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Home My WebLink AboutAnnotated Agenda 09-18-2024 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Annotated Agenda 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, SEPTEMBER 18, 2024 4:00 PM Closed Session was called to order at 4:00 PM by Mayor Helen Tran on Wednesday, September 18, 2024, 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 Absent 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 Thomas Rice Assistant 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 Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments for Closed Session. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.) Jaime Sanchez v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2321245 B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Interim City Manager C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mayor or other Mayor and Council designee Unrepresented employee: Acting City Manager/Interim City Manager D) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subsection (d) of Section 54956.9: one case. 5:00 P.M. The Regular Meeting was called to order at 5:05 PM by Viviana Frausto on behalf of Mayor Helen Tran on Wednesday, September 18, 2024, 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 Absent 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 Thomas Rice City Attorney Present Genoveva Rocha City Clerk Present Telicia Lopez Chief Deputy City Clerk Present Regular Meeting Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 3 INVOCATION AND PLEDGE OF ALLEGIANCE Elder Thomas Alexander from Grace Chapel of San Bernardino led the invocation, and Liliana Barajas and Viviana Frausto from Serrano Middle School led the Pledge of Allegiance. CLOSED SESSION REPORT Assistant City Attorney Thomas Rice reported that there was reportable action on Item D of Closed Session. The City Council voted 6 to 0, with a motion by Mayor Pro Tem Shorett, seconded by Council Member Sanchez to initiate litigation in a receivership action against the owner of 207 W 17th Street. At this time the agenda was reordered, and item No. 15 was heard. CONSENT CALENDAR 15. Approve $750,000 Funding Agreement with the County of San Bernardino for Gutierrez Park Field Improvements (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-203: 1. Authorizing the City Manager, or designee, to execute the Funding Agreement with the County of San Bernardino to receive $750,000 in County funds for Gutierrez Park baseball field improvements; and 2. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the County funds; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $750,000 in County funds to be used towards Gutierrez Park baseball field improvements. RESULT: ADOPTED RESOLUTION NO. 2024203 [60] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None At this time Supervisor Joe Baca Jr. presented a check to the Mayor and City Council for $750,000. Regular Meeting Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 4 PRESENTATIONS 1. Proclamation for California Native American Day in the City of San Bernardino – September 27, 2024 (All Wards) The Mayor and City Council presented the Proclamation to Alex Smith, Field Representative for Assemblymember James Ramos (AD-45) 2. Proclamation for Inland Counties Against Hate – San Bernardino AntiHate Forum & United Against Hate Week in the City of San Bernardino – September 21, 2024 – September 27, 2024 (All Wards) The Mayor and City Council presented the Proclamation to Inland Counties Anti-Hate Coalition which consists of the following members: Anthony Noriega, Director District 5 LULAC de inland Empire; Myles Ross, President Riverside Southwest NAACP Lake Elsinore; Emily Romero, Program Coordinator, Coalition for Humane Immigrant Rights, (CHIRLA); Christopher Vasquez, Regional Field Coordinator Coalition for Humane Immigrant Rights (CHIRLA); Sabrina Gonzales, Executive Director Southern California Civil Rights Institute; GusTavo A. Guerra Vásquez, Conciliation Specialist, Wester Region U.S. Department of Justice Community Relations Service. The San Bernardino event partners consist of the following: San Bernardino Mayor Helen Tran; Dr. Gilberto Contreras, President San Bernardino Valley College; Che Wright, First Vice-President, San Bernardino NAACP; Chache Wright. President, San Bernardino NAACP; Michael Lopez, Member of the Hispanic Small Business Coalition (HSBC) Board of Directors PUBLIC HEARING 3. Approval of the Draft Fiscal Year 20232024 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing on the draft Fiscal Year 2023-2024 Consolidated Annual Performance and Evaluation Report (FY23-24 CAPER); and 2. Authorize its submission to the United States Department of Housing and Urban Development. Mayor Tran opened the public hearing at 5:31 p.m. Housing Manager, Trina Perez gave a presentation. Regular Meeting Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 5 There was one request to speak. The public hearing was closed at 5:38 p.m. RESULT: APPROVED STAFF’S RECOMMENDATION [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None 4. Conduct a Public Hearing on New Building Code Adoption (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, Ordinance No. MC-1643 of the Mayor and City Council of the City of San Bernardino, California. 2. Conduct a Public Hearing for Ordinance No. MC-1643 of the Mayor and City Council of the City of San Bernardino, California, for September 18, 2024, adopting the new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code. 3. Adopt Ordinance No. MC-1643 October 2, 2024. Mayor Tran opened the public hearing at 5:39 p.m. Director of Community Development and Housing, Gabriel Elliot gave a presentation. There were no requests to speak. The public hearing was closed at 5:41 p.m. RESULT: INTRODUCED ORDINANCE NO. MC1643 [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None Regular Meeting Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 6 5. Appeal 2402 of Appeal 2401 for Development Permit TypeD 2118, 19, 20, and 21 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California 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 4.81 acres within the Commercial Regional (CR-3) zone. THE APPEAL FOR ITEM. NO 5 WAS WITHDRAWN BY THE APPELLANT PRIOR TO THE MEETING – NO ACTION WAS TAKEN BY THE CITY COUNCIL CITY MANAGER UPDATE Public Information Officer Jeff Kraus provided updates. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, Public Comments were heard. CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR, ITEM NO. 9 WAS PULLED FOR A SEPARATE VOTE [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None 6. Accept and Administer the FY 24/25 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant (2412083) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-205 authorizing: 1. The City Manager to accept and administer the FY 2024/25 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and 2. The Director of Finance & Management Services to amend the FY 2024/25 Adopted Budget by $590,000 in both revenue and expenditures Regular Meeting Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 7 RESULT: ADOPTED RESOLUTION NO. 2024205 [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None 7. Accept the Johns Hopkins Bloomberg Center of Public Innovation 2.0 Project Love Your Block Grant (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-204, and: 1. Authorize the City Manager, or designee, to accept grant award funds in the amount of $100,000.00 for the Bloomberg Center of Public Innovation 2.0 Project (Love Your Block Grant); and 2. Authorize the City Manager, or designee, to execute a Subaward Agreement and any subsequent amendments with Johns Hopkins University (JHU) for the Bloomberg Center for Public Innovation 2.0 Project (Love Your Block Grant) to carry out the service deliverables for the period of May 1, 2024, through April 30, 2026; and 3. Authorize the Director of Finance & Management Services to amend and appropriate the $100,000.00 for the Love Your Block Grant award in both revenues and expenditures to the Fiscal Year 2024/25 Operating Budget. RESULT: ADOPTED RESOLUTION NO. 2024204 [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None 8. Investment Portfolio Report for June 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 June 2024. RESULT: APPROVED STAFF’S RECOMMENDATION [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None Regular Meeting Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 8 9. Award of Agreement for Construction of Lytle Creek Futsal Field Project (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-206: 1. Approving the award of an Agreement with KYA Services, LLC. in the amount of $633,472.00 for the Lytle Creek Futsal Field (Project). 2. Authorizing the construction contingencies, construction management, and administrative costs in the total amount of $99,025.66 for construction of the Project. 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 CIP budget with an additional $140,000.00 from the Cultural Development Construction Fund to bring the total project budget to $740,000.00. 4. Authorizing the City Manager or designee to execute all documents with KYA Services, LLC. 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 § 15303 (“New Construction or Conversion of Small Structures”). Council Member Figueroa pulled Item No. 9 to recognize the great work of staff for completing the futsal field project. RESULT: ADOPTED RESOLUTION NO. 2024206 [60] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None 10. Authorization to Proceed with Investigation and Analysis for Proposed Street Vacation #15.30442, a Portion of Iola Place (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation, #15.30-442, of a portion of Iola Place. RESULT: APPROVED STAFF’S RECOMMENDATION [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None Regular Meeting Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 9 11. Adoption of Ordinance No. MC1642 (Annexation 28A) (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1642 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 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. MC1642 [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None 12. Accept Grant Funds from Best Friends Animal Society (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2024-202: 1. Accepting grant funding in the amount of $25,000 from Best Friends Animal Society; and 2. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenses and appropriate $25,000 to be used towards animal shelter programs and services. RESULT: ADOPTED RESOLUTION NO. 2024202 [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None Regular Meeting Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 10 13. Renewal of all necessary contracts associated with Microsoft O365 Enterprise License Subscription and Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager to execute the Microsoft Volume Licensing Enterprise Enrollment; and the Professional Software Service Agreement with Insight Public Sector Inc., for a term of 36-months. RESULT: APPROVED STAFF’S RECOMMENDATION [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None 14. Specific Plan Amendment 2302 and Conditional Use Permit Revision 2311 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California , adopt Ordinance No. MC-1641 of the Mayor and City Council of the City of San Bernardino, California, approving Specific Plan Amendment 23-02 amending the CalMat/Cajon Creek Specific Plan Design Guidelines governing mining depths and areas within the City of San Bernardino Areas K, L, M, and N (Attachment 1). RESULT: ADOPTED ORDINANCE NO. MC1641 [60] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso NOES: None DISCUSSION 16. American Rescue Plan Update (Fall 2024) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file an update on City of San Bernardino American Rescue Plan Act (ARPA) projects, allocations, and spending to date; and 2. Authorize the City Manager to formally obligate ARPA funds for City led projects per U.S Department of Treasury Guidelines, by executing Inter-Agency agreements for previously City Council approved ARPA projects; and 3. Provide staff direction on any unassigned ARPA funds. Regular Meeting Annotated Agenda September 18, 2024 Mayor and City Council of the City of San Bernardino Page 11 There was discussion on this item, but action was only taken on item No. 2 of the recommendation, allowing staff to move forward with previously approved City Council projects. Council member Ibarra left the dais at 7:41 p.m. and returned at 7:56 p.m. She was not present for the vote on Item No. 16. RESULT: AUTHORIZED THE CITY MANAGER TO FORMALLY OBLIGATE ARPA FUNDS FOR CITY LED PROJECTS PER U.S DEPARTMENT OF TREASURY GUIDELINES, BY EXECUTING INTERAGENCY AGREEMENTS FOR PREVIOUSLY APPROVED CITY COUNCIL ARPA PROJECTS [50] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander ABSENT: Sandra Ibarra and Ben Reynoso NOES: None MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, September 18, 2024, at 8:03 PM, in honor of Cora Hidalgo Holland, a San Bernardino native who was a victim of the September 11, 2021 World trade Center attack. 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, October 2, 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, City Clerk