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HomeMy WebLinkAbout04-07-2021 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, APRIL 7, 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 5:39 p.m. John Valdivia Mayor Present Genoveva Rocha City Clerk Present Sonia Carvalho City Attorney Present Robert D. Field City Manager Present Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/9/2021 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS Pursuant to Government Code Section 54957 (Discussion of evaluation procedures and preparation for annual evaluation of Mayor and Council appointees) Title: City Manager Title: City Attorney Title: City Clerk B. POTENTIAL THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code Section 54957 Consultation with Chief of Police 7:00 P.M. Mayor Valdivia called the regular meeting to order at 7:04 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 is no reportable action. CITY MANAGER UPDATE City Manager Field commented on the reopening of public facilities and the City’s public counter, various events in the City, illegal firework activities, and commented on the grant that the Water Department received to install smart meters and water conservation measures. Mayor Valdivia expressed his appreciation of Public W orks staff and public employees. APPOINTMENTS 1. General Plan Advisory Committee Appointment (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Angela M. Torres to the General Plan Advisory Committee representing Ward 3 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/9/2021 2. Parks, Recreation and Community Services 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 Mr. Micah E. Lee to the Parks, Recreation and Community Services Commission representing Ward 6. Mr. Lee will replace Charlè Jacobs with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 3. General Plan Advisory Committee Appointment (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Anthony R. Aguirre to the General Plan Advisory Committee representing Ward 3 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 4. Measure S Citizens Oversight Committee Appointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Anthony J. Roberson to the Measure S Citizens Oversight Committee representing Ward 5. Mr. Roberson will replace Eric Roark with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 5. Measure S Citizens Oversight Committee Reappointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Bronica L. Martindale to the Measure S Citizens Oversight Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 6. Charter Review Commission Reappointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Vicki Lee to the Charter Review Commission representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Mayor Pro Tem Ibarra asked if City Council can vote separately on Appointment Item No. 2. MOTION BY COUNCIL MEMBER FIGUEROA, SECONDED BY COUNCIL MEMBER REYNOSO, to approve the appointments listed in Item Nos. 1, 3, 4, 5, and 6. Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/9/2021 RESULT: APPROVED THE APPOINTMENTS OF MS. ANGELA M. TORRES, MR. ANTHONY R. AGUIRRE, MR. ANTHONY J. ROBERSON, MS. BRONICA L. MARTINDALE, AND MS. VICKI LEE, CARRIED 7-0 – Passed Unanimously MOVER: Juan Figueroa, Ward 3 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Mayor Pro Tem Ibarra voiced concerns that Mr. Micah E. Lee does not reside in the sixth ward. Council Member Reynoso spoke on Mr. Lee’s character, stating that his experience with Parks and Recreation is not contingent on where he lives. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER REYNOSO, to approve the appointment. RESULT: APPROVED THE APPOINTMENT OF MR. MICAH E. LEE TO THE PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION, CARRIED (6-1) MOVER: Theodore Sanchez, Ward 1 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra PRESENTATIONS 7. Proclamation for National Library Week - April 4-10, 2021 Mayor Valdivia proclaimed the week of April 4-10, 2021 as National Library Week. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Ana, San Bernardino, commented on the Mayor and City Council arguing during meetings and asked that City Council perform their job. Sonjanetha Scott, San Bernardino, commented on large amounts of debris at an old bakery on Medical Center Drive. Janette Seppie, San Bernardino, spoke in support of Item No. 30 and the removal of the concrete pile at Oxbow Project location. Victor Velasco, Roxanna Barrera, Andrew Thompson, Cathie Destefano, Olga Flores, Abe Vasquez, Andres Garcia, Augustin Ledesma, Rayleen Baregos, Mrs. Bill, Arturo, Araceli, Alejandra Avila, Naomi, Teyes, Nikkie Amtare, Atina Tan, Lulu Aldan, Michael Segura, Janet Haro, Tina Avosmorgan, Daniel Rodriguez, Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/9/2021 Christian Flores, Sharon Williams, Sunny Ivy, Jody Isenberg, Nick, Miriam Neito, Jack Cruit, Carol Baez, Amber Vasquez, San Bernardino, spoke in support of a warehouse moratorium. Henry Nickel, San Bernardino, commented on Item No. 30 and asked City Council to consider a policy change that would require a bonding surety for all temporary use stock piling permits and spoke on returning to in-person meetings. Peggy Haslett, San Bernardino, spoke in support of Item No. 30 and expressed her gratitude to former Council Member Nickel and current sixth ward Council Member Reynoso. Gabriel Jaramillo, San Bernardino, commented on the Mayor’s statements regarding Ward 1. Harry Hatch, San Bernardino, spoke on placing at item on the agenda regarding fireworks. Robert Porter, San Bernardino, informed the public of his radio show, spoke on attendance at Council meetings, retrofitting City Hall, and stated he is looking forward to the campaign finances item. Hardy Brown, San Bernardino, commented on the committee and commission appointees by Council Member Calvin and Council Member Reynoso and the lack of representation of various wards. Treasure Ortiz, San Bernardino, commented on the status of a Community Benefits Agreement with ICO Real Estate Group, community outreach for the general plan, spoke in support of Item No. 9 and of a warehouse moratorium. Ms. Ortiz also asked who will be held accountable regarding the Oxbow project and commented on the Mayor’s statements. Elma Marquez, San Bernardino, spoke in support of the approval of Item No. 14 and the importance of a Community Benefits Agreement. Faraz, San Bernardino, commented on Item No. 14 and spoke on the importance of having environmental impact mitigation and ensuring a Community Benefits Agreement is in place. Linda Magallanez, San Bernardino, asked who will be held accountable for the concrete pile at the Oxbow project and spoke in support of a warehouse moratorium. Eloise Gallarza, San Bernardino, spoke in support of the approval of Item No. 14 and the importance of a Community Benefits Agreement. Marvin Norman, San Bernardino, spoke against the approval of Item No. 14. Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/9/2021 STAFF REPORTS 8. Animal Services Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file a staff report on the status of improvements to the Animal Shelter; 2. Adopt Resolution No. 2021-87, accepting a grant award in the amount of $1,500,000 from the San Manuel Band of Mission Indians for Animal Shelter Programs and Services allocated over a three year period (FY 2020/21 through FY 2022/23) and delegating authority to the City Manager to conduct all negotiations and sign and submit all necessary documents to receive the grant award; and 3. Authorize the Director of Finance to amend the FY 2020/21 Budget to appropriate $500,000 of the grant funding for animal shelter programs and services; and 4. Authorize the Director of Finance to amend the FY 2020/21 budget to transfer $31,160 from the Animal Services Fund (account 124 230 0001 5704) to Public Works Facilities and Maintenance Operations budget for the emergency removal and replacement of the modular trailer required to mitigate an immediate risk to the health and safety of City employees. Animal Services Director Watson provided an update on the Animal Services Department. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER FIGUEROA, to approve staff recommendations. RESULT: RECEIVED AND FILED A STAFF REPORT ON THE STATUS OF IMPROVEMENTS TO THE ANIMAL SHELTER, ADOPTED RESOLUTION NO. 2021-87, AUTHORIZED THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 BUDGET TO APPROPRIATE $500,000 OF THE GRANT FUNDING FOR ANIMAL SHELTER PROGRAMS AND SERVICES AND $31,160 FROM THE ANIMAL SERVICES FUND TO PUBLIC WORKS FACILITIES AND MAINTENANCE OPERATIONS BUDGET, CARRIED 7-0 – Passed Unanimously MOVER: Ben Reynoso, Ward 5 SECONDER: Juan Figueroa, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/9/2021 9. Administrative Policies (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the following proposed administrative policies and provide direction for modifications or adopt the resolutions as presented: 1. Use of the City Seal (Resolution No.2021-67); and 2. Procedure for Elected Officials to Place Items on the City Council Agenda (Resolution No.2021-68); and 3. Elected Officials’ Interaction with City Staff and Involvement in Administrative Affairs (Resolution No. 2021-69). City Manager Field provided an overview of the policies brought forward for City Council approval. Council Member Reynoso commented on Item No. 3, Letter D, which states the Mayor, City Council, and City staff will not blindside each other in public. MOTION BY COUNCIL MEMBER REYNOSO to approve with the exclusion of Letter D in Item No. 3. There was no second. Assistant City Manager Kramer stated that the verbiage that is stated in Item No. 3, Letter D, is currently included in the municipal code. Council Member Shorett commented on the definition of “blindside”, stating that it means coming out of nowhere with a concern or criticism. He expressed that he agrees with Reynoso, however feels it is appropriate to be included. Council Member Shorett commented that he has an issue with the use of the City Seal and it should be used only in one form, and does support the seal being edited or customized. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to continue with staff recommendations and approve items 2 and 3 as stated. SUBSTITUTE MOTION BY MAYOR PRO TEM IBARRA, SECONDED BY COUNCIL MEMBER ALEXANDER, to vote for items 1, 2 and 3 separately. Council Member Figueroa commented on Item No. 3 and asked for clarification in terms of elected officials interacting with City Council staff. Council Member Figueroa asked why Council members still need to go through the City Manager’s Office to obtain assistance from City Council staff. City Manager Field advised that the primary intention is not to limit interaction with staff; it is to ensure that Council Members are not giving direction to staff as it does not align with the City Charter. Council Member Shorett commented that the intent benefits staff and provides them with recourse if asked to perform tasks that are not appropriate. Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/9/2021 Council Member Alexander stated that this makes it more difficult for City Council Members to enact change on behalf of the public. Council Member Calvin asked for clarity on 4F, which states the Mayor and City Council will refer citizen complaints to staff. Council Member Calvin stated all of Council Members receive emails forwarded to them and asked if they are not allowed to respond to constituents. Council Member Calvin also inquired about the response timelines from staff. Ms. Kramer stated that the policy is a reiteration of what is currently in the municipal code and stated that City Council is encouraged to respond to constituents. Ms. Kramer stated that staff should be responsible for responding to the work that needs to be completed of identifying what it would take to address the issues and communicating detailed information to the residents. Mr. Field advised that the response depends on the nature of the issue, and provided the example of an issue relating to Public Works, stating that the issue would be referred to the Public Works Director. He also commented on a future policy to establish response times. Mayor Pro Tem Ibarra commented on Item No. 3, Letter D, which states the Mayor, City Council, and City staff will not blindside each other in public, stating that she has always had an issue with this. Mayor Pro Tem Ibarra stated that there should not be an excuse for staff not having answers and expects staff members to know what they are talking about, adding that she would like to remove that section from the Municipal Code. Council Member Reynoso stated that the public has been educated on how stringent City Council’s position is, adding that when something is not completed the City Manager is responsible. Council Member Reynoso commented that there is a lot of work to do in the city and there are literal and legal barriers due to the way the City is set up. Council Member Figueroa asked if commissioners fall under the description as appointed in terms of Item No. 1 in relation to the City Seal. Ms. Kramer advised that the Municipal Code stipulates how the City Seal can be used, stating that staff received a request from Council Members to allow for an elected official City Seal, which would permit a modified version of the City Seal that would provide for Council Member’s names to be included in the seal. Ms. Kramer added that this would only apply for current officeholders of Mayor or City Council. Council Member Shorett stated that he would like to know if other cities allow for modification. Council Member Shorett commented that the City has a seal and a process of how to use it, and this modification is about ego and it makes no sense to individualize the seal. MOTION BY COUNCIL MEMBER ALEXANDER, SECONDED BY COUNCIL MEMBER REYNOSO, to approve staff recommendation for Item No. 1. (Council Members Sanchez, Figueroa, Shorett and Calvin voting in opposition) Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 4/9/2021 RESULT: RESOLUTION NO. 2021-67, POLICY REGARDING USE OF THE CITY SEAL, WAS NOT APPROVED MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation for Item No. 2. RESULT: APPROVED THE PROCEDURE FOR ELECTED OFFICIALS TO PLACE ITEMS ON THE CITY COUNCIL AGENDA (RESOLUTION NO.2021-68), 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 MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation for Item No. 3. RESULT: APPROVED ELECTED OFFICIALS’ INTERACTION WITH CITY STAFF AND INVOLVEMENT IN ADMINISTRATIVE AFFAIRS (RESOLUTION NO. 2021-69), 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. Amendment to the 2021 Legislative and Regulatory Platform (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve an amendment to the 2021 Legislative and Regulatory Platform to include access to higher education. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation. RESULT: APPROVED AN AMENDMENT TO THE 2021 LEGISLATIVE AND REGULATORY PLATFORM TO INCLUDE ACCESS TO HIGHER EDUCATION, 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 Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 4/9/2021 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 Sanchez pulled Item No. 30. Council Member Reynoso pulled Item Nos. 22 and 28. Mayor Valdivia pulled Item No. 12. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve the Consent Calendar and pull item Nos. 12, 22, 28, and 30. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NOS. 12, 22, 28, and 30, 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 11. 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 February 17, 2021, Regular Meeting of the Mayor and City Council. 12. Electoral Redistricting Advisory Committee Recommendation Adopt Resolution No. 2021-70 of the Mayor and City Council of the City of San Bernardino, California, establishing the Electoral Redistricting Advisory Committee. Mayor Valdivia pulled Item No. 12 for discussion and commented that he disagreed with the recommendation of seven appointed officials of one from each Council district, and is requesting that one or two are Mayor Appointees. Mayor Valdivia advised that he is the elected official serving at large that reflects all seven wards, and expressed that the fact that he does not have an appointment on the advisory committee is an oversight. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation. Shorett stated that staff should be given an opportunity to respond to the Mayor’s statement that the recommendation of only seven appointees is an oversight, and commented that the City has seven wards and seven Council Members and redistricting has everything to do with individual Council wards, not the entire City. City Clerk Rocha advised that the discussion related to establishing the committee took place shortly after the Mayor excused himself from the February 17, 2021 Regular Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 4/9/2021 Mayor and City Council Meeting and the recommendation was brought forward by Council Member Reynoso and Sanchez. RESULT: ADOPTED RESOLUTION NO. 2021-70 ESTABLISHING THE ELECTORAL REDISTRICTING ADVISORY COMMITTEE, 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 13. Third Amendment to Neighborhood Stabilization Program Developer Master Agreement (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Adopt Resolution No. 2021-71 approving the Third Amendment to Neighborhood Stabilization Program Developer Master Agreement and Exclusive Negotiation Agreement with Mary Erickson Community Housing, a Non Profit Corporation, and Authorizing the City Manager or Designee to take any further actions and execute additional documents as necessary to effectuate the agreements. 14. Development Code Amendment (Zoning Map Amendment) 20-03 and Specific Plan Amendment 20-01 (The Landing by San Manuel) - Second Reading Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept the final reading and adopt Ordinance No. MC-1557 adopting 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, pursuant to a certified Final Environmental Impact Report (California State Clearinghouse Schedule No. 2020100067). 15. 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 incorporated. Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 12 Printed 4/9/2021 16. Professional Services Agreement for Grant Financial Management Services with Annie Clark (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-72 authorizing the execution of a two-year Professional Services Agreement for grant financial management consultant services between the City of San Bernardino and Annie Clark, in an amount not to exceed $182,400; and 2. Authorize the City Manager or designee to take any further actions necessary to effectuate the agreement. 17. Approval of Resolutions to Execute Agreements for Revenue Audit and Recovery Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-73 authorizing the execution of an agreement between the City of San Bernardino and Eide Bailly LLP for the provision of Transient Occupancy Tax (ToT)/Hotel Tax audit services; and 2. Adopt Resolution No. 2021-74 authorizing the execution of an agreement between the City of San Bernardino and Davis Farr LLP for the provision of Utility Users Tax and Franchise Fee audit services; and 3. Adopt Resolution No. 2021-75 authorizing the execution of an agreement between the City of San Bernardino and Hinderliter, de Llamas & Associates for the provision of Sales Tax analysis and audit services; and 4. Adopt Resolution No. 2021-76, authorizing the examination of Transactions and Use Tax Records of the CDTFA. 18. Investment Portfolio Report for February 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 February 2021. 19. Final Reading and Adoption of Ordinance MC-1555 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adopt Ordinance MC-1555 levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of certain public improvements and costs of administration with respect to City of San Bernardino Community Facilities District No. 2021-1 (Ferree Street). Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 13 Printed 4/9/2021 20. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for March 2021. 21. Authorization to Issue Purchase Orders to GovConnection, Inc. for the Purchase of Workstations, Laptops and Monitors (All Wards) Recommendation Adopt Resolution No. 2021-77 of the Mayor and City Council of the City of San Bernardino, California authorizing the City Manager or designee to authorize and issue Purchase Orders to GovConnection, Inc., in an amount not to exceed $150,000.00, for the purchase of workstations, laptops and monitors as outlined in the report. 22. Accept the FY 2020/21 Power Resiliency Allocation (All Wards) Recommendation Adopt Resolution No. 2021-78 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2020/21 Community Power Resiliency Allocations to Cities Program, and authorize the Director of Finance to amend the FY 2020/21 Adopted Budget appropriating $300,000 in both revenue and expenditures. Council Member Reynoso pulled Item No. 22 for discussion and inquired how many generators the Police Department is looking to purchase, if they are in need of a new generator, and inquired if there were plans to have generators available to the public. Acting Police Chief McBride advised that the Police Department and the Emergency Operations Center is in need of a new generator, stating that it may take up a good portion of the grant. McBride stated that if money is left over, they will look into how to allocate funds for additional generators. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff recommendation. Council Member Figueroa asked about the generator that will be replaced and inquired who is writing the grants for the Police Department. McBride stated that the generator is reaching end of life and the grant was written by a member of their executive staff. Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 14 Printed 4/9/2021 RESULT: ADOPTED RESOLUTION NO. 2021-78 AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY 2020/21 COMMUNITY POWER RESILIENCY ALLOCATIONS TO CITIES PROGRAM, AND AUTHORIZE THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 ADOPTED BUDGET APPROPRIATING $300,000 IN BOTH REVENUE AND EXPENDITURES, 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 23. First Amendment to Professional Services Agreement with Bio-Tox Laboratories, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-79 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to the Professional Services Agreement with Bio-Tox Laboratories, Inc. 24. Update Regarding Trespassing and Other Illegal Activities in County Flood Control Areas (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file this staff report regarding trespassing and other illegal activities in County flood control areas. 25. Construction Contract Award – Citywide Pavement Rehabilitation (SB1) (All Wards) Recommendation Adopt Resolution No. 2021-80 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the FY 2020/21 Capital Improvement Plan, and record a supplemental appropriation in the amount of $922,227 in SB-1 Fund No. 125-160-8769 for Citywide Pavement Rehabilitation (SB1) Project; and 2. Approving the award of a Construction Contract with Matich Corporation in the amount of $4,050,000 to provide Citywide Pavement Rehabilitation; and 3. Authorizing project construction, construction contingencies and inspections costs in the total amount of $4,622,227 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-21-001); and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 15 Printed 4/9/2021 26. Stop Sign Installation at Various Locations (Wards 5, 7) Recommendation Adopt Resolution No. 2021-81 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way stop control at the intersections of 28th Street and Sierra Way (4-way) and State Street and Sheridan Road (4-way). 27. Construction Contract Award – Citywide Pavement Rehabilitation (Slurry / Crack Seal) (Ward 3) Recommendation Adopt Resolution No. 2021-82 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the FY 2020/21 Capital Improvement Plan (CIP), recording a supplemental appropriation in the amount of $209,650 in Measure I Fund No. 129-160-7306 for CIP Project SS-D - Citywide Pavement Rehabilitation Slurry/Crack Seal (“Project”); and 2. Approving the award of a Construction Contract with All American Asphalt of Corona, California in the amount of $549,395 to provide Citywide slurry and crack seal repairs; and 3. Authorizing project construction, construction contingencies and inspections costs in the total amount of $631,860 for the Project; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. 28. First Amendment to Consultant Services Agreement with Paragon Partners, Ltd. (Wards 4) Recommendation Adopt Resolution No. 2021-83 of the Mayor and City Council of the City of San Bernardino, California approving the First Amendment to Consultant Services Agreement ("First Amendment") with Paragon Partners, Ltd., extending the contract term through June 30, 2022, for right-of-way acquisition services related to H Street widening project between 40th Street and Kendall Drive ("Project"). Council Member Reynoso pulled Item No. 28 for discussion and asked that staff bring back a report within a 30 days detailing where the City’s impact fees are spent. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER REYNOSO, to approve staff recommendation. Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 16 Printed 4/9/2021 RESULT: ADOPTED RESOLUTION NO. 2021-83 AP PROVING THE FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH PARAGON PARTNERS, LTD., EXTENDING THE CONTRACT TERM THROUGH JUNE 30, 2022, FOR RIGHT-OF-WAY ACQUISITION SERVICES RELATED TO H STREET WIDENING PROJECT BETWEEN 40TH STREET AND KENDALL DRIVE, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 29. Public Works Equipment Purchases (All Wards) Recommendation Adopt Resolution No. 2021-84 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of the following Public Works equipment approved for funding through the FY 2020/21 Mid-Year Budget Report: 1. One new Caterpillar Model 262D3 Skid Steer Loader with grinder attachment from Quinn Company in the amount of $74,000; and 2. One new Envirosight Rovver X Pipeline Inspection System from Haaker Equipment Company in the amount of $97,977.13; and 3. One new FORD Super Duty F-550 with aerial Versa-lift from National Auto Fleet Group in the amount of $129,544.94. 30. Award of Nuisance Abatement Services Agreement to Cemex Corporation for Removal of Concrete Pile on N. Palm Avenue (Ward 5) Recommendation Adopt Resolution No. 2021-85 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the Nuisance Abatement Services Agreement between the City of San Bernardino and Cemex Corporation of Ontario, California, dated March 31, 2021 in an amount not to exceed $1,470,000 to provide abatement services required at private property located on N. Palm Avenue, San Bernardino, California 92407; APNs: 0261-011-08-0000, 0261-011-13-0000, 0261-011-14-0000 (“Project”); and 2. Amending the FY 2020/21 operating budget to appropriate $2,000,000 from the City’s undesignated General Fund reserve to support the project to include the cost of the abatement services in the amount of $1,470,000, project contingencies in the amount of $330,000, and anticipated project water use in the amount of $200,000; and 3. Authorizing the City Manager to expend contingencies as necessary to complete Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 17 Printed 4/9/2021 the Project. Council Member Sanchez and Council Member Reynoso pulled Item No. 30 for discussion. Council Member Sanchez stated that approving this would be a serious mistake by the City. Council Member Sanchez inquired how many truckloads are needed to remove the concrete and expressed concerns over diesel particulate matter, expressing that concrete crushing should be performed on site. Public Works Director Jensen stated that the City estimates about 2,800 truckloads of concrete need to be removed, however the number could increase or decrease. Council Member Reynoso stated that residents do not want grinding on site and that this is an error that was caused by staff and the fraudulent issue of a temporary use permit. Council Member Reynoso commented that he has seen videos of dirt coming into people’s homes and the debris is pelting people’s cars and homes, adding that the debris is contributing to asthma and health issues. MOTION BY COUNCIL MEMBER REYNOSO to approve staff recommendation. Council Member Shorett commented that he would like to see evidence that dirt is entering people’s homes and debris hitting vehicles, stating that he is not in support of staff’s recommendation. Council Member Alexander spoke in support of staff’s recommendations and stated he spoke with residents in the fifth ward and City Council needs to rectify this issue. Council Member Sanchez commented that it would be a better option to crush the concrete on site. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to direct staff to bring back at item by resolution/ordinance/development code to allow for the developer to immediately begin crushing and burying the hazard onsite. Council Member Calvin commented that the fifth ward residents’ concerns over the concrete pile are being overlooked and that staff needs to take responsibility, asking how this situation occurred and how concrete came to be delivered to the site. Huntley provided information on the process of how concrete came to be at the location and City Council adopted a resolution on October 21, 2020 to change the City’s process that prevented any additional grinding on site. Council Member Calvin expressed that it is appalling that this decision will cost the City an enormous amount of money and asked the Mayor if he received donations from the developer. Council Member Figueroa commented on other areas of the City that are also experiencing dumping of concrete that has led to rodent infestation and other issues Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 18 Printed 4/9/2021 and informed residents that the areas that are experiencing these issues are just as important. Council Member Reynoso commented on Council Member Figueroa’s comment, stating that he is correct and that he will support any rectification of poor development by any means. Council Member Calvin thanked Council Member Figueroa for his comments and added that there is a large debris area in the sixth ward as well and feels that all wards should be looked at the same. Council Member Shorett commented that he is in agreement and that all wards experience illegal dumping; however this item that City Council is discussing is not illegal dumping. Mayor Valdivia inquired where the money to fund this item is coming from. City Manager Field advised that it will be funded from Undesignated Reserves. Council Member Shorett stated that Undesignated Reserves is still money that goes to the City, is designated towards the quality of life towards the City, and is still taxpayer’s money. Mayor Pro Tem Ibarra asked Public Works Director Jensen how staff estimated the 2,800 trips of concrete. Ms. Jensen advised that the information was based off of the property owner placing the concrete at the site. Mayor Pro Tem Ibarra stated that the trucks going uphill with the concrete was much more damaging than it will be when they travel downhill with the concrete and stated that giving another opportunity to the developer who has continuously disregarded the City is not something she can consider. Mayor Pro Tem Ibarra commented on the discussion in October, stating that she believes the topic was related to a permit to grind concrete, not to take the concrete to the site. Mr. Huntley stated that Mayor Pro Tem Ibarra is correct, adding that former Council Member Nickel brought up concerns with grinding on site. Mr. Huntley stated that City Council directed staff to modify temporary use permit standards to not allow grinding on residential properties, and if it was allowed, it would have to be 1,000 feet from a residential property. Council Member Sanchez reiterated that the fastest and safest way to remove the concrete is to crush on site. Council Member Calvin asked if there was a resolution created stating grinding on site is not allowed. City Attorney Carvalho advised that the item on the agenda is to approve the contract. Ms. Carvalho stated City Council can give direction to staff to reverse a previously Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 19 Printed 4/9/2021 adopted resolution; however that is not the item on the agenda tonight and the item would need to be properly placed on a future agenda. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY MAYOR PRO TEM IBARRA, to approve staff recommendation. Council Member Sanchez asked the City Attorney if he can make a motion to make an exception for crushing on site once. Ms. Carvalho advised that a motion can be made to bring that item back for discussion; however the noticed action on this agenda was to adopt a contract. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to direct staff to bring back at item to modify resolution No. 2020-265 to allow for the developer to immediately begin crushing and burying the hazard onsite (Mayor Pro Tem Ibarra, Council Members Reynoso, Calvin, and Alexander opposed). RESULT: MOTION FAILED MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY MAYOR PRO TEM IBARRA, to approve staff recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-85 APPROVING THE NUISANCE ABATEMENT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CEMEX CORPORATION OF ONTARIO, CALIFORNIA, DATED MARCH 31, 2021 IN AN AMOUNT NOT TO EXCEED $1,470,000 TO PROVIDE ABATEMENT SERVICES REQUIRED AT PRIVATE PROPERTY LOCATED ON N. PALM AVENUE, SAN BERNARDINO, CALIFORNIA 92407; APNS: 0261-011-08-0000, 0261-011-13-0000, 0261-011-14-0000 (“PROJECT”); AMENDING THE FY 2020/21 OPERATING BUDGET TO APPROPRIATE $2,000,000 FROM THE CITY’S UNDESIGNATED GENERAL FUND RESERVE TO SUPPORT THE PROJECT TO INCLUDE THE COST OF THE ABATEMENT SERVICES IN THE AMOUNT OF $1,470,000, PROJECT CONTINGENCIES IN THE AMOUNT OF $330,000, AND ANTICIPATED PROJECT WATER USE IN THE AMOUNT OF $200,000; AND AUTHORIZING THE CITY MANAGER TO EXPEND CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT, CARRIED (4-3) MOVER: Ben Reynoso, Ward 5 SECONDER: Sandra Ibarra, Ward 2 AYES: Ibarra, Reynoso, Calvin, Alexander NOES: Sanchez, Figueroa, Shorett Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 20 Printed 4/9/2021 31. Resolution Declaring Glen Helen Road Property as Surplus Land Recommendation Adopt Resolution No. 2021-86 of the Mayor and City Council of the City of San Bernardino, California, declaring City-owned property located on Glen Helen Road, west of the I-215 and I-15 interchange, and parallel to the Southern Pacific Railroad, as surplus land, and direct the General Manager to comply with the requirements of the Surplus Land Act, Government Code, Section 54220 et seq., for the disposition of surplus land. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 32. Request Full Report (Within 30 Days) on the Process to Restrict Truck Routes (Council Member Alexander) MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY MAYOR PRO TEM IBARRA, to bring back a report on the process to restrict truck routes. CARRIED 7-0 – Passed Unanimously 33. Direction to Develop a Policy Regarding Appointments to Boards and Commissions (Council Member Alexander) Assistant City Manager Kramer asked for clarification on the item with the details of the request. Council Member Alexander asked for the Charter Review Committee to be activated so the City can move forward with working on the City Charter. Ms. Kramer advised that the Committee already exists and the next scheduled meeting will occur in June. Mayor Valdivia pulled the item. No action was taken since the Committee already exists. 34. Amend the Charter to Remove the Position of the Mayor as a Full-Time Elected Official (Council Member Shorett) Council Member Shorett stated that he would like to have a discussion regarding this item and that he believes this is necessary and would provide cost savings to the City. Council Member Shorett stated that there should be discussion regarding amending the Charter to eliminate the position of the Mayor and place it on the 2022 ballot, allowing the public to decide. Council Member Figueroa supports the review of the role of Mayor and the veto power that the position has. Council Member Figueroa also cautioned that Council Members should not broadcast to the Charter Review Committee their opinions on the matter, and allow the Committee to have an unbiased discussion on the role of the Mayor. Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 21 Printed 4/9/2021 Mayor Valdivia asked Council Member Shorett what his recommendation is. Council Member Shorett stated that he is recommending that the discussion be with City Council and he would like staff to come back with recommendations on how other cities have moved forward and how this can placed on 2022 ballot after the community and Committee provide input. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER CALVIN, to bring back an item to discuss amending the Charter to remove the position of the Mayor as a full-time elected official. CARRIED 7-0 – Passed Unanimously 35. Public Comments and Comments by Council Members from the Dais at Council Meetings (Council Member Shorett) Council Member Shorett expressed that City Council should be voting after public comments are heard and commented that Commission appointments are before public comments. Council Member Shorett stated that the Public Comments should be heard before all agenda items. Council Member Shorett also commented that Council Members used to have the opportunity to make announcements. He would like to allow each Council Member up to three minutes at the beginning of the meeting to make announcements again. Council Member Alexander expressed that he is in agreement with Council Shorett and would also like to reinstitute invocation at the beginning of the meeting. Council Member Shorett advised he will add reinstituting invocation to his motion. Council Member Reynoso commented on providing invocation and would like to be mindful of other beliefs in the community. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER SANCHEZ, to bring back an item regarding public comments, announcements by Council Members, and invocation. CARRIED 7-0 – Passed Unanimously 36. Citywide Warehouse Moratorium (Council Member Reynoso) Council Member Reynoso expressed that he would like staff to bring back an item regarding a citywide warehouse moratorium in the next 30 days to discuss the action of ending all warehouse development and look into what has already been built in the City. Council Member Sanchez expressed that for the moratorium to pass, he believes it would require five votes from City Council. Council Member Sanchez stated that he would like this to be part of the larger General Plan Update and for City Council to be provided an assessment of the impact these warehouses have had. He would prefer to direct staff to come back with an assessment of the hazards of these warehouses, adding that a decision should not be made without the information. Council Member Regular Meeting Minutes April 7, 2021 Mayor and City Council of the City of San Bernardino Page 22 Printed 4/9/2021 Sanchez would like to direct staff to come back with a comprehensive assessment regarding the hazards associated with the warehouses in the City. Council Member Reynoso stated that the data already exists. Council Member Shorett expressed that he does not support a moratorium and it is the wrong message to send to the development community. MOTION BY MAYOR PRO TEM IBARRA, SECONDED BY COUNCIL MEMBER REYNOSO, to bring back an item for discussion on a citywide warehouse moratorium. CARRIED 5-2 (Council Members Sanchez and Shorett voting in opposition) 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 10:16 P.M. The Mayor and City Council will adjourn to a special meeting that will be held on Thursday, April 8, 2021 via tele-conference. Open Session will begin at 5:30 p.m. BY: Genoveva Rocha, CMC City Clerk