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Home My WebLink About05-17-2023 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 JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MAY 17, 2023 5:30 PM Closed Session was called to order at 5:30 PM by Mayor Helen Tran on Wednesday, May 17, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no requests to speak, or written comments received for Closed Session. CLOSED SESSION A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process) 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:11 PM by Mayor Helen Tran on Wednesday, May 17, 2023, at Feldheym Central Library, San Bernardino, CA. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Byron Sims of New Kingdom Culture Worship Centre led the Invocation and Girl Scout Troop #446 led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there was one closed session item regarding the recruitment of the city manager, however there was no reportable action. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Todd Hoose, Federal Emergency Management Agency (FEMA) representative spoke on the services and assistance being offered by FEMA. For assistance call 800-621- 3362. Carmen Gallegos spoke about unlicensed contractors operating, blight, building fires downtown and fireworks enforcement. The following students and staff from Akoma Unity Center spoke regarding the “Drip’d Squad” Water Resource Program. Sponsored by the University of California, Riverside, Peoples Collective for Environmental Justice, Caps Expanded Learning, and San Bernardino Water Department: Georgia Lykouretzos spoke on the homeless who need to shelter animals. Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 3 Barbara Nitis, U.S. Small Business Administration – Disaster Relief, spoke on the assistance that is available for homeowners, renters, churches and businesses due to disasters. John Shollenberger spoke on the quality-of-life issues that affect the 6th Ward. He acknowledged the efforts of Council Member Calvin. Prophet Dominic Antunez spoke on the city’s bankruptcy, homelessness, and Raves in the city. Al Palazzo spoke on renovations of the Andreson building and the potential to attract a lot of people like the Mission Inn. Christian Tobar worked with Wildwood Neighborhood Association for the Electric Avenue project to preserve San Bernardino History. Treasure Ortiz spoke on the cleaning of Perris Hill Park and the displacement of the homeless to other areas in the city. Christian Rodriguez spoke on the displaced homeless and the ineffectiveness of the Perris Hill Park cleanup. The following individuals spoke in support of a Request for Proposal for the Carousel Mall development project that would include 25 percent affordable housing and a Community Benefits Agreement for local jobs and livable wages for workers. Mike Hartley expressed satisfaction with the city for the quick response they provided to a parking issue, and dissatisfaction with Code Enforcements responsiveness. Kristen Malaby representative, of a street medical team, requested city recognition for addressing the mental health crisis among the homeless. Miguel Rodriguez expressed dissatisfaction with the fines he’s received as a day laborer near Home Depot and asked the city to find alternative solutions to citations and fines. Fanelly Millan spoke in memory of Mario Barron, a day laborer who passed away. She spoke in support of a worker center and an emergency ordinance to cease enforcement actions on day laborers. Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 4 Mayor Tran re-ordered the agenda during Public Comments and opened the Public Hearing for Item No. 15 on the agenda. PUBLIC HEARINGS 15. Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions: 1. Conduct a Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and 2. Close the Public Hearing after all public comments have been heard; and 3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the solid waste service rate increases, and, if a majority protest is not received; and 4. Adopt Resolution No. 2023-074, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act. City Attorney Sonia Carvalho explained the requirements of Proposition 218, governing the public hearing and the proposed adoption of the rates and charges. Mayor Tran opened the public hearing at 8:03 p.m. Prior to the staff presentation, Council Member Sanchez made a motion to re-enter negotiations on the rates with Burrtec and continue the public hearing to June 21, 2023. In addition, he requested a survey on the Senate Bill (SB) 1383 rate increase implementation with other trash haulers. Council Member Alexander requested to include an option for Senior Citizen reduced rates. Mayor Tran requested addressing blight clean up and illegal dumping. Mayor Pro Tem Shorett requested a survey of what other agencies are doing to implement SB 1383 requirements Council Member Sanchez asked staff to seek the option of a smaller trash bin. Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 5 RESULT: THE PUBLIC HEARING WAS CONTINUED TO THE MEETING OF JUNE 21, 2023. COUNCIL DIRECTED STAFF TO ENTER SHORT- TERM NEGOTIATIONS WITH BURRTEC FOR LOWER RATE OPTIONS, LOWER RATES FOR SENIORS, SMALLER BIN OPTIONS, BLIGHT/ILLEGAL DUMPING CLEAN UP. INCLUDE SENATE BILL 1383 RATE INCREASE SURVEY IN THE STAFF REPORT. MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Mayor Tran re-ordered the agenda and called the Presentations prior to the conclusion of public comments, after continuing the Public Hearing. PRESENTATIONS 1. Proclamation for National Public Works Week in the City of San Bernardino – May 21st –27th, 2023 (All Wards) Mayor Tran presented the Proclamation to Agency Director of Public Works Daniel Hernandez and various Public Works staff. 2. Proclamation for National Salvation Army Week in the City of San Bernardino – May 15th – 21st, 2023 (All Wards) Mayor Tran and Mayor Pro Tem Shorett presented the Proclamation to Salvation Army Major Isaias Beck Braga and Major Adelma Braga, Corps Officer At this time, public comments resumed. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA The following speakers spoke in support of street vending operations and day laborers and requested that the city cease all enforcement efforts. Esmerelda Negrete spoke on an agreement with the American Civil Liberties Union (ACLU) and former City Manager Robert Field. She spoke on a need for checks and balances in the City Manager role. She also spoke in opposition to the salary of the mayor’s assistant. Junior Carrillo forfeited his time to expedite the meeting. Daniel Jivanjee spoke on the homeless crisis and the Inland Valley Development Airport Gateway Specific Plans potential to displace around 2,300 residents. Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 6 Dolores Armstead spoke on Item No. 5 and requested the workshop be open to the public to allow the community to have input. At this time Zoom Public Comments Were heard: Lessy Philpot spoke in opposition to Item No. 20, from the May 3, 2023, Mayor and City Council Meeting. He expressed opposition to the Police Department hiring officers that were under investigation from other agencies. Hardy Brown spoke about his displeasure of Mayor Pro Tem Shorett not supporting Mayor Tran as the Chair for the Inland Valley Development Agency Board. Tina requested to meet with the Mayor and Council Member Alexander. CITY MANAGER UPDATE At this time, Jeff Kraus provided city-wide updates. Highlights included the Draft Housing Element release, American Planning Association Award, acknowledged Officer Dave Rosa for 40 years of service, California State University Baseball team selected for NCAA Tournament, Sizzlin’ Summer Nights and Memorial Day Ceremony for Fallen Heroes. Interim City Manager Charles McNeely responded to topics of concern from Public Comments which included advising the Mayor and City Council that he has met with labor representatives that spoke, addressed concerns on the temporary closure of Perris Hill Park and Meadowbrook Park for maintenance, and agenda items addressing homeless issues. At this time, Mayor Tran announced the Mayor and City Council Updates would be heard at the conclusion of City business. APPOINTMENTS 3. Public Safety and Human Relations Commission Reappointment (Ward 2) RESULT: APPROVED REAPPOINTMENT OF SEAN KELLEY [6-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 7 CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 4. M anagement Agreement with Local Golf Management LLC Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-063, approving a Management Agreement with Local Golf Management LLC. RESULT: ADOPTED RESOLUTION NO. 2023-063 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 5. Fiscal Year 2023-24 Assessment Levies for Previously Formed Assessment Districts. (All Wards) Recommendation: It is recommended that the Mayor and City Council adopt Resolution Nos. 2023-064, 2023- 065, 2023-066, 2023-067, and 2023-068 of the Mayor and City Council of the City of San Bernardino, California, declaring intention to levy and collect assessments for Fiscal Year 2023-24 within various assessment districts within the City of San Bernardino, approving engineer’s reports for each assessment district and providing notice of the time and place of hearing on proposed assessments in each assessment district. RESULT: ADOPTED RESOLUTION NOS. 2023-064, 2023-065, 2023-066, 2023-067, AND 2023-068 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 8 6. Approve the Professional Services Agreement with Kosmont Companies for Economic Development Advisory Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve a Professional Services Agreement with Kosmont Companies for Economic Development Advisory Services; and 2. Authorize the City Manager, or designee, to execute the Professional Services Agreement with Kosmont Companies; and 3. Adopt Resolution No. 2023-069 authorizing the Agency Director of Administrative Services to amend the Adopted FY 2022/2023 General Fund Operating Budget in the amount of $75,000; and 4. Authorize the Agency Director of Administrative Services to issue a Purchase Order in an amount not to exceed $75,000 to Kosmont Companies. RESULT: ADOPTED RESOLUTION NO. 2023-069 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 7. 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 April 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 8. Adoption of Resolution No. 2023-070 Appointing an Interim Agency Director of Community, Housing, and Economic Development (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Adopt Resolution No. 2023-070 appointing Mary E. Lanier as Agency Director of Community, Housing, and Economic Development on an interim basis Approve a Retired Annuitant Employment Agreement. Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 9 RESULT: ADOPTED RESOLUTION NO. 2023-070 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 9. Approve Final Tract Map No. 20494 for the Warmington Residential Project (Ward 6) Recommendation It is recommended that the Mayor and the City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-071 of the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20494 (Subdivision 21- 12) involving the subdivision of one parcel (APN 0143 -191 -59) containing approximately 9.9 acres into ninety-five (95) single-family residential lots and nine (9) lettered lots for common facility improvements, located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive; and 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. RESULT: ADOPTED RESOLUTION NO. 2023-071 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 10. Amendment No. 1 to Agreement with Anser Advisory Management, LLC (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Anser Advisory Management, LLC for construction management and inspection services extending the agreement until May 17, 2024. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 10 11. Concept Plan Approval for Eastside Skate Park Improvements at Speicher Park (Ward 2) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-072: Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund 268) for the Skate Park Improvements at Speicher Park (“Project”). RESULT: ADOPTED RESOLUTION NO. 2023-072 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 12. Pre-Approval of Mayor Travel for FY 2022/2023 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for Fiscal Year 2022/23. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso DISCUSSION 13. Adopt a Policy Designating a Meeting Minute Taker and Procedures for the Taking and Storing of Minutes Pertaining to Closed Session meetings of The Mayor and City Council Recommendation It is recommended that the City Council provide direction to staff or approve Resolution No. 2023-073 adopting the policy designating a meeting minute taker and procedures for the taking and storing of minutes pertaining to closed session meetings of the Mayor and City Council. City Clerk Genoveva Rocha gave a presentation to the Mayor and City Council. Council Member Ibarra asked when the Closed Session Minutes would be reported to the public. City Attorney Carvalho advised that reportable action is provided in compliance with the Brown Act. Council Member Shorett spoke in opposition to the item. Council Member Calvin spoke in favor of the item to allow the council to recount what has taken place in Closed Session. Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 11 RESULT: ADOPTED RESOLUTION NO. 2023-073 [4-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Calvin, Alexander NOES: Juan Figueroa, Fred Shorett ABSENT: Ben Reynoso 14. Responding to the City’s Urgent Homeless Crisis Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2023-075 authorizing the City of San Bernardino to submit a joint application with Hope the Mission to apply for Homekey 3.0 grant funding for the development SB HOPE Campus and authorize the City Manager, or designee, to sign any documents that may be required to apply for funding, including making minor and non-substantive changes; 2. Approve the Professional Service Agreement with Hope the Mission to oversee the City’s Homeless Outreach Project; 3. Authorize staff to negotiate and bring back a contract with Hope the Mission to act as developer and lead operator of the Navigation Center (SB HOPE Campus); 4. Approve the Mobile Shower Pilot Agreement between the City of San Bernardino (City) and Community Action Partnership of San Bernardino County (CAPSBC), from June 1, 2023, to May 31, 2024, in a total amount not to exceed $150,000 of American Rescue Plan Act (ARPA) funding; 5. Approve the reallocation of $973,500 in ARPA funds from San Bernardino Valley College and the City’s Relocation Assistance Program to provide interim housing for unhoused individuals during the development of the SB HOPE Campus; and 6. Adopt Resolution No.2023-076, the City of San Bernardino Homelessness State of Emergency Implementation Plan. Deputy Director of Housing, Cassandra Searcy gave a presentation with assistance from Agency Director of Public Works, Daniel Hernandez, and Director of Parks and Recreation, Lydie Gutfeld. Discussion ensued on this item. The City Council collectively offered support of the item presented by staff. Council Member Ibarra requested that an employment aspect be added to the project to assist with job training and placement. Regular Meeting Minutes May 17, 2023 Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED RESOLUTION NO. 2023-075 AND NO. 2023-076 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso PUBLIC HEARINGS 15. Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Mayor Tran re-ordered the agenda and called Item No. 15 prior to presentations. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included a meeting of the Perris Hill Park/Valencia Neighborhood Association, Muscupiabe Neighborhood Association, Community Clean-Up hosted by Calvary Chapel 1499 East Baseline, San Bernardino Food Fest, Habitat for Humanity, The Wildwood Neighborhood Association Plant Sale, Coffee with a cop May 16th, Pacific High School groundbreaking for Biomedical Technology Center, Salvation Army Homeless Pray in front of City Hall, Community Dump Day at Seccombe Lake, San Bernardino won a sustainability award from the Southern California Association of Governments. San Bernardino Valley College Chapter of the Lynx 45th Annual Scholarship Breakfast. Muscupiabe and Blair Park 1st Family Gala, and The Water Safety Challenge at Jerry Lewis Center. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, May 17, 2023, at 10:27 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, June 7, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Telicia Lopez, CMC