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HomeMy WebLinkAboutAnnotated Agenda 07-03-2024CITY OF SAN BERNARDINO REVISED ANNOTATED AGENDA FOR THE Regular MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY AND, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JULY 3, 2024 3:00 PM CLOSED SESSION 5:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Rochelle Clayton COUNCIL MEMBER, WARD 2 Acting CITY MANAGER Juan Figueroa Sonia Carvalho Council Member, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha Mayor Pro-Tem, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org REVISED ANNOTATED AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JULY 3, 2024 3:00 PM Closed Session was called to order at 3:01 PM by Mayor Helen Tran on Wednesday, July 3, 2024, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Late 3:03 PM Sandra Ibarra Council Member, Ward 2 Late 3:03 PM Juan Figueroa Mayor Pro-Tem, Ward 3 Late 3:02 PM Fred Shorett Council Member, 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 Rochelle Clayton Acting City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Courtney Bowen 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 Annotated Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page 2 3:00 P.M. CLOSED SESSION PUBLIC COMMENT At this time, Closed Session public comments were heard. CLOSED SESSION (A)CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.Juanita Martinez v. The Home Depot, et al., San Bernardino Superior Court, Case No. CIVDS1936862 ii.Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVDS2003802 iii.Tyson et al. v. City of San Bernardino, et al., United States District Court, Central District Case No. 5:23-cv-01539 TJH (KKx) iv.Sharon Bailey v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVSB2216529 v.Steve Carrigan v. City of San Bernardino and Kimberly Calvin, Superior Court of the County of San Bernardino Case No. CIV SB 2419810 (B)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): i.Notice of Claim, Asa Carraway, dated January 12, 2024, ClaimNo.GHC0066973 (C)CONFERENCE WITH REAL PROPERTY NEGOTIATORS i.Property: 300 North E Street (Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk 12 and PTN 3rd St VAC) City Negotiator: City Manager or Designee Negotiating Parties: El Corte Ingles Under Negotiations: Price and Terms of Exclusive Negotiating Agreement ii.Property: Lutheran Social Services Site, 1354 N. G Street, San Bernardino, CA 92405 (APN 0145-193-07, 08, 10, and 22) City Negotiator: City Manager or Designee Negotiating Parties: Lutheran Social Services Under Negotiations: Price and Terms of Easement 5:00 P.M. The Regular Meeting was called to order at 5:21 PM by Mayor Tran on Wednesday, July 3, 2024. Regular Meeting Annotated Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page 3 Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Late 5:23 PM Juan Figueroa Mayor Pro-Tem, Ward 3 Late 5:23 PM Fred Shorett Council Member, 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 Rochelle Clayton Acting City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Courtney Bowen Deputy City Clerk Present INVOCATION AND PLEDGE OF ALLEGIANCE Pastor August Smith from Truelight Community Fellowship led the invocation, and Council Member Reynoso led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated that there was no reportable action from Closed Session. At this time, the agenda was re­ordered, and Presentations, Appointments, and Public Hearings were heard before Public Comments. PRESENTATIONS 1.Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2024 (All Wards) Mayor Tran presented the Proclamation to Parks and Recreation staff members. APPOINTMENTS 2.Parks, Recreation and Community Services Commission Appointment of Travon Martin (Mayor’s Appointment) (All Wards) RESULT: APPROVED THE APPOINTMENT (8­0) MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Tran NOES: None Regular Meeting Annotated Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page 4 PUBLIC HEARING 3. Appeal 24­02 of Appeal 24­01 for Development Permit Type­D 21­18, 19, 20, and 21 (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: adopt Resolution No. 2024-145 denying Appeal 24-02, thereby upholding the Planning Commission’s denial of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21, which upholds the Development and Environmental Review Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction with the approval of Development Permit Type-D 21-18, 19, 20, and 21, allowing the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 5.81 acres within the Commercial Regional (CR-3) zone. Mayor Tran opened the Public Hearing at 5:35 PM. Director of Community Development and Housing Gabriel Elliott announced that the Public Hearing was being continued to August 21, 2024. RESULT: CONTINUED THE PUBLIC HEARING TO AUGUST 21, 2024 [7­0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. CITY MANAGER UPDATE Public Information Officer Jeff Kraus gave an update. 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; PULLED ITEMS NO. 9 AND NO. 10 FOR A SEPARATE VOTE [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Regular Meeting Annotated Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page 5 4. Approval of Various Mayor and City Council Meeting Minutes Recommendation: It is recommended that the City Council approve the minutes for the following meeting dates: 1.May 18, 2022, Regular Meeting of the Mayor and City Council 2.May 15, 2024, Regular Meeting of the Mayor and City Council RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 5. Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards) Recommendation: Adopt Resolution No. 2024-144 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the cost recovery of public nuisance abatements. RESULT: ADOPTED RESOLUTION NO. 2024­144 [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 6. Investment Portfolio Report for April 2024 (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 April 2024. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Regular Meeting Annotated Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page 6 7. Approval of Commercial and Payroll Disbursements (All Wards) p. 535 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May 2024. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 8. Professional Services Agreements for Workers' Compensation 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 professional services agreements with the Hanna, Brophy, MacLean, McAleer & Jensen, Black & Rose and Goldman, Magdalin & Straatsma for Workers' Compensation Legal Services. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 9. Agreement with Selman Chevrolet and West Coast Lights and Sirens for vehicle purchase and build out (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the following: 3.The City Manager or designee, to execute a Goods Purchasing Agreement with Selman Chevrolet. 4.The Director of Finance and Management Services issue a purchase order to Selman Chevrolet in an amount not to exceed $115,770.38. 5.The Director of Finance and Management Services issue a purchase order to West Coast Lights and Sirens Inc., in an amount not to exceed $20,976.98. RESULT: APPROVED STAFF’S RECOMMENDATION [7­0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Regular Meeting Annotated Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page 7 10.Resolution List of Projects under SB1 2024/2025 Road Maintenance Program; and Authorizing the Director of Finance to Amend the FY 2024/25 Capital Improvement Plan, Recording Supplemental Appropriations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2024-146 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2024/25 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and 2.Adopt Resolution No. 2024-147 authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan, recording supplemental appropriations:In the amount of $5,787,126.00 in SB1 Fund and $1,355,877.50 in Gas Tax Fund, for a total additional appropriation of $7,143,003.50 for Street Rehabilitation Phase 1- 14 Locations Project (Project No. 13630). RESULT: ADOPTED RESOLUTION NOS. 2024­146 AND 2024­147, AND DIRECTED STAFF TO ASSESS COUNCIL MEMBER’S RECOMMENDATIONS FOR STREET REPAIRS FOR FUTURE CONSIDERATION [5­2] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: Sanchez, Figueroa 11.Award of Agreement for Construction of the Cross Street Bridge Replacement and Fairfax Elementary School Playground Restoration (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-148: 1.Approving the award of an Agreement with Jilk Heavy Construction, Inc. in the amount of $2,945,503.50 for Cross Street Bridge Replacement and Fairfax Elementary School Playground Restoration (Project); and 2.Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $467,440.78 for construction of the Project; and 3.Authorizing the Director of Finance and Management Services to amend the FY 2023/24 CIP budget with an additional $2,700,000 from the General Fund to bring the total project budget to $3,412,944.28; and Regular Meeting Annotated Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page 8 4.Authorizing the City Manager or designee to execute all documents with Jilk Heavy Construction, Inc.; and 5.Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6.Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). RESULT: ADOPTED RESOLUTION NO. 2024­148 [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 12. Award of Agreement for Construction of Speicher Park­ East Side Skate Park (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-149: 1.Approving the award of an Agreement with Grindline Skate Parks, Inc. in the amount of $1,031,932.88 for Speicher Park- East Side Skate Park (Project); and 2.Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $155,847.12 for construction of the Project; and 3.Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $415,000 from the AB 1600 Parkland and Op Fund to bring the total project budget to $1,187,780.00; and 4.Authorizing the City Manager or designee to execute all documents with Grindline Skate Parks Inc.; and 5.Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6.Finding the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). RESULT: ADOPTED RESOLUTION NO. 2024­149 [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Regular Meeting Annotated Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page 9 13. Relinquishment of Dement Street (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-150, accepting title, control, and maintenance of a reconstructed portion of Dement Street upon relinquishment by the State of California and receipt of written notices from the State that work thereon has been completed. RESULT: ADOPTED RESOLUTION NO. 2024­150 [7­0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None DISCUSSION 14. Adopt Resolution Establishing the Homeless Initiatives Ad Hoc Sub­ Committee (All Wards) Recommendation: Adopt Resolution No. 2024-141 of the Mayor and City Council of the City of San Bernardino, California, establishing the Homeless Initiatives Ad Hoc Sub-Committee. RESULT: ADOPTED RESOLUTION NO. 2024­141 [7­0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 15. Consideration of the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (All Wards) p. 1120 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-111; 1.Approving the Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. RESULT: ADOPTED RESOLUTION NO. 2024­111 [6­1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso Regular Meeting Annotated Agenda July 3, 2024 Mayor and City Council of the City of San Bernardino Page 10 MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided city-wide updates. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, July 3, 2024, at 7:41 PM. The meeting adjourned in memory of staff member Guadalupe “Lulu” Villareal, who was an employee in the Public Works department, and a moment of silence was observed in her honor. 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, July 17, 2024, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By:_________________________ Genoveva Rocha, CMC