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HomeMy WebLinkAbout04-17-2024 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, APRIL 17, 2024 4:00 PM Closed Session was called to order at 4:08 PM by Mayor Helen Tran on Wednesday, April 17, 2024, at Feldheym Central Library, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Left Theodore Sanchez Council Member, Ward 1 Present 9:18 p.m. 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 4:07 p.m. 9:15 p.m. Kimberly Calvin Council Member, Ward 6 Present 8:32 p.m. Damon L. Alexander Council Member, Ward 7 Via Zoom 4:35 p.m. Helen Tran Mayor Present Charles A. Montoya City Manager Present Sonia Carvalho City Attorney Present Albert Maldonado Deputy City Attorney Present Genoveva Rocha City Clerk Present Telicia Lopez Chief Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M. CLOSED SESSION PUBLIC COMMENT Treasure Ortiz spoke about the City Manager, the newly hired Community Development and Housing director and the newly hired Deputy City Manager. Dolores Armstead spoke about former Mayor John Valdivia and the lawsuits on the closed session agenda, the newly hired Community Development and Housing director and the newly hired Deputy City Manager, and the city manager. Sarah R. spoke on the choices the city is making in staffing and former Mayor John Valdivia. James Penman spoke on injunctive relief as the best option of what needs to be done pertaining to Council member Calvin. Requested that the city get a court order to prevent information from being leaked from Closed Session. Gregory Taylor spoke on the hiring that has taken place in the city, regarding the newly hired Community Development and Housing director and the newly hired Deputy City Manager. The speaker criticized the hiring process and use of background investigations for City Hall recruitments. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. Henry Perez v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2225127 ii. Jackie Aboud v. John Valdivia, San Bernardino Superior Court Case No. CIVDS2013562 iii. Karen Cervantes v. John Valdivia, San Bernardino Superior Court Case No.CIVDS2012538 iv. Mirna Cisneros v. John Valdivia, San Bernardino Superior Court Case No.CIVDS2012926 v. Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB22267331 vi. Arnold Mathias v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ13324852, ADJ11173952, ADJ10646820, and ADJ8614146 CLOSED SESSION REPORT City Attorney, Sonia Carvalho reported that there were six closed session matters on the agenda. The City Council did provide direction to staff, but there is no reportable action today. To make the public aware, when direction is received from the City Council on existing litigation, that information is not reported until matters are final. When cases are final, if and/or when settlements are entered those agreements are subject to disclosure under the Public Records Act. Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 3 5:00 PM The Regular Meeting was called to order at 5:10 PM by Mayor Helen Tran on Wednesday, April 17, 2024, at Feldheym Central Library, San Bernardino, CA. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Deborah Jones of Common Spirit Health Dignity Health Community Hospital of San Bernardino led the invocation, and Helena Bonola from Emmerton Elementary School led the Pledge of Allegiance to the Flag. At this time Mayor Tran re­ordered the agenda and proceeded with Public Hearings. PUBLIC HEARING 8. Proposed Substantial Amendment to Fiscal Years 2023­2024 and 2020­2021 Annual Action Plan Associated with Community Development Block Grant and Community Development Block Grant (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 Substantial Amendments to 2023-2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant; and 2. Approve the Substantial Amendments to Fiscal Year 2023-2024 and 2020-2021 Annual Action Plans for the Community Development Block Grant; and 3. Adopt Resolution 2024-075, approving the draft Substantial amendment to the housing and urban development fiscal year 2023-2024 and 2020-2021 Community development block grant annual action plan; and 4. Authorize the Director of Finance and Management Services to adjust the Fiscal Year 2023-2024 Budget Appropriation pursuant to the Substantial Amendment 2023-2024 and 2020-2021 Action Plans; and 5. Authorize The City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the submittal of the Proposed Substantial Amendments to Fiscal Year 2023-2024 and 2020-2021 Annual Action Plans. Mayor Tran opened the public hearing at 5:16 p.m. There was one public speaker: Treasure Ortiz spoke in support of the reallocation of funding for Nicholson Park and asked for clarification on the substantial changes. Gabriel Elliot, Director of Community Development and Housing provided a presentation. Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 4 The public hearing was closed at 5:21 p.m. Council Member Calvin expressed the need for the renovation of Nicholson Park due to years of neglect. Councilmember Calvin expressed concern pertaining to the funding source coming from street improvements. William Lampi, Senior Management Analyst explained the need to reallocate funds to meet the Community Development Block Grant (CDBG) funding deadline. William clarified that the funds were being shifted from street improvements to Nicholson Park, however the overall citywide budget for street improvements will remain the same. Council Member Sanchez made a motion to reallocate American Rescue Plan Act (ARPA Flex) funds to Encanto Community Center in the amount of $655,886.73 and $1,080,185.00 for Street Improvements. Councilmember Calvin made a friendly amendment to the motion to include monthly updates to the progress of Nicholson Park. Councilmember Sanchez accepted the friendly amendment and Councilmember Calvin seconded the motion. RESULT: APPROVED AS AMENDED TO APPROVE THE STAFF RECCOMENDATION AND REALLOCATE ARPA FLEX FUNDING IN THE AMOUNT OF $655,886.73 FOR ENCANTO COMMUNITY CENTER AND $1,080,185.00 FOR STREET IMPROVEMENTS. DIRECTED STAFF TO PROVIDE THE MAYOR AND CITY COUNCIL UPDATES EVERY 30 DAYS PERTAINING TO THE FUNDING SPENT FOR NICHOLSON PARK [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 5 9. Conduct a Public Hearing and Introduce 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: 1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1636 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-02 amending the following Sections and table: i. Section 19.02.50 (Basic Provisions - Definitions) ii. Section 19.06.020; iii. Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses); iv. Section 19.08.020; v. Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses); and vi. 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 finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act; and 2. Conduct the Public Hearing; and 3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 1st, 2024. Mayor Tran opened the public hearing at 5:35 p.m. Gabriel Elliot, Director of Community Development and Housing provided a presentation. There were two public speakers for this hearing. Treasure Ortiz spoke on the inaccurate point in time count and the time it has taken to change the development code. Tim Brickley believes this gives the ability to avoid a Conditional Use Permit (CUP) and the speaker does not agree with this idea and is not in favor of avoiding the CUP process. Wants a designated location for these areas that would require a public hearing. The public hearing was closed at 5:45 p.m. There was discussion amongst the City Council regarding this ordinance and why the city needs to move forward on this ordinance. They questioned what other cities are moving forward on this type of ordinance, and expressed concern that the state was imposing this ordinance requirement. Deputy City Attorney, Albert Maldonado explained that the ordinance is being moved forward as a requirement of the stipulated judgment resulting from the Housing Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 6 Element litigation. Mr. Maldonado further explained that the ordinance would still require applicants to meet certain criteria, and this ordinance does not give blanket approval of these development types. Mr. Maldonado also explained that if the city does not act on this item the litigants can request the judge to remove the city’s land use approval authority, with the exception of limited projects. Council Member Sanchez made a motion to approve the staff’s recommendation. Council Member Ibarra made a substitute motion to table the item for future consideration and was seconded by Council Member Figueroa. The motion failed 2- 4 with Councilmembers Sanchez, Shorett, Calvin, and Alexander voting in opposition. Councilmember Shorett seconded the motion made by Council Member Sanchez. RESULT: APPROVED STAFF’S RECCOMENDATION [6­1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Sandra Ibarra APPOINTMENTS 1. Downtown Advisory Committee Appointment of Casey A. Dailey (Ward 1) 2. General Plan Advisory Committee Appointment of Casey A. Dailey (Ward 1) 3. Measure S Citizens Oversight Committee Appointment of Casey A. Dailey (Ward 1) 4. Planning Commission Appointment of Casey A. Dailey (Ward 1) There was a consensus of the Mayor and City Council to vote on items 1-4 in a single vote. No presentation was made for Item Nos. 1-4, the appointee was not in attendance. RESULT: APPROVE APPOINTMENT ITEMS NO. 1 ­ 4 [7­1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander, Tran NOES: Ben Reynoso Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 7 PRESENTATIONS 5. April 2024 Citizen(s) of the Month Darnetta Smith, Claudia Cuevas, Vee Galvez Tellez, Spirit of Texas BBQ, Janice Robinson, and Ben Gutierrez Councilwoman Kimberly Calvin presented Citizen of the Month awards to Claudia Cuevas, Beverly Wright on behalf of Janice Robinson, and Santos from Spirit of Texas BBQ. Other awardees Darnetta Smith, Ben Gutierrez, and Vee Galvez were not in attendance. At this time Mayor Tran re-ordered the meeting and the Presentation for Item No. 7 was given before item No. 6. 6. Proclamation for Child Abuse Prevention Month in the City of San Bernardino – April 2024 (All Wards) Mayor Tran presented the Proclamation to Hillary Steenson-Ray, Interim Associate Network Officer, San Bernardino County Children’s Network. 7. Proclamation of National Therapy Animal Day in the City of San Bernardino – April 30, 2024 (All Wards) Mayor Tran presented the Proclamation to Teri Wallace and the volunteers of Pet Partners Animal Therapy Team & Inland Empire Therapy Dog Group. CITY MANAGER UPDATE Jeff Kraus, Public Information Officer, provided city wide updates. Highlights included the 5th Street Gateway Grand Opening, Lutheran Social Services Groundbreaking of 140-unit housing facility, visit from U.S. Health and Human Services Secretary- Xavier Becerra, $850,000 in funding for Nicholson Park renovation, and the award received by the Finance Department from the Government Finance Association of the United States and Canada. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Treasure Ortiz spoke in opposition to item No.10. The speaker commented on the report that was provided by the investigator and the details of the report. The speaker commented on actions by Human Resources Director Soren and recruiter Rojas. Dustin spoke on homelessness and the quality of life of those who are unhoused and the poor quality of life for everyone. The speaker commented on a homeless woman that lives on Medical Center Drive. Gregory Taylor complimented Council Member Calvin on her work and efforts in the city and is in opposition to item No. 10. The speaker commented on the newly hired Community Development and Housing director and the newly hired Deputy City Manager. The speaker commended some actions of Council Member Sanchez and Council Member Figueroa. Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 8 Al Palazzo spoke on meeting with all the elected leaders of the city to share his ideas to fix homelessness in the city. He asked for an opportunity to provide his feedback spoke on his belief in having San Bernardino rebuilt in the region. Delores Armstead spoke in opposition to item No. 10 and stated that she did not agree with the findings. The speaker commented on potential corruption of the council and the lack of action pertaining to former Human Resources director Soren. Christian Shaughnessy spoke on the passing of Gil Navarro and in opposition to the censure for Councilmember Calvin. The speaker commented on the closed session items regarding former Mayor John Valdivia. Ollie Espinoza spoke in favor of a tiny home village in the city and requested that more shelters to be built in the area. The speaker commented on the issues unhoused individuals face in the summer. Sarah R. spoke in opposition to item No.10 and commented on the City Manager recruitment. Spoke on the potential litigation council will face, replacing BBK, praised Council Member Ibarra and demanded the return of Zoom comments. John Shollenberger spoke in favor of the projects that Council Member Calvin has spearheaded and in opposition to item No. 10. Gabriel De La Torre spoke about his former homelessness and the need for compassion that was afforded to him and improved his position in life. Ulyses Benitez spoke on the need for tiny home villages in the city. Kieth Benitez spoke on growing up as a homeless child, and the abuse faced because of homelessness, and the lack of resources. Fae Heister spoke regarding issues faced by homelessness and bullying due to being homeless. Mykyah McKenzie spoke on the elections results and in opposition to the censure of Council member Calvin. Jim Mulvihill requested to have the Citizen Advisory Committee for the General plan revision and the downtown specific plan reactivated. Spoke on the 5th street gateways original intent to be mixed use and include additional housing. Lydia Savala spoke on community outreach for animal services, the need for veterinary services, and spaying or neutering pets. Mike Hartley spoke in opposition to censuring Kim Calvin and the need for others to have been censured. Spoke in support of the Police Chief. Lynn Wear spoke about her neighborhood association and the support the city has provided by being collaborative with the Council. Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 9 Georgia Lykouretzos spoke on the Police Department. The speaker was in opposition to item No. 14, and item No 15. Rikke Van Johnson spoke in opposition to item No.10 and the allegations not being substantiated. L’Rea Robinson spoke on housing and the poor conditions of housing in the city. Spoke on the lack of code enforcement and in opposition of censuring Council Member Calvin. Ana Gonzalez spoke in opposition of the censure of Council Member Calvin and does not agree with the speaker slip deadline. She spoke in favor of item No. 11. Junior Carrillo spoke on the comments made by other public speakers. James Penman spoke on the elections results and made recommendations regarding the censure. He spoke about his censure and elected history. The following individuals submitted speaker slips but were not present when called upon to speak: Jeanne Norwood, James Albert, Jim Smith, and Paul Jones PUBLIC HEARING Mayor Tran re­ordered the agenda and Public Hearings were heard prior to Appointments. DISCUSSION 10. Discuss and Provide Direction on Whether to Pursue Censure of Council Member Kimberly Calvin Recommendation: It is recommended that the Mayor and City Council, of the City of San Bernardino, California, discuss 1) whether to and the process for adopting a Resolution of Censure concerning Council Member Kimberly Calvin’s alleged misconduct involving violations of policy, law and fiduciary duty; 2) whether to engage outside legal counsel and provide direction to staff and whether to appoint an ad hoc committee to schedule a hearing and consideration of final Resolution of Censure. Council Member Calvin spoke in her defense of the censure item and stated that she did not agree with the censure. She spoke on the claims as outlined in the summary report that was provided to the community. Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED STAFF’S RECOMMENDATION [4­3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett NOES: Ben Reynoso, Kimberly Calvin, Damon L. Alexander 11. Adopt an Urgency Ordinance Restricting Truck Traffic on Certain Roadway Segments Within the City Limits. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Urgency Ordinance No. MC-1635, amending Section 10.24.190 of the City of San Bernardino Municipal Code to restrict Commercial Vehicles with a gross vehicle weight rating exceeding 30,000 pounds on certain segments of City roads, specifically University Parkway (State Street) from the eastern off ramp of Interstate 210 to Baseline Road; and Pepper Avenue from Ninth Street to Randall Avenue. There was discussion amongst the City Council regarding the truck routes during the discussion various concerns and suggestions were raised. Council Member Figueroa proposed to extend the truck route restriction on Gould, Richardson, Hardt, and Coulston from Tippecanoe to Mountain View. Council Member Reynoso added the restricted truck routes on Kendall Drive between Palm and University. RESULT: APPROVED AS AMENDED EXTENDING THE TRUCK ROUTE FOR ITEMS NO. 14 THROUGH NO. 17 OF THE ORDINANCE FROM TIPPECANOE TO MOUNTAIN VIEW. ADDING KENDALL AVE BETWEEN PALM AND UNIVERSITY TO THE ORDINANCE. [7­0] MOVER: Kimberly Calvin, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander At this time Mayor Tran re­ordered the agenda and Item No.13 was heard prior to Item No. 12. Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 11 13. Review and Consider Positions Recommended by Members of the Council During the Mid­Year Budget Review, and Additional Positions Recommended by the City Manager Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-066 of the Mayor and City Council of San Bernardino, review, and consider the additional positions proposed at the Mid-Year Budget review and 1. Add the eight (8) positions as proposed by the Mayor and City Council and outlined in this staff report; and 2. Add the additional twelve (12) positions proposed by the City Manager as outlined in this staff report. City Manager Montoya requested that the Mayor and City Council remove from consideration the following positions: Administrative Analyst, Manager for City Council, and Administrative Assistant split 50/50 for the City Manager and the Mayor’s office. The City Manager advised that the positions needed more work and would be brought back. RESULT: APPROVED AS AMENDED [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. City Manager’s Preliminary Proposed Biennial FY 2024/25 and FY 2025/26 Operating and Capital Budget Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the City Manager’s proposed budget presentation for the FY 2024/25 and FY 2025/26 Operating and Capital Budget. RECEIVE AND FILE, NO ACTION TAKEN 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 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin Council Member Calvin left the meeting at 8:32 p.m. and was not present for the Consent Calendar vote and approval. Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 12 14. Authorize and Appropriate Funding for Animal Services for the preparation of the Regional Partnership Agreements Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-067; 1. Authorizing the Director of Finance & Management Services to approve the allocation of $4,000,000. from the General Fund and to appropriate the funds to make the necessary upgrades to the Animal Services facility; and 2. Authorizing the Director of Finance & Management Services to amend the Fiscal Year 2023-2027 Capital Improvement Project Program to add the Animal Services Regional Partnership Facility Improvement Project. RESULT: ADOPTED RESOLUTION NO. 2024­067 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin 15. Response to Grand Jury Report Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the response to the County of San Bernardino Civil Grand Jury Report, titled “Who Let the Dogs Out? A Tail in Two Cities”, released in December 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin 16. Certifying Results of the Primary Municipal Election held on March 5, 2024 Recommendation: Adopt Resolution No. 2024-077 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on March 5, 2024, certifying the election results and such other matters as provided by law. RESULT: ADOPTED RESOLUTION NO 2024­077 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 13 17. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 45, Tax Zone No. 45 (GWS #8) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-070 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. 45); and authorizing the levy of a special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2024­070 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin 18. Adoption of Ordinance No. MC­1634 (Annexation 37) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1634 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 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). RESULT: ADOPTED ORDINANCE NO. MC­1634 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 14 19. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 44, Tax Zone No. 44 (Everhome Suites) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-069 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 proposed (Annexation No. 44) and authorizing the levy of special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2024­069 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin 20. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 43, Tax Zone No. 43 (Quick Quack 5th and G) (Ward 1) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-068 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 proposed (Annexation No. 43); and authorizing the levy of special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2024­068 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 15 21. 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 March 2024. RESULT: APPROVED STAFF’S RECCOMENDATION [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin 22. Designation of the City of San Bernardino Authorized Agents for the State of California Governor’s Office of Emergency Services (CalOES) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-071, designating that the following positions are authorized to execute for and on behalf of the City of San Bernardino, a public entity established under the laws of the State of California, the grant applications for CalOES. 1. The Deputy City Manager, or 2. The Director of Finance and Management Services, or 3. The Deputy Director of Finance, or 4. The Grants Division Manager, or 5. The Chief of Police RESULT: ADOPTED RESOLUTION NO. 2024­071 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin 23. Side Letter Agreement with San Bernardino Police Management Association Regarding 401 (a) Plan Contributions Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-072, authorizing the City Manager to execute a side letter agreement with the San Bernardino Police Management Association regarding 401 (a) plan contributions and other language updates. RESULT: ADOPTED RESOLUTION NO. 2024­072 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 16 24. Adopt Resolution Approving Job Classifications and Amending the City­wide Salary Schedule Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-073: 1. Amending the Administrative Analyst classification job series; 2. Establishing the Land Development Engineer job classification; 3. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions RESULT: ADOPTED RESOLUTION NO. 2024­073 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin 25. Award of Construction Agreement for Police Department HVAC Control System and Valve Replacement (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-074: 1. Approve the award of an Agreement with Western Allied Corporation in the amount of $325,550 for Police Department HVAC Control System and Valve Replacement (Project); 2. Authorize the project construction and construction contingencies costs in the total amount of $ $358,105 for construction of the Project; 3. Authorize the City Manager or designee to execute all documents with Western Allied Corporation; 4. Authorize the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $15,000 from the Law Enforcement Facilities Fund balance to bring the total project budget to $365,000; and 5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: APPROVED STAFF’S RECCOMENDATION [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 17 26. Approve Contract Amendment No.4 with Kabbara Engineering for the Pepper Avenue Rehabilitation Project (Wards 3, 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 4 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for additional construction engineering support services, for a total contract amount of $265,531 for Pepper Avenue Rehabilitation Project. RESULT: APPROVED STAFF’S RECOMMENDATION [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin 27. Purchase of Police Vehicles (All Wards) Recommendation: It is recommended the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager to execute a Goods Purchase Agreement with Fairview Ford for the purchase of Police Vehicles, and 2. The Director of Finance and Management Services to issue a purchase order to Fairview Ford Sales, not to exceed $810,000. RESULT: APPROVED STAFF’S RECCOMENDATION [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin 28. Acceptance of Fiscal Year 2022 Emergency Management Performance Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-076, authorizing: 1. The acceptance of the Fiscal Year 2022 Emergency Management Performance Grant; and 2. The amendment of the Fiscal Year 2023/2024 Adopted Budget in both revenue and expenditures by $40,866. RESULT: ADOPTED RESOLUTION NO. 2024­076 [6­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin Regular Meeting Minutes April 17, 2024 Mayor and City Council of the City of San Bernardino Page 18 MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time the Mayor and City Council provided updates to the community. Highlights included the Grand Opening of the 5th Street Gateway project, the need for more sworn officers and support staff, the Cambodian New Year, the start of National Orange Show Fair, and San Bernardino’s Soul Pointe induction into the California Music Hall of Fame. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, April 17, 2024, at 9:29 p.m. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting on May 1, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and the Open Session will begin at 5:00 p.m. Genoveva Rocha, CMC, City Clerk