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Home My WebLink About02-15-2023 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, FEBRUARY 15, 2023 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:12 PM by Mayor Helen Tran on Wednesday, February 15, 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 February 15, 2023 Mayor and City Council of the City of San Bernardino Page 2 7:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Steven D. Shepard led the Invocation and Isabella Arreola from Ramona Alessandro Elementary led the Pledge of Allegiance to the Flag. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Prior to hearing public comments Mayor Tran requested the number of speakers slips received for public comments by the City Clerk. The City Clerk provided the number of speakers which was thirty-eight (38). The mayor requested a consensus of the City Council to reduce the speaker time from three (3) minutes to 90 seconds. There was no consensus and the time allowed to speakers remained three (3) minutes. John Longville spoke in favor of Item No. 9 - Ranked Choice Voting, and in favor Item No. 10 proper staffing for Mayor and City Council. David Friedman spoke in favor of Item. No. 9 and Item No. 10. He also spoke on his Business Improvement District to revitalize downtown. E. Negrete spoke on the limitations being placed on Public Comments. She also spoke in opposition of the Burrtec rate increases. Treasure Ortiz spoke on the limitations on Public Comment. She spoke in opposition to additional staff for the mayor and the associated salaries. She also spoke in opposition to grinding in the city. Jim Smith spoke on the great direction of the city and was in favor of Item No. 10. The following individuals spoke in favor of item No. 9 and provided examples of benefits of its implementation. John Shollenberger spoke on Public Safety and street lighting to improve crime in the city. Viviana Aguilar, with the Office of Pete Aguilar is the Constituent Service Representative for San Bernardino and offered her assistance to residents. Wendy Whittaker spoke in favor of Item No. 10. She is in favor of adequate staffing for the Mayor and City Council. Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 3 Ivette Romero spoke in favor of item No. 14. Robert Carrillo spoke in favor of declaring homelessness an emergency and in favor of item No. 14. Enrique Camacho spoke on San Bernardino being a model city years ago and in favor of Item No. 10. Daniel G. spoke on the Airport Gateway Specific plan and the lack of information being provided to residents. He also spoke in opposition to onsite crushing for the project and the possible displacement of residents with the project. Silver Montero spoke on staffing agencies, wages for warehouse workers, and in favor of a Community Benefits agreement for the Gateway Specific Plan. Martha Romero of the Teamsters 1932 spoke in favor of using union workers for the gateway specific plan, she commented on the residents in the area and the issues with notices and translation of information regarding the project. Edwin Johnson spoke about Juneteenth and made a request for the city to provide $50,000 toward the Juneteenth event. Brenda Armstrong spoke in favor of the Juneteenth event and funding requested by Edwin Johnson. Ronnie Miller of Sisters Making a Difference, founder and Vice President of Juneteenth committee, thanked San Bernardino Valley College for hosting the event. She spoke in favor of providing funding to the organization for the event. Mark Edelson commented on the Verdemont area and requested the City Council direct staff to take decisive action to abate the Palm Avenue ruble. Dolores Armstead spoke in favor of removing the ‘Oxbow’ ruble. She spoke in opposition to Ranked Choice Voting, wants staff to do additional research on the impact on the community. Russel D. spoke on the youth opportunity center and on homeless outreach approved at a prior meeting. He spoke on an issue with Public Works and an uncovered pipe behind his property. Georgia Ovanin spoke on repairs to a pipe that are needed behind her home, that was not addressed by the Public Works Department. Francisco Campos spoke on the properties he owns in the city and on issue he’s having. He spoke on the homeless and the issues they create. He spoke on the responsiveness of the Police Department. Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 4 Miriam Nieto spoke in support of item No.14. and in favor of Ranked Choice Voting, and wanted additional education on Ranked Choice Voting. Jose Barrera spoke on the crisis in healthcare and lack of staffing and retention of healthcare workers. Robert Porter spoke on the Mayor City Council meeting time and a desire for it to be moved to 5:00 p.m. He spoke on property owners and residents being responsible for keeping the city looking good. Geddes Mohammad spoke in favor of Item No. 10 for Mayor City Council staffing. Hayward Jackson read from the bible, Titus Chapter 3. Sandra Salazar spoke on opposition to item No. 10 and the lack of information that was provided. Luis Ojeda spoke on freedom of speech and his displeasure on the limit of freedom of speech. Thanked law enforcement and all departments for their work. Christopher Williams spoke on the homeless sleeping in front of homes and requested that the city help the homeless. Zoom Public Comments P. Miller spoke on the Police Department and encourages residents to participate in Coffee with a Cop event. Jody Eisenberg spoke in favor of Ranked Choice Voting and moving the item forward to be added to the ballot. She also spoke in support of better jobs and a Community Benefits Agreement for the airport project. Karen Suarez spoke in support of Ranked Choice Voting and wants the item on the ballot. Spoke on the displacement of individuals to work with residents on anti- displacement actions. Paula Plunk expressed displeasure with the mayor for limiting the public comments speaker time. She also spoke on grinding in the city, Public Works and Community Development. Donald Plunk expressed displeasure with the mayor for limiting the time of the public comments. Spoke on grinding and the cancellation of the Planning Commission meeting the prior evening. ADA Comment was read by City Clerk Genoveva Rocha Tim Dorame spoke in opposition to item No. 10 regarding the mayor increasing staff. Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 5 PUBLIC HEARINGS The agenda was re-ordered, and the public hearing was heard at this time. 11. 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 Honorable Mayor and City Council members 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. 2023-030, a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement to adjust the Maximum Permitted Service Rates 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. Mayor Tran opened the public hearing at 9:44 p.m. Environmental Programs Coordinator, Leslie Graciano gave a presentation to the Mayor and City Council. There were 11 public speakers, 1 ADA accommodation. The following individuals spoke in opposition of the rate increase by Burrtec Clementina Pina Bernal spoke on the notice that was provided having the incorrect remittance address to the residents. ADA Comment Read by Chief Deputy City Clerk Telicia Lopez Hardy Brown spoke in opposition to the rate increase by Burrtec. Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 6 Prior to the close of the public hearing, Interim City Manager Charles McNeely made a statement regarding the noticing process for the hearing. Due to statements made by some speakers, there was a possible error in issuing the hearing notice. Interim City Manager McNeely requested that the hearing be closed and indicated that the notice would be reissued for a new public hearing. The public hearing was closed at 10:11 p.m. Councilmember Sanchez asked the City Attorney’s Office for clarification on whether the city met the requirements of Proposition 218 for the public hearing. City Attorney Carvalho indicated that the address provided on the notice was not the current address for the City Clerk’s Office. Due to the error on the notice, the requirements of Proposition 218 were not met and the notice is deemed inadequate. RESULT: ITEM WAS PULLED BY STAFF DUE TO A NOTICING ERROR; STAFF WILL RE-START THE NOTICING PROCESS. 12. Resolution Approving Street Vacation of a Portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and Reservation of Utilities Therein (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-003 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of E Drake Drive between E Central Avenue and E Mill Street, and West of S Foisy Street and reservation of utilities therein. Mayor Tran opened the public hearing at 10:13 p.m. Director of Community and Economic Development, Nathan Freemen gave a presentation. Council Member Calvin questioned if the proposed vacation is located near residential homes. Director Freeman advised that the area including the homes is zoned as industrial. There were no public speakers for this item. The public hearing was closed at 10:17 p.m. RESULT: ADOPTED RESOLUTION NO. 2022-003 [4-3] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett NOE: Ben Reynoso, Kimberly Calvin, Damon Alexander CITY MANAGER UPDATE At this time, Jeff Kraus, Public Information Officer provided city-wide updates. Highlights included Breeze Airway flights to Las Vegas, Parks and Recreation outstanding Social Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 7 Media, Mayor Tran SCAG Regional Committee appointment, Black History Month and the Art Fest. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS Mayor Tran asked for a consensus of the City Council to skip Mayor and City Council updates. A consensus was reached, and no Council updates were provided. PRESENTATIONS 1. February 2023 Citizen(s) of the Month – Norma Baltich, Robert Porter, Julie Quezada and John Schollenberger – 7th Ward Constituents Council member Alexander presented Citizen of the Month certificates to John Schollenberger, Julie Quezada, and Robert Porter. Awardee Norma Baltich was not in attendance. APPOINTMENTS 2. Public Safety and Human Relations Commission Appointment (Ward 4) Councilmember Shorett appointed Gonzalo B. “Junior” Carrillo to the Public Safety and Human Relations Commission. RESULT: APPOINTED GONZALO B. “JUNIOR” CARRILLO TO THE PUBLIC SAFETY AND HUMAN RELATIONS COMMISSION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 8 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 AND PULLED ITEM NO. 3 FOR A SEPARATE VOTE [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 3. Amendment No. 1 to the Professional Services Agreement with Environmental Klean-up Services, Inc. for the Abatement of Nuisance Properties located at 247-267 East Ennis Street and 147 South E Street (Wards 1 and 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Professional Services Agreement with Environmental Klean-up Services, Inc. for the abatement of nuisance properties located at 247-267 East Ennis Street and 147 South E Street. Item No. 3 of the Consent Calendar was pulled by Councilmember Sanchez to bring attention to this project, that would involve crushing onsite at this location. Agency Director of Community and Economic Development and Housing Nathan Freeman advised that the material would be broken up and hauled away. Councilmember Calvin asked if the terms crushing and grinding onsite are being used interchangeably. Director Freeman provided the definition of crushing and grinding, and advised that they are different processes. RESULT: APPROVED STAFF’S RECOMMENDATION [6-1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander NOES: Kimberly Calvin Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 9 4. Legislative Affairs 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 report on the City of San Bernardino Legislative and Regulatory Platform; and 2. Receive and file an update on the projects to be included in the City of San Bernardino FY 2023/2024 state and federal budget requests; and 3. Receive and file a report on the City’s state and federal legislative advocacy efforts in 2022; and 4. Ratify the FY 2023/2024 Assembly District Budget Request; and 5. Receive and file a draft itinerary for the 2023 National League of Cities Congressional City Conference. RESULT: APPROVED STAFF’S RECOMMENDATION (7-0) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 5. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 6. Approval of Amended Form of Funding and Acquisition Agreement Pertaining to Community Facilities District No. 2020 -1 (Rancho Palma) of the City of San Bernardino (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-021 of the Mayor and City Council of the City of San Bernardino, California, Approving an Amended Form of Funding and Acquisition Agreement Pertaining to Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California. Typographical error on Resolution No. 2023-021 on the agenda. The staff report reflects the correct information as Resolution No. 2023-029. Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED RESOLUTION NO. 2023-029 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 7. Amendment to Increase Purchase Order with Adamson Police Products (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to increase the existing purchase order with Adamson Police Products to an amount not to exceed $110,000 for the 2022/23 fiscal year to allow for the purchase of ballistic vests, safety equipment and supplies. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 8. Task Order Issued to Transtech Engineers for Augmented Engineering Services Pursuant to Professional Service Agreement for On-Call Engineering Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Task Order Transtech001 to Transtech Engineers to provide augmented Capital Improvement Program Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services and authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $135,850. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander DISCUSSION 9. Ranked Choice Voting Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the report and presentation or provide direction to staff regarding the next steps. Chief Deputy City Clerk Telicia Lopez provided a presentation on Ranked Choice Voting. Councilmember Ibarra requested information on voter turnout when Ranked Choice Voting was implemented. In addition, she requested more work to be done on Ranked Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 11 Choice Voting. Councilmember Reynoso expressed a need for more detailing on how the process works. Councilmember Reynoso made a motion to approve the item. Council Member Sanchez asked if the city would be allowed to consolidate the election with the County of San Bernardino if we choose to implement Ranked Choice Voting. City Clerk Rocha provided feedback and advised that the County of San Bernardino could choose to allow or deny the city’s request to consolidate the election. Councilmember Reynoso rescinded his motion to approve the item and made a motion to approve a workshop on Ranked Choice Voting. Councilmember Shorett expressed that he was not in favor of the process. He also expressed that through the charter we could have a winner take all election and not participate in the primary. RESULT: DIRECTION WAS PROVIDED TO STAFF TO SCHEDULE A WORKSHOP [4-3] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Ibarra, Reynoso, Calvin, Alexander NOES: Theodore Sanchez, Juan Figueroa, Fred Shorett 10. Consider the appropriate staffing levels for both the Office of the Mayor and the City Council Office (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Approved the proposed staffing for both the Office of the Mayor and the City Council Office, and Adopt Resolution No. 2023-031 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $143,387. Interim City Manager Charles McNeely provided the presentation to consider the staffing levels of the Mayor and City Council offices. During the discussion of the staffing levels for the Mayor’s Office the general consensus of the City council was in opposition to adding any additional staff to the office of the Mayor. Mayor Pro Tem Shorett spoke on the changes in the City Charter, and the current role of the mayor. He said that due to the city being a Council - Manager form of government there is no need for additional office staff for the Mayor. Funding should be allocated to Police Department or Code Enforcement. Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 12 Councilmember Shorett made a substitute motion to increase the staff in the council office by two and none for the mayor. That motion failed 3-4, Council Members Ibarra, Reynoso, Calvin, and Alexander voted in opposition. Council Member Sanchez made a motion to table the item, with a second by Mayor Pro Tem Shorett. Motion passed 4 to 3, with Council Members Reynoso, Calvin, and Alexander voting in opposition. RESULT: ITEM WAS TABLED [4-3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, NOES: Ben Reynoso, Kimberly Calvin, Damon Alexander PUBLIC HEARINGS Public hearings were called out of order after public comments. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 13. Presentation of Sustainable Renewable Green Energy Initiative – The AWE System – Mayor Tran RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [5-2] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Ibarra, Figueroa, Reynoso, Calvin, Alexander NOES: Theodore Sanchez, Fred Shorett 14. To consider formalizing an annual partnership with San Bernardino Valley College and CBOs who host the annual Juneteenth event with financial support up to $50,000 (Ward 3) – Council Member Reynoso RESULT: DIRECTED STAFF TO BRING FORWARD A BLANKET POLICY TO SUPPORT ALL IN-KIND COMMUNITY EVENTS [6-0] MOVER: Kimberly Calvin, Council Member, Ward 6 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Minutes February 15, 2023 Mayor and City Council of the City of San Bernardino Page 13 15. State of Emergency: Duties, Powers and Responsibilities of the Mayor's Office and Council (All Wards) – Council Member Alexander RESULT: APPROVED FOR DISCUSSION AT A FUTURE WORKSHOP TO COINCIDE WITH RANKED CHOICE VOTING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Ben Reynoso ADJOURNMENT The meeting of the Mayor and City Council was adjourned on, Wednesday, February 15, 2023, at 11:53 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, March 1, 2023, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m. By: _________________________ Telicia Lopez, CMC