation. There were no public speakers or written protests received. The public hearing was closed at 10:37 p.m. The title of the Ordinance was read into the record by City Clerk Genoveva Rocha. RESULT: ADOPTED RESOLUTION NO. 2023-040 [5-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Ibarra, Alexander RESULT: ADOPTED RESOLUTION NO. 2023-041 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin ABSENT: Ibarra, Alexander RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC 1613 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, ABSENT: Ibarra, Alexander 15. Substantial Amendment to the Fiscal Year 2022-2023 Annual Action Plan – HOME Investment Partnership American Rescue Plan Program (HOME-ARP) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 11 California: 1. Conduct a Public Hearing of the draft HOME Investment Partnership Allocation and Substantial Amendment to the Fiscal Year 2022-2023 Approved Action Plan; and 2. Authorize the Interim City Manager, or his designee, to execute any further documents as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2022-2023 Action Plan. Mayor Tran opened the public hearing at 10:44 p.m. Housing Division staff Trina Perez provided a presentation. There were no public speakers for this item. The public hearing was closed at 10:49 p.m. RESULT: APPROVED [4-2] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett NOES: Reynoso, Calvin ABSENT: Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 16. City Organization Realignment (All Wards) – Council Member Alexander Council Member Sanchez made a motion to reject this request, which was seconded by Mayor Pro Tem Shorett. Council Member Reynoso made a substitute motion to continue the item to a future meeting where Council Member Alexander is present. The motion was seconded by Council Member Calvin. RESULT: ITEM CONTINUED TO MARCH 15, 2023 [4-2] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Ibarra, Figueroa, Reynoso, Calvin NOES: Sanchez, Shorett ABSENT: Alexander ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, March 1, 2023, at 10:52 p.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, March 15, 2023, in the Council Chamber located at 555 West 6th Regular Meeting Minutes March 1, 2023 Mayor and City Council of the City of San Bernardino Page 12 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