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HomeMy WebLinkAbout03-17-2021 MCC Regular City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander MINUTES FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MARCH 17, 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 5:32 PM by Mayor John Valdivia on Wednesday, April 7, 2021, via Web-Conference. Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 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 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 Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/18/2021 5:30 P.M. The closed session meeting was called to order at 5:32 p.m. CLOSED SESSION PUBLIC COMMENT There were no public comments submitted for the Closed Session Meeting of the Mayor and City Council. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. M.H., a minor by and through his guardian ad litem, Nakitta Young v. City of San Bernardino, et al., United States District Court Case No.5:20-cv-00242 JGB (KKx) (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two cases 7:00 P.M. Mayor Valdivia called the regular meeting to order at 7:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia asked Council Member Shorett to lead the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Carvalho reported that there was no reportable action. PRESENTATION FROM CONGRESSMAN AGUILAR 1. Presentation from Congressman Aguilar - City-Specific Funding Details from the American Rescue Plan Congressman Aguilar provided a report on the American Rescue Plan. The Mayor and City Council commented and asked questions. CITY MANAGER UPDATE City Manager Field spoke on Black History Month events in the City and commented on various improvements throughout the City. APPOINTMENTS Mayor Valdivia stated that a request was received from a Council Member to pull Item No. 7 for discussion. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/18/2021 2. 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. Reuben J. Arceo 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. 3. General Plan Advisory Committee Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Daniel E. Peeden to the General Plan Advisory Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 4. Arts and Historical Preservation Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Lucy J. Sunga to the Arts and Historical Preservation Commission representing Ward 6 with the term ending December 2024. Ms. Sunga will replace Rick Moss with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 5. Elected Official Compensation Advisory Board (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Michael J. Guillory to the Elected Official Compensation Advisory Board representing Ward 6 with the term ending December 2024. Mr. Guillory will replace Charlene M. Dixon with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 6. Planning Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Dolores Armstead to the Planning Commission representing Ward 6. Ms. Armstead will replace Anthony Jones with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER REYNOSO, to approve the appointments listed in Item Nos. 2 through 6. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/18/2021 RESULT: APPROVED THE APPOINTMENTS OF MR. REUBEN J. ARCEO, MR. DANIEL E. PEEDEN, MR. DANIEL E. PEEDEN, MR. MICHAEL J. GUILLORY, AND MS. DOLORES ARMSTEAD, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra 7. Public Safety and Human Relations Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Treasure Ortiz to the Public Safety and Human Relations Commission representing Ward 6. Ms. Ortiz will replace Walter A. Jarman with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Council Member Sanchez stated that City Council should try to ensure that appointments do not give political advantage and that the candidate for this appointment has filed paperwork to run for political office in the City. Council Member Sanchez advised that he will be voting no on this item. Mayor Pro Tem Ibarra commented that, even though it is not stated in the Municipal Code, City Council should appoint from their ward because the appointees would understand what the needs are within their ward. Council Member Shorett stated that he is in agreeance with the comments made. Council Member Calvin commented that she feels the City has done a poor job of making commissioners feel valued, and stated that she asked several members of the sixth ward to serve on a Commission and they advised her that they felt the City does not take their advisement into consideration. Council Member Calvin advised she chose appointees based off of community commitment. Mayor Valdivia asked the City Attorney to clarify that the Mayor has the ability to cast a vote. City Attorney Carvalho advised that per section 2.17.040 of the Municipal Code, it states that each member of such board, commission or citizen advisory committee, after having been nominated, shall be appointed by at least five affirmative votes of the Mayor and City Council. Mayor Valdivia stated that he would be exercising his right to vote on this item. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/18/2021 MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER CALVIN, to approve the appointment of Ms. Treasure Ortiz to the Public Safety and Human Relations Commission. Motion failed 2-6 (Mayor Valdivia, Mayor Pro Tem Ibarra, Council Members Sanchez, Figueroa, Shorett, and Alexander opposed) RESULT: MOTION TO APPROVE THE APPOINTMENT OF MS. TREASURE ORTIZ FAILED PRESENTATIONS 8. Proclamation for Red Cross Month Mayor Valdivia read the proclamation, proclaiming March as Red Cross Month. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Ken Sawa, Dr. Anne Viricel, David Freedman, Victoria Seitz, David Hahn, Victor Velasco, Yvette Baysinger, Maureen Daniels, Dan Murphy, Alex Zamora, Rich Ocereo, Mike Burrows, Felicia, San Bernardino, spoke in support of the San Manuel Landing Project. Nick, San Bernardino, commented on the Carousel Mall project and thanked City Council moving forward with ICO Real Estate Group. Laurie, Lessy, Ellen Reese, Yvette Ramirez, Cheng, Anne, Alicia Aguayo, Jorge Baldiveria, Arturo, Christian Flores, Douglas Howie, Amy Vasquez, Andrea Vidaurre, Savina Walburg, Bernard, Yassie Calasaras, Norman, Stacey Lopez, San Bernardino, spoke against the San Manuel Landing Project. Mike Mitchell, Tanya Johnson, San Bernardino, spoke on the lack of ward representation on Board, Committees, and Commissions. Manny, San Bernardino, spoke on City Council Members with an agenda and the lack of support provided to the police in the City. Sanchez, San Bernardino, spoke on the lack of support provided to the police in the City. Robert Porter, San Bernardino, commented on the Carousel Mall project and spoke in support of the San Manuel Landing Project. Aaron, San Bernardino, commented on tents and motorhomes parked on vacant land. Paul Sanborn, Harry Hatch, San Bernardino, commented on the explosion in Ontario and spoke on fireworks in the City. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/18/2021 Anonymous, San Bernardino, commented on the nomination of Treasure Ortiz and asked the Mayor to resign. Hardy Brown, San Bernardino, spoke on a prior lawsuit in Ward 6, Community Development Grant Funds, and the lack of diversity amongst City staff. Cheryl Brown, San Bernardino, spoke on the public comment process and City employees residing in other cities. Randolph Riley, San Bernardino, commented on debris at a bakery on Milliken Center Drive. Paige Miller, San Bernardino, commented on banning all fireworks and homelessness issues in the City. Treasure Ortiz, San Bernardino, spoke against the San Manuel Landing Project and commented on the Tow Contract Agreements. Leticia Garcia, San Bernardino, spoke on the City Charter allowing voting residents of the City to serve on all commissions and spoke against the San Manuel Landing Project. Maribel Nunez, San Bernardino, spoke in support of the appointment of Daniel Peeden and asked about upcoming workshops for the General Plan. Anonymous, San Bernardino, commented on the lack of road maintenance, graffiti in the City, and the increased in crime rate. STAFF REPORTS 9. Ad Hoc and Standing City Council Sub-Committee Review (All Wards) 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 establishment, purpose and scope of City Council sub-committees. Assistant City Manager Kramer provided an overview of the staff report. Council Member Reynoso stated that it is his understanding that the Community Development Block Grant Committee currently only has two Council Members and asked the Mayor to appoint another Council Member so recommendations can be made. Mayor Pro Tem Ibarra asked why staff is recommending to disband certain committees. Ms. Kramer stated that it is up to the City Council to decide which subcommittees they would like and the item is presented to obtain direction from City Council and formally bring back resolutions to ensure clarity. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/18/2021 Council Member Sanchez stated he does not think that staff is recommending to remove any programs and would like to ensure the long term success of the Military Banner Program. Council Member Sanchez commented that all of City Council should have an equal say in how Community Development Block Grant money is spent and feels that the Community Development Block Grant Ad Hoc Committee gives advantage to three individuals would like it to be the entire Council. Mayor Pro Tem Ibarra stated that before it became the Community Development Block Grant Ad Hoc Committee, it was a community advisory committee that oversaw various funds and was composed of commissioners. Mayor Valdivia advised that the previous committee was advisory and they provided recommendations to City Council. Council Member Shorett stated that he recalls the advisory committee and that it became Community Development Block Grant Subcommittee. Council Member Shorett added that he agrees with the comments made by Council Member Sanchez. Mayor Valdivia stated that committees are designed to study specific issues for a specific amount of time, spoke on funds for the police department, and fundraising for military banners is a leadership opportunity for City Council. Reynoso stated that money for recruitment for police has nothing to do with honor and respect for armed services. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, directed staff to come back with a report to dismantle the Community Development Block Grant Committee, Legislative Review Committee and Hometown Military Banner Committee and find ways that the responsibilities are allocated to staff with either zero cost or a program that incorporates a funding solution. RESULT: DIRECTED STAFF TO COME BACK WITH A REPORT TO DISMANTLE THE COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE, LEGISLATIVE REVIEW COMMITTEE AND HOMETOWN MILITARY BANNER COMMITTEE AND FIND WAYS THAT THE RESPONSIBILITIES ARE ALLOCATED TO STAFF WITH EITHER ZERO COST OR A PROGRAM THAT INCORPORATES A FUNDING SOLUTION, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 10. Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All Wards) Recommendation Adopt Resolution No. 2021-56 of the Mayor and City Council of the City of San Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/18/2021 Bernardino, California, acting in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, authorizing the issuance of its refunding bonds; approving a form of indenture, a form of bond purchase agreement, a form of irrevocable refunding instructions, and a form of continuing disclosure agreement; making certain determinations relating thereto; and authorizing certain other action in connection therewith. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-56 AUTHORIZING THE ISSUANCE OF ITS REFUNDING BONDS; APPROVING A FORM OF INDENTURE, A FORM OF BOND PURCHASE AGREEMENT, A FORM OF IRREVOCABLE REFUNDING INSTRUCTIONS, AND A FORM OF CONTINUING DISCLOSURE AGREEMENT; MAKING CERTAIN DETERMINATIONS RELATING THERETO; AND AUTHORIZING CERTAIN OTHER ACTION IN CONNECTION THEREWITH, 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 City Manager Field informed the Mayor and City Council that Item No. 22 was intended to be placed under Staff Reports. Mayor Valdivia moved Item No. 22 out of agenda order. 22. Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services (All Wards) Recommendation Adopt Resolution No. 2021-63 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute tow service agreements with various tow service carriers and reaffirming tow carrier requirements. Captain Pellis provided a presentation to the Mayor and City Council. Council Member Sanchez clarified that staff is offering an alternate recommendation, which would be to place category 3 and 4 in category 2 as they work towards compliance. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER ALEXANDER, to approve the alternative staff recommendation Council Member Shorett seconded with an amendment that all tow companies that are given a contract have until June 30, 2021 to meet all the requirements set by the City and staff must complete a physical inspection that is signed by both parties to Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/18/2021 ensure compliance. Captain Pellis advised it would take staff time to complete inspections; however it is their intention to perform thorough inspections for all tow carriers and the service agreements provide an option for the City to remove a tow carrier for failure to meet those requirements. Council Member Alexander asked if this would include California Highway Patrol and heavy lifting vehicle inspections. Captain Pellis advised that tow vehicle inspection are performed by the California Highway Patrol and the police department would utilize the Highway Patrol’s process. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER ALEXANDER, to approve the alternative staff recommendation with an amendment. RESULT: ALLOW FOR TOW CARRIERS IN CATEGORIES 3 AND 4 TO OPERATE IN CATEGORY 2 WHILE THEY WORK TOWARDS COMPLIANCE; ENTER INTO CONTRACTS PERMITTING THE TOW CARRIERS TO BE ON THE TOW ROTATION BETWEEN NOW AND JULY 1, 2021 WHILE THEY MAKE IMPROVEMENTS TO MEET CITY REQUIREMENTS; AND DIRECT CITY STAFF TO CONDUCT PHYSICAL INSPECTIONS ENSURING REQUIREMENTS ARE MET BY THE TOW CARRIERS THAT MUST BE SIGNED BY BOTH PARTIES, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Damon L. Alexander, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None PUBLIC HEARINGS 11. Final Environmental Impact Report, General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 – the Landing by San Manuel (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2021-57 of the Mayor and City Council of the City of San Bernardino, California, certifying the Final Environmental Impact Report (State Clearinghouse No. 2020100067), adopting the Facts, Findings, and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 20-02 changing the General Plan Land Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/18/2021 Use Designation from Public/Quasi Public to Specific Plan of a parcel (APN: 0136-371-33) containing approximately 12.89 acres (Attachment 1); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC- 1557 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-03 and Specific Plan Amendment 20-01 changing the Zoning District Classification from Public Facilities (PF) to Specific Plan - Alliance California (SP-AC) Third Street Land Use District of a parcel (APN: 0136-371-33) containing approximately 12.89 acres, consistent with a certified Final Environmental Impact Report (State Clearinghouse No. 2020100067) (Attachment 3); 3) Adopt Resolution No. 2021-58 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-D20-02 allowing the consolidation of four (4) parcels containing a total of approximately 52.97 acres and the development of an industrial warehouse containing approximately 1,153,644 square feet on a project site located on the south side of East 3rd Street, between North Victoria Avenue and North Central Avenue (APN: 0136- 371-18, 33, 36 and 37), consistent with a certified Final Environmental Impact Report (State Clearinghouse No. 2020100067) (Attachment 5); and 4) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on April 7, 2021. Mayor Valdivia opened the public hearing item at 9:57 p.m. Associate Planner Mora-Rodriguez provided a presentation of the staff report. At this time, City Clerk Rocha played the Public Comments for the Mayor and City Council. Lowell King, Regional Operations Officer for the Inland Empire Goodwill, spoke in support of the San Manuel Landing Project. Tomas Morales, President of Cal State University of San Bernardino, spoke in support of the San Manuel Landing Project. Jayson Baiz, Labors International Union of North America, spoke in support of the San Manuel Landing Project. Thomas Ruiz, Labors Local 793, spoke in support of the San Manuel Landing Project. Jose Garcia, Laborers Pacific Southwest Regional Organizing Coalition, spoke in support of the San Manuel Landing Project. Dan Flores, Executive Director of Mary’s Mercy Center, spoke in support of the San Manuel Landing Project. Diana Rodriguez, President of San Bernardino Valley College, spoke in support of the San Manuel Landing Project. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/18/2021 Peter Mateo, Director of Planning and Development of San Manuel, provided a presentation of the project and thanked the Mayor, City Council, and City staff. MOTION BY COUNCIL MEMBER FIGUEROA, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation. Council Member Figueroa asked if the site is located within the property of the airport and has direct connection to the airport. Council Member Figueroa also extended an apology to the San Manuel Tribe on a comment that was previously made that San Manuel is an outsider. Planning Division Manager Mujica advised that it is located within the property of the airport and has direct access. Mayor Valdivia stated that this is an employment opportunity for the community. Council Member Reynoso thanked the San Manuel Tribe for the interaction with the community and their engagement; however he will not be able to support the project due to air pollution and health risks impacts. Council Member Shorett commented that he is excited about the project and the San Manuel Tribe has been an excellent partner to the community. Council Member Sanchez clarified that Mr. Mateo is the Project Manager and stated he would like to impose the requirements that all off road diesel powered equipment used during the construction be final tier four engines, and all off-road equipment with a power rating below 19 kilowatts used during construction be battery powered and asked if this is possible. Mr. Mateo stated that they are committed to using final tier four engines and the standard technology used is battery powered and that he will accept the requirements as Conditions of Approval. Mr. Mujica stated that staff can modify the mitigation monitoring program to include the requirements. Council Member Alexander asked about large trucks on roads around the facility and asked if the roads will be repaved. Mr. Mateo advised they will pay their allocated fair share for any and all development impact fees associated with the project, which includes sewer, water, storm drains, and streets. Mr. Mateo added that they are working with the City of Highland and the San Bernardino Airport to make improvements on arterial streets and will be rebuilding all roads that are directly impacted by the construction. MOTION BY COUNCIL MEMBER FIGUEROA, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff’s recommendation. Mayor Valdivia closed the public hearing at 11:02 p.m. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 12 Printed 3/18/2021 RESULT: ADOPTED RESOLUTION NO. 2021-57, INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1557, ADOPTED RESOLUTION NO. 2021-58, AND SCHEDULED THE ADOPTION OF THE ABOVE ORDINANCE FOR THE REGULARLY SCHEDULED MEETING OF THE MAYOR AND CITY COUNCIL ON APRIL 7, 2021, CARRIED (5-2) MOVER: Juan Figueroa, Ward 3 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin 12. Substantial Amendment to FY 2020-2021 Action Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California hold a public hearing, and 1) Adopt a Substantial Amendment to the FY 2020-2021 Action Plan; 2) Direct the Finance Director to amend the Fiscal Year 2020-2021 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; 3) Direct the Finance Director to establish a new fund and associated accounts for the Community Development Block Grant (CDBG-CV3) pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; and 4) Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan. Mayor Valdivia opened the public hearing at 11:04 p.m. City Clerk Rocha informed the Mayor and City Council that there were no Public Comments received for this item. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. Council Member Sanchez asked if the actions requested are substantial amendments to the 2021 CDBG allocations. Administrative Analyst Gallegos advised that this is only for the current Fiscal Year 2021 Action Plan. Council Member Calvin commented that in the staff report, it is mentioned that there was only one voting member present at the last CDBG Committee meeting and it did not mention that the Mayor appointed himself as chair and asked why the information is Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 13 Printed 3/18/2021 left out. Assistant Manager Kramer stated that the Mayor was not mentioned because he was not one of the Council Members present and did not have any voting power and added that no action was taken and it was a work study that did not change the recommendations. Council Member Figueroa commented that the Family Services of Redlands is included in the report and stated that the City is giving funds to this agency that does not provide services in the City of San Bernardino. Council Member Figueroa stated that he would like the Family Services of Redlands to be removed and give the funds to Step Up on Second. Ms. Gallegos advised that the City is currently funding the organizations listed and it was approved by City Council previously and advised that the Family Services of Redlands assists the homeless population in San Bernardino. Council Member Figueroa stated that they do not provide services in San Bernardino. Council Member Shorett advised that he will not change his motion and that City Council already agreed to fund the organization. Council Member Figueroa asked for locations of motels that have been identified in the staff report and how they were chosen. Housing Division Manager Noble advised the locations and stated that these projects were County initiated and were not selected by the City. Ms. Kramer advised that the only item before City Council is the amendment that addresses the COVID relief fund, not the annual action plan that was adopted at the beginning of the year. MOTION BY MAYOR PRO TEM IBARRA, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff’s recommendation. Mayor Valdivia closed the public hearing at 11:15 p.m. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 14 Printed 3/18/2021 RESULT: ADOPTED A SUBSTANTIAL AMENDMENT TO THE FY 2020-2021 ACTION PLAN, DIRECTED THE FINANCE DIRECTOR TO AMEND THE FISCAL YEAR 2020-2021 BUDGET AND ESTABLISH A NEW FUND AND ASSOCIATED ACCOUNTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, AND AUTHORIZED THE CITY MANAGER OR DESIGNEE TO TAKE ANY FURTHER ACTIONS AND EXECUTE ANY FURTHER DOCUMENTS AND CERTIFICATIONS AS MAY BE NECESSARY TO EFFECTUATE THE SUBMITTAL OF THE SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2020-2021 ACTION PLAN, CARRIED (4-3) MOVER: Sandra Ibarra, Ward 2 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Shorett, Calvin NOES: Figueroa, Reynoso, Alexander 13. Street Vacation of Portion of 4th Street (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1) Conduct a Public Hearing, per Street and Highway Code 8322-8325, to consider comments on the proposed street vacation; and 2) Adopt Resolution 2021-59 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of 4th Street and rescinding and repealing Resolution No. 2020-216 Mayor Valdivia opened the public hearing at 11:15 p.m. City Clerk Rocha informed the Mayor and City Council that there were no Public Comments received for this item. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. Mayor Valdivia closed the public hearing at 11:16 p.m. RESULT: ADOPTED RESOLUTION 2021-59 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF 4TH STREET AND RESCINDING AND REPEALING RESOLUTION NO. 2020- 216, 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 Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 15 Printed 3/18/2021 Mayor Valdivia left the meeting at 11:16 p.m. 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. Council Member Reynoso pulled Item No. 14. Council Member Calvin pulled Item No. 18. Council Member Alexander pulled Item Nos. 14 and 24. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY REYNOSO, to approve the Consent Calendar and pull item Nos. 14, 18, and 24. RESULT: APPROVED THE CONSENT CALENDAR AND PULL ITEM NOS. 14, 18, and 24, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 14. Resolution of the Mayor and City Council of the City of San Bernardino, California, Authorizing the City Manager to Execute the Third Amendment to the Legal Service Agreement with Carpenter, Rothans & Dumont, LLP Recommendation Adopted Resolution No. 2021-60, approving third amendment to the agreement with Carpenter Rothans & Dumont, LLP Council Member Reynoso and Alexander pulled item No. 14 for discussion. Council Member Reynoso stated that this is an excessive force case regarding the death of a man with mental disabilities and the approved amount was initially $50,000 and has since increased to $500,000 for litigation expenses. Council Member Reynoso commented that he finds this concerning. Council Member Alexander asked if this is a local and minority law firm, and if not why are we not reaching out to these types of law firms in the City. City Attorney Carvalho advised that representation in most cities is done in conjunction with the Risk Management Department and there are several firms in California that specialize in use of force cases. Ms. Carvalho advised that if it City Council’s direction to staff look for local representation that have this expertise, they can work with staff to issue a Request for Proposal. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 16 Printed 3/18/2021 City Manager Field advised that the City does not currently have a Risk Manager to handle this process. Council Member Alexander stated that the City is not utilizing the talent in San Bernardino. Mayor Pro Tem Ibarra commented that it is troubling that the amount of money is so high. MOTION BY MAYOR PRO TEM IBARRA, to direct staff to issue a Request for Proposals for another law firm to represent the City. There was no second. Council Member Sanchez stated that would be a grave mistake. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation. Motion failed 3-4 (Mayor Pro Tem Ibarra, Council Members Reynoso, Calvin, and Alexander opposed) Council Member Sanchez stated that this needs to be handled delicately and asked for caution from City Council. Council Member Shorett stated that he is in support of approving this item. Council Member Alexander and Council Member Calvin advised they will reconsider their vote. Mayor Pro Tem Ibarra asked for an update on outstanding receipts and will also reconsider her vote. MOTION MADE BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER ALEXANDER, to reconsider vote. Motion passes 6-1 (Council Member Reynoso opposed) MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-60, APPROVING THIRD AMENDMENT TO THE AGREEMENT WITH CARPENTER ROTHANS & DUMONT, LLP, CARRIED (6-1) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso 15. 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 for the following meetings: Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 17 Printed 3/18/2021 1) May 21, 2020, Special Meeting 2) September 16, 2020, Special Meeting; and 3) March 3, 2021, Regular Meeting 16. April, October, December 2020 and January, February 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in January, February, and March 2021. 17. Harris Building Parking Option Extension (Ward 1) Recommendation Adopt Resolution No. 2021-61 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency, approving the extension to the reciprocal easement agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) for parking. 18. 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 City Council motion to approve the ordinance. Council Member Calvin pulled Item No. 18 for discussion and stated that City Council voted and agreed that the members would have to be residents of the City or they can be active business owners but they may not just be a commercial property owner and inquired if the language would be included in the Resolution. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to continue the item. RESULT: ITEM CONTINUED, 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 19. General Plan Webpage (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file this report on the launching of the City’s General Plan webpage - FutureSB2050.com. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 18 Printed 3/18/2021 20. Local Early Action Planning Grant Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-62 authorizing the City Manager to submit an application for the Local Government Planning Support Grant Program. 21. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February and March 2021. 23. Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5, 6) Recommendation Adopt Resolution No. 2021-64 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Pacific Play Systems, Inc. in the amount of $879,950 for the construction of Playground Equipment Replacement-Phase 3 (CIP PR21-001) (“Project”); and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $1,012,270 for the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. 24. Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6) Recommendation Adopt Resolution No. 2021-65 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Martinez Concrete, Inc. in the amount of $412,550 to provide Citywide annual concrete repairs; and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $483,032 for Citywide Annual Concrete Repairs Project (CIP SS-D); and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Council Member Alexander pulled Item No. 24 for discussion and asked if local vendor preference was used when awarding this contract. Finance Director Whitehorn advised that the City is not allowed to utilize local vendor preference for construction projects, per the State of California. Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 19 Printed 3/18/2021 Public Works Director Jensen advised that the City must award the contract to the lowest responsive bidder. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to continue the item. RESULT: ITEM CONTINUED, 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 25. Final Reading and Adoption of Ordinance MC-1554 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adoption of Ordinance MC-1554 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 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). 26. Final Reading and Adoption of Ordinance MC-1556 (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct final reading and adoption of Ordinance MC-1556 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 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). ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 27. Restricted Truck Routes- Council Member Alexander Council Member Alexander requested an item to be brought back to City Council regarding restricted truck routes and how they might benefit the City. MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY COUNCIL MEMBER SANCHEZ, to bring back a report on restricted truck routes. CARRIED 7-0 – Passed Unanimously Regular Meeting Minutes March 17, 2021 Mayor and City Council of the City of San Bernardino Page 20 Printed 3/18/2021 Council Member Shorett asked staff to bring back an item within 30 days regarding how Council Members can amend the City Charter and how they can place a measure on the ballot in 2022 to eliminate the Mayor’s position as a full-time paid position. Council Member Alexander asked staff to bring back an item to activate the Charter Review Committee. Council Member Reynoso asked staff to bring back an item regarding a citywide warehouse moratorium. Council Member Calvin asked staff to bring back an item regarding an automated system that will allow residents to see when streets will be repaved or repairs completed and would like staff to determine the cost for the system. ITEMS TO BE REFERRED TO COMMITTEE None REPORTS ON CONFERENCES/MEETINGS ATTENDED None ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 12:00 a.m. The Mayor and City Council will adjourn to a special meeting that will be held on Wednesday, March 31, 2021 via tele-conference. Open Session will begin at 5:30 p.m. BY: Genoveva Rocha, CMC City Clerk