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HomeMy WebLinkAbout03-03-2021 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 JOIN POWERS FINANCING AUTHORITY WEDNESDAY, MARCH 3, 2021 5:30 PM CALL TO ORDER The Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, March 3, 2021, via Web-Conference. Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:31 p.m. Sandra Ibarra Mayor Pro-Tem, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present 5:31 p.m. Kimberly Calvin Council Member, Ward 6 Present Damon L. Alexander Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha City Clerk Present Sonia Carvalho City Attorney Present Robert D. Field City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/4/2021 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, commented on the lawsuits on the Closed Session Agenda against the Mayor. CLOSED SESSION 1. Closed Session (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2015337 b. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS203562 c. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538 d. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 e. Don Smith v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVSB2025375 f. Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(c): Two Cases 7:00 P.M. Mayor Valdivia called the regular meeting to order at 7:04 p.m. in memory of Pastor Alan Rosenberg. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia asked Council Member Reynoso to lead the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Carvalho reported that there is no reportable action. CITY MANAGER UPDATE City Manager Field spoke on the City’s financial status, current projects and events in the City, and commented on Parks and Recreation sponsoring various Cesar Chavez celebrations throughout the month of March. APPOINTMENTS 2. Planning Commission Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Ronnie E. Lewis, III to the Plannin g Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/4/2021 Commission, representing Ward 7. Mr. Lewis will replace Edward G. Woolbert with the term ending December 2024. 3. Animal Control Commission Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardi no, California, approve the appointment of Ms. Alberta (Bertie) R. Vanettes to the Animal Control Commission representing Ward 7. Ms. Vanettes will replace Marilyn F. Taub with the term ending December 2024. 4. General Plan Advisory Committee Appointment (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Paul Guerrero to the General Plan Advisory Committee representing Ward 1 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY MAYOR PRO TEM IBARRA, to approve the appointments of Mr. Ronnie E. Lewis to the Planning Commission, Ms. Alberta R. Vanettes to the Animal Control Commission, and Mr. Paul Guerrero to the General Plan Advisory Committee. RESULT: APPROVED THE APPOINTMENTS OF MR. RONNIE E. LEWIS TO THE PLANNING COMMISSION, MS. ALBERTA R. VANETTES TO THE ANIMAL CONTROL COMMISSION, AND MR. PAUL GUERRERO TO THE GENERAL PLAN ADVISORY COMMITTEE, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Sandra Ibarra, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None PRESENTATIONS 5. Proclamation - National Employee Appreciation Day - March 5, 2021 (All Wards) Mayor Valdivia read the National Employee Appreciation Day Proclamation and thanked City staff for their service to the City of San Bernardino. Mayor Pro Tem Sanchez stated that staff is the foundation for the City’s success, asked that City Council commit to supporting staff if they are being mistreated, and stated that staff deserves respect and support. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Gigi Palaceros, San Bernardino, commented on downtown development and utilizing property other than the Carousel Mall location. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/4/2021 Brendan B., San Bernardino, commented on the delay in the redevelopment of the Carousel Mall. Mike Jones, San Bernardino, commented on corrupt politicians in the City and the delay in the redevelopment of the Carousel Mall. David Freedman, Andrew Thompson, and Treasure Ortiz, San Bernardino, spoke in opposition of City staff being in charge of the Carousel Mall Project and expressed their support for Renaissance Downtown USA/ICO Real Estate Group. Victor Velascar, San Bernardino, commented on redeveloping Carousel Mall and providing easier access to the freeway. Paul Sandborn, San Bernardino, spoke on City Council Code of Conduct, demolishing the Carousel Mall, and the need for a fire station in Ward 6. Ryan Berryman, San Bernardino, asked if the Mayor and City Council would consider proclaiming June Fatherhood Awareness Month. Amy Vasquez, Hardy Brown, and Victor Suarez, San Bernardino, expressed their support for Renaissance Downtown USA/ICO Real Estate Group and commented on the Code of Conduct at the February 24, 2021 Special Meeting. Anonymous, Robert Porter, and Lopez San Bernardino, commented on the Code of Conduct at the February 24, 2021 Sp ecial Meeting and spoke in favor of reopening the bids for the Carousel Mall Property. Jeanette Mckay, Aaron Sines, Trevor Caltivan, Karen Madrigal, Carl Danmer, Jocelyn Doherty, Veronica Triggers, Nick, Juan Avedo, Juan Munoz, Angel Suarza, Omar Covin, Margaret Hill, Daniel, Jacob Kleespies, Julio Flores, and Anthony Cervantes, San Bernardino, expressed their support for Renaissance Downtown USA/ICO Real Estate Group for the Carousel Mall Project. Robert Ardelino, San Bernardino, spoke in opposition of City staff being in charge of the Carousel Mall Project and expressed the need for City Council to choose a developer. Luis Aragon, Abraham, San Bernardino, expressed the need for City Council to choose a developer for the Carousel Mall Project. Shirley Harlan, San Bernardino, commented on the Code of Conduct at the February 24, 2021 Special Meeting and litigation on the Closed Session Agenda. Christian Flores, Ricardo Cisneros, Eric Ian, Savinna Walbert, Joanna, San Bernardino, Celene Perez, Inland Empire Labor Council, and Yasi Cabasade, representative of the Sierra Club, spoke on the need for a Community Benefits Agreement for the redevelopment of the Carousel Mall. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/4/2021 Anonymous, San Bernardino, spoke on the need to fix City streets, Police Department responding timely to residents and the need for the public be aware of issues involving the Mayor. Javier Hernandez, San Bernardino, asked City Council to include the public in the plan for the redevelopment of the Carousel Mall. Maribel Nunez, San Bernardino, expressed her support for Renaissance Downtown USA/ICO Real Estate Group for the Carousel Mall Project and suggested non-profits for the City to consider for the Emergency Rental Assistance Program. Michael Segura, Miriam Nickel, and Athena Tam, San Bernardino, spoke in favor of reopening the bids for the Carousel Mall Property. Paula Funk, San Bernardino, commented on the lawsuits on the Closed Session Agenda against the Mayor. Jeff Green, Inland Equity Partnerships, Benny Sanchez, and Christopher, San Bernardino, suggested non-profits for the City to consider for the Emergency Rental Assistance Program. Leticia Garcia, San Bernardino, expressed their support for Renaissance Downtown USA/ICO Real Estate Group for the Carousel Mall Project and the n eed for the City to renovate the City Hall building. Russell Palmers, San Bernardino, commented on utilizing the Carousel Mall property for indoor and outdoor cannabis events. Susan Lien Longville, San Bernardino, spoke in favor of rejecting all options for the redevelopment of Carousel Mall and asked Council to consider smaller planning areas that would consist of residential, commercial and mixed use. Roxanna Barrera, San Bernardino, commented on the Code of Conduct at the February 24, 2021 Special Meeting. The Public Hearing items were heard out of agenda order, before Staff Reports. PUBLIC HEARINGS Council Member Calvin asked for the staff to present Public Hearing Item No. 15. Shane Spicer with Spicer Consulting provided a presentation of the Public Hearing item. Council Member Calvin asked if homeowners in the surrounding area will be taxed. Mr. Spicer advised only the property owner will be taxed. Council Member Reynoso asked for clarification what residents will be paying for in the area where the special tax will be imposed. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/4/2021 Mr. Spicer advised that there are currently no residential owners and potential new owners will be notified of the special tax on the property. The intent is to mitigate the impacts the new developments will have on services provided to the existing community. Council Member Sanchez commented on the special taxes, clarifying that they are commonly referred to as Mello-Roos and added that new developments would not be possible without the special taxes. 12. Community Facilities District No. 2018-1 (Safety Services) Annexation No. 3 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2021-38 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2021-39 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the March 3, 2021 annexation and special tax election. Mayor Valdivia opened the Public Hearing at 8:49 p.m. City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Mayor Valdivia closed the Public Hearing at 9:02 p.m. MOTION BY COUNCIL MEMBER FIGUEROA, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-38 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN, CARRIED (5-2) MOVER: Juan Figueroa, Ward 3 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER FIGUEROA, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-39 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) CERTIFYING THE RESULTS OF THE MARCH 3, 2021 ANNEXATION AND SPECIAL TAX ELECTION, CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Juan Figueroa, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin 13. Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 7 (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. 2021-40 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. 7); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2021-41 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. 7); Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/4/2021 5. Introduce Ordinance No. MC-1554 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 2021 -22 to pay the annual costs of the maintenance and servicing of landsca ping, lighting, streets, street sweeping, 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 final reading and adoption of Ordinance No MC-1554 for March 17, 2021. Mayor Valdivia opened the Public Hearing at 9:06 p.m. City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Mayor Valdivia closed the Public Hearing at 9:07 p.m. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-40 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. 7), CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-41 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. 7), CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/4/2021 MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY MAYOR PRO TEM IBARRA, to approve staff’s recommendation RESULT: INTRODUCED ORDINANCE NO. MC-1554 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 2021-22 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, STREETS, STREET SWEEPING, 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 SCHEDULED THE FINAL READING AND ADOPTION OF ORDINANCE NO MC-1554 FOR MARCH 17, 2021, CARRIED (5-2) MOVER: Theodore Sanchez, Ward 1 SECONDER: Sandra Ibarra, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin 14. Community Facilities District No. 2021-1 (Ferree Street) Formation (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a public hearing; 2. Adopt Resolution No. 2021-42 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding Agreement; 3. Adopt Resolution No. 2021-43 of the Mayor and City Council of the City of San Bernardino, California, determining the necessity to incur a bonded indebtedness for Community Facilities District No. 2021-1 (Ferree Street), submitting to the qualified electors of the Community Facilities District a proposition to authorize the levy of a special tax therein, to authorize such Community Facilities District to incur a bonded indebtedness secured by the levy of a special therein to finance certain types of public facilities and to establish an appropriations limit for such Community Facilities District and calling a special election for the Community Facilities District on a proposition for incurring such bonded indebtedness; 4. Adopt Resolution No. 2021-44 of the Mayor and City Council of the City of San Bernardino, California calling a special election and submitting to the voters of Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino propositions regarding the annual levy of special taxes within the Community Facilities District to pay principal of and interest on bonds thereof and to pay the costs of public facilities and establishing an appropriations limit Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/4/2021 therefor; 5. Adopt Resolution No. 2021-45 of the Mayor and City Council of the City of San Bernardino, California declaring the results of the consolidated special elections within Community Facilities District No. 2021-1 (Ferree Street); and 6. Conduct first reading of Ordinance No. MC-1555 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2021-1 (Ferree Street), authorizing the levy of special taxes in such community facilities district. Mayor Valdivia opened the Public Hearing at 9:12 p.m. City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Mayor Valdivia closed the Public Hearing at 9:13 p.m. MOTION BY COUNCIL MEMBER FIGUEROA, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-42 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND THE BOUNDARIES THEREOF AND APPROVING A FUNDING AGREEMENT; ADOPTED RESOLUTION NO. 2021-43 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET), SUBMITTING TO THE QUALIFIED ELECTORS OF THE COMMUNITY FACILITIES DISTRICT A PROPOSITION TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF A SPECIAL THEREIN TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT ON A PROPOSITION FOR INCURRING SUCH BONDED INDEBTEDNESS; ADOPTED RESOLUTION NO. 2021-44 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) OF THE CITY OF SAN BERNARDINO PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY PRINCIPAL OF AND INTEREST ON BONDS Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/4/2021 THEREOF AND TO PAY THE COSTS OF PUBLIC FACILITIES AND ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR, CARRIED (5-2) MOVER: Juan Figueroa, Ward 3 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-45 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING THE RESULTS OF THE CONSOLIDATED SPECIAL ELECTIONS WITHIN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET), CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: CONDUCT FIRST READING OF ORDINANCE NO. MC-1555 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET), AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT, CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin 15. Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 8 (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2021-46 of the Mayor and City Council of the City of Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 12 Printed 3/4/2021 San Bernardino, California, calling for 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. 8); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2021-47 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. 8); 5. Introduce Ordinance No. MC-1556 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 2021 -22 to pay the annual costs of the maintenance and servicing of landscaping, lighting, stre ets, street sweeping, 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 final reading and adoption of Ordinance No MC-1556 for March 17, 2021. Mayor Valdivia opened the Public Hearing at 9:21 p.m. City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Mayor Valdivia closed the Public Hearing at 9:22 p.m. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER FIGUEROA, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-46 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING FOR 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. 8); CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Juan Figueroa, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 13 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-47 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. 8), CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: INTRODUCED ORDINANCE NO. MC-1556 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 2021-22 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, STREETS, STREET SWEEPING, 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 SCHEDULED THE FINAL READING AND ADOPTION OF ORDINANCE NO MC-1556 FOR MARCH 17, 2021, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None STAFF REPORTS 6. Commercial Cannabis Business Permit Forfeitures Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept the Commercial Cannabis Business Permit Forfeitures Update. Economic Development Specialist Sanchez provided an update on the commercial cannabis business permit forfeitures update. City Council asked questions regarding the Commercial Cannabis Business Application Ranking List. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 14 Printed 3/4/2021 RESULT: RECEIVED AND FILED 7. Carousel Mall - Developer Selection (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California receive a report and provide staff direction regarding the development of the Carousel Mall property. MOTION BY COUNCIL MEMBER CALVIN, SECONDED BY MAYOR PRO TEM IBARRA, to select Renaissance Downtown USA/ICO Real Estate Group and direct the City Manager to negotiate an Exclusive Negotiation Agreement for consideration by the Mayor and City Council. SUBSTITUTE MOTION BY COUNCIL MEMBER ALEXANDER, to select Renaissance Downtown USA/ICO Real Estate Group and direct the City Manager to negotiate an Exclusive Negotiation Agreement for consideration by the Mayor and City Council; create a three person Ad-Hoc Committee consisting of Wards 1, 2, and 3; create a Citizens Committee consisting of nine members, one from each Ward and two appointed by the Mayor, to oversee the Community Benefits Agreement and work in conjunction with the Ad- Hoc Committee and the developer; hire two additional administrators, one in the Public Works Department and one in the Community and Economic Development Department to maintain service levels; and direct the City Manager to bring back a resolution reflecting the actions of City Council at the next regular meeting. There was no second. Council Member Reynoso commented on choosing a developer, expressing that he is in support of Renaissance Downtown USA/ICO Real Estate Group and that the Community Benefits Agreement needs to emphasize local hires, minority business owners have a place in the development, career employment is at the forefront, and affordable housing. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER FIGUEROA, to end the current process and direct the City Manager to master plan the Carousel Mall in conjunction with the Downtown Specific Plan process. Council Member Sanchez asked for clarification on the specifics of the staff recommended Option 3 and at what capacity the City would be involved and if it would preclude the City from a Community Benefits Agreement. City Manager Field advised that the City would contract with a consultant to complete the Master Plan of the site, determining what types of development would occur and the potential to accelerate the development process, and stated tha t a Community Benefits Agreement would still be included in the process. Council Member Alexander commented on representation from every Ward to work with the City and the developer on a Community Benefits Agreement. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 15 Printed 3/4/2021 Council Member Figueroa asked if the City has assessed the value of the Carousel Mall Property and commented on the proposals received, stating that the aspect of attracting people to the downtown area was lacking. City Manager Field advised that City has not appraised the site and expressed that the value may go up if the building was demolished beforehand. Mayor Pro Tem Ibarra commented that if City Council chose Option 3, it would mean starting over and it would not be fair to the top candidates Council Member Shorett commented on the numerous benefits the redevelopment of the Carousel Mall will provide to the community and expressed that the motion include a timeframe for an agreement to be brought back to the Mayor and City Council. Council Member Sanchez requested that a 90 -day or 120-day timeframe be added to the motion for staff to bring back to City Council an agreement. Council Member Calvin stated that the timeframe was not part of her original motion to approve Option 2. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER FIGUEROA, to select Renaissance Downtown USA/ICO Real Estate Group and direct the City Manager to negotiate an Exclusive Negotiation Agreement for consideration by the Mayor and City Council with the requirement of having a signed agreement in 120 days. Council Member Shorett suggested adding up to 120 days with a report to the Mayor and City Council every 30 days. Council Member Calvin asked if the prior staff report mentioned 12 -18 months to have a signed agreement and commented that the timeframe of 120 days is a big difference from what was included in the prior staff report and expressed she did not agree. Council Member Reynoso commented that the developer mentioned the project would be built in 15 years. Council Member Shorett stated that the 15-year timeframe is unacceptable and that can be included in the agreement. Council Member Sanchez commented on coming up with basic agreement terms within the 120 days. City Manager Field asked for clarification on the agreement and advised that staff can have a framework completed in 90 days; however, it would be difficult to have the agreement completed so quickly and the City is not staffed to negotiate the agreemen t due to the complexities involved. Council Member Calvin commented on community input. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 16 Printed 3/4/2021 Council Member Shorett suggested the motion to include 120 days to have the framework of deal points complete. Council Member Calvin suggested the motion to include 120 days to enter into a n Exclusive Negotiation Agreement. City Manager Field advised that approval in 120 days would not be feasible, and asked if staff could instead negotiate the framework of the deal points within 120 days. Mr. Field also advised that the deal points would be brought back to the Mayor and City Council. Council Member Sanchez commented that if Option 2 is chosen, he wants to make sure that it is feasible. Council Member Calvin agreed with Council Member Sanchez, and added that 6 months is a more ideal timeframe. Council Member Shorett stated that the timeframe is just to provide framework of deal points and would like a deadline to move the project along as fast as possible with updates. Council Member Calvin stated that she will amend her motion to include a 6 month timeframe to negotiate the framework of the deal points. Council Member Shorett stated he would second the motion. MOTION BY COUNCIL MEMBER CALVIN, SECONDED BY COUNCIL MEMBER SHORETT, to approve Option 2 with an amended recommendation. RESULT: SELECTED RENAISSANCE DOWNTOWN USA/ICO REAL ESTATE GROUP AND DIRECT THE CITY MANAGER TO NEGOTIATE AN EXCLUSIVE NEGOTIATION AGREEMENT FOR CONSIDERATION BY THE MAYOR AND CITY COUNCIL AND HAVE THE DEAL POINT FRAMEWORK OF THE EXCLUSIVE NEGOTIATION AGREEMENT COMPLETED IN SIX MONTHS, CARRIED (6-1) MOVER: Kimberly Calvin, Ward 5 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: Figueroa Council Member Shorett asked for a point of clarity and asked if the motion that was approved included updates every 30 days. City Clerk Rocha advised that it was not included in the motion. MOTION BY COUNCIL MEMBER SHORETT, to reconsider Item No. 7. There was no second. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 17 Printed 3/4/2021 Council Member Sanchez asked the City Manager if the action of updating City Council every 30 days can be done administratively. City Manager Field advised that updates would be brought back to City Council every 30 days, with the possibility of more frequent updates. Council Member Calvin asked the Mayor if he could have the City Clerk repeat the motion because there has been some confusion. Council Member Shorett commented that the item needs to be reconsidered. MOTION BY COUNCIL MEMBER SHORETT, to reconsider Item No. 7. Mayor Valdivia asked if there was a second to Council Member Shorett’s motion. There was no second to the motion. 8. 2021 SCAG General Assembly Delegate and Alternate (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of a Delegate and Alternate to the 2021 Southern California Association of Governments (SCAG) Regional Conference and General Assembly (GA) May 6, 2021, remote participation only web -conference via Zoom. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY MAYOR PRO TEM IBARRA, to approve the selection of a Delegate and Alternate. RESULT: APPROVED THE SELECTION OF COUNCIL MEMBER ALEXANDER AS THE DELEGATE AND COUNCIL MEMBER SHORETT AS THE ALTERNATE FOR THE 2021 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL CONFERENCE AND GENERAL ASSEMBLY (GA) ON MAY 6, 2021, REMOTE PARTICIPATION ONLY WEB- CONFERENCE VIA ZOOM, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Sandra Ibarra, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexan der NOES: None 9. FY 2020/21 Mid-Year Budget Report (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and File the FY 2020/21 Mid-Year Budget Report; 2. Authorize staff to proceed with preparing and soliciting Requests for Proposals (RFPs) for the replacement of the City’s building and safety permitting system, Public Works work order and asset management system, and financial Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 18 Printed 3/4/2021 management payroll and timekeeping system; and 3. Authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council. COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER REYNOSO, to authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council, receive and adopt the mid -year budget report with the amendments of removing the $82,000 from the Police Department budget, and direct the City Manager to make an internal hire for the Deputy Director for the Community and Economic Development Department. Council Member Shorett commented that the City employees are our great est asset; however, the City should still consider hiring an external candidate. City Attorney Carvalho commented on the motion, and advised City Council that the City Charter states that the City Manager has the sole authority in hiring and appointing City staff. Council Member Alexander stated that he would amend his motion to encourage the City Manager to make an internal hire for the Deputy Director position. Council Member Reynoso added if Council Member Alexander would include diversity in his motion. Council Member Alexander agreed with the addition. COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER REYNOSO, to authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council, receive and adopt the mid -year budget report with the amendments of removing the $82,000 from the Police Department budget, and encourage the City Manager to make an internal hire and include diversity for the Deputy Director for the Community and Economic Development Department. Mayor Pro Tem Ibarra asked questions regarding the $180,000 for election costs from San Bernardino County, the full-time office assistant position, and stated that she will not be able to approve the Deputy City Clerk position at this time. Mayor Pro Tem Ibarra also stated that she had previously recommended removing the Public Information Officer position from the City Manager’s Office. Finance Director Whitehorn provided a presentation to the Mayor and City Council reviewing the recommendations City Council previously provided to staff. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff’s recommendations. MOTION FAILED 3-4 (MAYOR PRO TEM IBARRA, COUNCIL MEMBERS REYNOSO, Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 19 Printed 3/4/2021 CALVIN, AND ALEXANDER OPPOSED) Mayor Valdivia asked City Clerk Rocha to take a roll call vote on Council Member Alexander’s original motion. Council Member Sanchez asked where the $82,000 that is being removed the Police Department’s budget will go. Council Member Sanchez asked if Council Member Alexander would be amenable to include in his motion for an item to be brought back to City Council with several options, including the original staff recommendation, o f how to spend the $82,000. Council Member Alexander stated he would include it in his motion. Council Member Reynoso retracted his second on Council Member Alexander’s motion. COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER SANCHEZ, to authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council, receive and adopt the mid -year budget report with the amendments of removing the $82,000 from the Police Department budget, encourage the City Manager to make an internal hire and include diversity for the Deputy Director for the Community and Economic Development Department, and bring back an item to City Council with several options, including the original staff recommendation, of how to spend the $82,000. MOTION FAILED 3-4 (MAYOR PRO TEM IBARRA, COUNCIL MEMBERS FIGUEROA, SHORETT, AND REYNOSO OPPOSED) COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER REYNOSO, to authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council, receive and adopt the mid -year budget report with the amendments of removing the $82,000 from the Police Department budget, and encourage the City Manager to make an internal hire and include diversity for the Deputy Director for the Community and Economic Development Department. MOTION FAILED 3-4 (COUNCIL MEMBER SANCHEZ, MAYOR PRO TEM IBARRA, COUNCIL MEMBERS FIGUEROA AND SHORETT OPPOSED) COUNCIL MEMBER SHORETT MOTIONED, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve the original recommendation from staff. MOTION FAILED 3-4 (MAYOR PRO TEM IBARRA, COUNCIL MEMBERS REYNOSO, CALVIN AND ALEXANDER OPPOSED) COUNCIL MEMBER FIGUEROA MOTIONED, SECONDED BY COUNCIL MEMBER REYNOSO, to move to the next agenda item. COUNCIL MEMBER SANCHEZ MOTIONED, SECONDED BY COUNCIL MEMBER SHORETT, to reconsider Council Member Alexander’s motion. CARRIED 6-1 (MAYOR PRO TEM IBARRA OPPOSED) COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 20 Printed 3/4/2021 REYNOSO, to approve staff’s revised recommendations with amendments. RESULT: AUTHORIZED THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 BUDGET AS OUTLINED IN THE FY 2020/21 MID-YEAR BUDGET REPORT TO INCLUDE RECOMMENDED CHANGES FROM THE MAYOR AND CITY COUNCIL; AND RECEIVED AND ADOPTED THE MID-YEAR BUDGET REPORT WITH THE AMENDMENTS OF REMOVING THE $82,000 FROM THE POLICE DEPARTMENT BUDGET, AND ENCOURAGED THE CITY MANAGER TO MAKE AN INTERNAL HIRE AND INCLUDE DIVERSITY FOR THE DEPUTY DIRECTOR POSITION, CARRIED (5-2) MOVER: Damon L. Alexander, Ward 7 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra, Figueroa 10. Design Services Agreement for Nicholson Neighborhood Park Improvements (Ward 6) Recommendation Adopt Resolution No. 2021-37 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Design Services Agreement with RHA Landscape Architects Planners, Inc., in the amount of $215,295 for Design Services for the Nicholson Neighborhood Park Improvements Project (PR21 -006). Public Works Director Jensen provided a presentation of the staff report. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER CALVIN, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-37 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A DESIGN SERVICES AGREEMENT WITH RHA LANDSCAPE ARCHITECTS PLANNERS, INC., IN THE AMOUNT OF $215,295 FOR DESIGN SERVICES FOR THE NICHOLSON NEIGHBORHOOD PARK IMPROVEMENTS PROJECT (PR21-006), CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Kimberly Calvin, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 21 Printed 3/4/2021 11. Third Amendment to Lease Agreement with Vanir Tower Building, Inc. (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2021-33 authorizing the City Manager to execute Amendment No. 3 to the Lease Agreement with Vanir Tower Building, Inc., for 290 North D Street, San Bernardino, California, increasing rental space to include Suite 803, and extending the Lease Agreement through June 30, 2024. Public Works Director Jensen provided a presentation of the staff report. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation with an amendment. Council Member Calvin stated that the City needs to have a plan of moving into a permanent City Hall. Council Member Shorett agreed, however it should be a separate discussion. City Manager advised there is a workshop schedule for March 31, 2021 to discuss City Hall options. City Council Figueroa stated that he would like to make sure the move would be for Human Resources staff only. Mayor Pro Tem Ibarra asked if relocating to other buildings in the City would be feasible. Public Works Director Jensen commented on minimal space. Council Member Alexander commented on a private partnership agreement. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 22 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-33 AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE LEASE AGREEMENT WITH VANIR TOWER BUILDING, INC., FOR 290 NORTH D STREET, SAN BERNARDINO, CALIFORNIA, INCREASING RENTAL SPACE TO INCLUDE SUITE 803, AND EXTENDING THE LEASE AGREEMENT THROUGH JUNE 30, 2024 WITH THE ADDITION THAT SHOULD THE CITY MANAGER DETERMINE MORE SPACE IS NEEDED FOR STAFF, AN ITEM WILL BE BROUGHT BACK TO THE CITY COUNCIL FOR THEIR CONSIDERATION, CARRIED (5-2) MOVER: Fred Shorett, Ward 3 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra, Figueroa 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. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve the Consent Calendar and pull item Nos. 16, 18, 19, 2 0, 21, 23, 25, and 28. City staff advised that Consent Calendar Item No. 21 will be pulled and brought back to City Council at a later time. Council Member Reynoso pulled Item Nos. 16, 18, 19, 20 and 28 and asked when it would be appropriate to make a motion to never have more than 20 items on the agenda. Council Member Alexander pulled Item Nos. 23 and 25. Council Member Figueroa advised that he will be abstaining on Consent Calendar Item No. 22. RESULT: APPROVED THE CONSENT CALENDAR AND PULL ITEM NOS. 16, 18, 19, 20, 21, 23, 25, and 28, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 16. Biennial Review and Amendments to the City's Conflict of Interest Code (All Wards) Recommendation Adopt Resolution No. 2021-48 of the Mayor and City Council of the City of San Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 23 Printed 3/4/2021 Bernardino, California, approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. Council Member Reynoso pulled Item No. 16 for discussion. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-48 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 3 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 17. Approval of the Mayor and City Council Meeting Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes from the May 6, 2020, February 11, 2021, and February 24, 2021, Mayor and City Council meetings. 18. Executive Order Extending Deadlines for Entitlements (All Wards) Recommendation Adopt Resolution No. 2021-49 of the Mayor and City Council of the City of San Bernardino, California, ratifying Executive Order 2021 -01 of the Director of Emergency Services for the City of San Bernardino, California, enacting and implementing time extensions for land use entitlements, bui lding plan check approvals, building permits, and other miscellaneous deadlines due to the impacts of the novel coronavirus (COVID-19) and other protective measures during a period of local emergency. Council Member Reynoso pulled Item No. 18 for discussion and asked for clarification on projects that were delayed. Community and Economic Development Director Huntley advised that this would provide fair and equitable treatment to those impacted by COVID -19. MOTION BY COUNCIL MEMBER REYNOSO, to deny Resolution No. 2021-49. There was no second. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-49 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 24 Printed 3/4/2021 RATIFYING EXECUTIVE ORDER 2021-01 OF THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY OF SAN BERNARDINO, CALIFORNIA, ENACTING AND IMPLEMENTING TIME EXTENSIONS FOR LAND USE ENTITLEMENTS, BUILDING PLAN CHECK APPROVALS, BUILDING PERMITS, AND OTHER MISCELLANEOUS DEADLINES DUE TO THE IMPACTS OF THE NOVEL CORONAVIRUS (COVID-19) AND OTHER PROTECTIVE MEASURES DURING A PERIOD OF LOCAL EMERGENCY, CARRIED (5-2) MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin NOES: Reynoso, Alexander 19. First Amendment to the Community Development Block Grant Coronavirus Subrecipient Agreement Between the City of San Bernardino and the Housing Authority of the County of San Bernardino (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-50 authorizing the execution of the First Amendment to the Community Development Block Grant Coronavirus Subrecipient Agreement between the City of San Bernardino and the Housing Authority of the County of San Bernardino; and 2. Authorize the City Manager or Designee to take any further actions and execute the First Amendment to the Agreement between the City of San Bernardin o and the Housing Authority of the County of San Bernardino. Council Member Reynoso pulled Item No. 19 for discussion. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 25 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-50 AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ANY FURTHER ACTIONS AND EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO, CARRIED 7-0 – Passed Unanimously MOVER: Ben Reynoso, Ward 5 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 20. Agreement with State of California for Permanent Local Housing Allocation (PLHA) Program (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-51 authorizing the City Manager or Designee to enter into an agreement with the State of California for the Permanent Local Housing Allocation program and the accept the $1,622,027 grant; and 2. Direct the Finance Director to amend the FY 2020/21 adopted budget to establish a new fund and program for PLHA for $1,622,027. Council Member Reynoso pulled Item No. 20 for discussion. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER ALEXANDER, to adopt Resolution No. 2021-51 authorizing the City Manager or Designee to enter into an agreement with the State of California for the Permanent Local Housing Allocation program and the accept the $1,622,027 grant, direct the Finance Director to amend the FY 2020/21 adopted budget to establish a new fund and program for PLHA for $1,622,027, with the addition of allocating $500,000 out of the $1,622,021 for rehabilitation services for the homeless. SUBSTITUTE MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER REYNOSO, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-51 AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM AND THE ACCEPT Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 26 Printed 3/4/2021 THE $1,622,027 GRANT AND DIRECTED THE FINANCE DIRECTOR TO AMEND THE FY 2020/21 ADOPTED BUDGET TO ESTABLISH A NEW FUND AND PROGRAM FOR PLHA FOR $1,622,027, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 3 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 21. Code Amendment - Downtown Advisory Committee Final Reading (Wards 1 & 3) Recommendation Accept the final reading and adopt Ordinance MC-1552 of the Mayor and City Council of the City of San Bernardino, California, adopting a Code Amendment to Section 2.17.040 related to Appointment-Registered voters requirement- Compensation-Oath, with the amendments identified by the Mayor and Ci ty Council motion to approve the ordinance. City staff pulled Item No. 21 from the Consent Calendar and will be brought back to City Council at a later time. 22. Memorandum of Understanding to Support the Making Hope Happen Foundation Prepare a Promise Neighborhoods Program Application in Partnership with San Bernardino City Unified School District (Ward: 1, 4 and 7) Recommendation Adopt Resolution No. 2021-52 of the Mayor and City Council of the City of San Bernardino, California, directing the City Manager to sign and execute a Letter of Support and Memorandum of Understanding to support the Making Hope Happen Foundation prepare a Promise Neighborhoods Program application in Partnership with San Bernardino City Unified School District. Council Member Figueroa abstained on Item No. 22. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 27 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-52 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DIRECTING THE CITY MANAGER TO SIGN AND EXECUTE A LETTER OF SUPPORT AND MEMORANDUM OF UNDERSTANDING TO SUPPORT THE MAKING HOPE HAPPEN FOUNDATION PREPARE A PROMISE NEIGHBORHOODS PROGRAM APPLICATION IN PARTNERSHIP WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, CARRIED (6-1) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra , Shorett, Reynoso, Calvin, Alexander ABSTAIN: Figueroa NOES: None 23. Emergency Rental Assistance Program Committee (All Wards) Recommendation Adopt Resolution No. 2021-53 of the Mayor and City Council of the City of San Bernardino, California, establishing the Emergency Rental Assistance Program Committee. Council Member Alexander pulled Item No. 23 for discussion. MOTION BY COUNCIL MEMBER ALEXANDER, SECONDED BY COUNCIL MEMBER REYNOSO, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-53 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE EMERGENCY RENTAL ASSISTANCE PROGRAM COMMITTEE, CARRIED 7-0 – Passed Unanimously MOVER: Damon L. Alexander, Ward 7 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 24. Investment Portfolio Report for January 2021 (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 January 2021. 25. 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 January and February 2021. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 28 Printed 3/4/2021 Council Member Alexander pulled Item No. 25 for discussion and asked questions regarding charges for medical supplies and building security. Staff advised they will report back as to the charges on the disbursements. MOTION BY COUNCIL MEMBER ALEXANDER, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: APPROVED THE COMMERCIAL AND PAYROLL DISBURSEMENTS FOR JANUARY AND FEBRUARY 2021, CARRIED 7-0 – Passed Unanimously MOVER: Damon L. Alexander, Ward 7 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 26. Resolution Approving the Annual Renewal of the City’s Property Insurance for FY 2021-22 (All Wards) Recommendation Adopt Resolution No. 2021-54 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,292,000 for the term beginning April 1, 2021 and ending March 31, 2022. 27. Construction Contract Award - Community Center Improvements (Wards 1, 6) Recommendation Adopt Resolution No. 2021-55 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with JCOS Development, Inc., in the amount of $374,800 to provide community center upgrades at Delmann Heights Community Center and 5th Street Senior Center; 2. Authorizing project construction, construction contingencies and ins pections costs in the total amount of $191,704 for Delmann Heights Community Center Upgrades Project (CIP PR21-005), and in the total amount of $248,900 for 5th Street Senior Center Upgrades Project (CIP PR21-004); and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 28. Exempt Surplus Land Declaration - San Marcos Street and Congress Street Property (Ward 3) Recommendation Adopt Resolution No. 2021-35 of the Mayor and City Council of the City of San Bernardino, California, declaring City-owned property commonly known as San Marcos Avenue and Congress Street, located northerly of the southerly line of Parcel 3 as shown on Parcel Map 19648 recorded in Parcel Map Book 253 Pages Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 29 Printed 3/4/2021 51 and 52 records of San Bernardino County, APN 0274-011-29 (“Property”), as “exempt surplus land,” as defined, and direct the City Manager to comply with the requirements of the Surplus Land Act, Government Code, Section 54220 et seq., for that exempt surplus land. Council Member Reynoso pulled Item No. 28 for discussion and asked staff questions regarding California Environmental Quality Act. Staff stated that the property is not exempt from the California Environmental Quality Act. Once construction occurs, the California Environmental Quality Act exemption is not lifted. MOTION BY COUNCIL MEMBER REYNOSO, to deny Resolution No. 2021-35. There was no second. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-35 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING CITY-OWNED PROPERTY COMMONLY KNOWN AS SAN MARCOS AVENUE AND CONGRESS STREET, LOCATED NORTHERLY OF THE SOUTHERLY LINE OF PARCEL 3 AS SHOWN ON PARCEL MAP 19648 RECORDED IN PARCEL MAP BOOK 253 PAGES 51 AND 52 RECORDS OF SAN BERNARDINO COUNTY, APN 0274-011-29 (“PROPERTY”), AS “EXEMPT SURPLUS LAND,” AS DEFINED, AND DIRECT THE CITY MANAGER TO COMPLY WITH THE REQUIREMENTS OF THE SURPLUS LAND ACT, GOVERNMENT CODE, SECTION 54220 ET SEQ., FOR THAT EXEMPT SURPLUS LAND, CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin Mayor Valdivia left the meeting at 12:25 a.m. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 29. Establishment of Ad Hoc and Standing Council Sub-Committees Mayor Pro Tem Ibarra asked if there were any objections. There were no objections from City Council. There was a unanimous consensus of the City Council to direct staff to bring back an item regarding the establishment of Ad Hoc and Standing Council Sub- Committees. Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 30 Printed 3/4/2021 ITEMS TO BE REFERRED TO COMMITTEE There were no items referred to the Committee. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 12:31 a.m. The next joint regular meeting of the Mayor and City Council and the Mayor and Ci ty Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, March 17, 2021 via tele-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. BY: Genoveva Rocha, CMC City Clerk