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HomeMy WebLinkAbout05-03-2023 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 3, 2023 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Helen Tran on Wednesday, May 3, 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 3, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments or requests to speak. City Attorney Sonia Carvalho made an announcement prior to convening into Closed Session. After the posting of the agenda the city was made aware of potential litigation to be taken on behalf of the developer involved in Item No. 23 of the open session agenda. To address this urgent matter, staff requested to add items C and D to the Closed Session Agenda. In accordance with Section 54954.2 (b)(2) of the Brown Act there must be a two-third vote (5/7) to add the item to the agenda, and there must be an immediate need to take action. Both requirements being, and the City Council took a vote to add the two items. RESULT: APPROVED TO ADD ITEMS C AND D [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i) Diana Herrera, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2000255 B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process) C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION – Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Carousel Mall Property, 43 acres Agency Negotiator: Charles McNeely, Interim City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation: Price and Terms Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 3 7:00 P.M. The meeting was called to order at 7:07 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Monk Thích Hue Phuc of Huyen Quang of the Vietnamese Youth Association led the Invocation and Lizzet Sotelo from Arrowview Middle school led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated that prior to closed session, the Mayor and City Council voted to add two items (Items C and D) to the closed session agenda. The items were added in accordance with the Brown Act. There was no reportable action from closed session. Mayor Tran re-ordered the agenda and public comments were heard after Presentations. PRESENTATIONS 1. Proclamation for Asian American Pacific Islander Heritage Month in the City of San Bernardino – May 2023 (All Wards) Mayor Tran presented the proclamation to Ramsey Sam, President of the Asian American Resources Center 2. Proclamation for the 54th Annual Professional Municipal Clerks Week in the City of San Bernardino – April 30th - May 6th, 2023 Mayor Tran presented the proclamation to Genoveva Rocha, City Clerk; Telicia Lopez, Chief Deputy City Clerk; Courtney Bowen, Deputy City Clerk; and Perla Lopez, Deputy City Clerk. 3. Proclamation Recognizing Water Safety Month in the City of San Bernardino – May 2023 (All Wards) Before the Mayor presented the proclamation, a public service announcement video was presented regarding water safety. Mayor Tran presented the proclamation to Lydie Gutfeld, Director of Parks, Recreation & Community Services, and Zachary Tamayo, Community Services Program Coordinator. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA E. Negrete, San Bernardino, asked the council to do their best with public funds and expressed concern about the issues in the city’s parks. She also spoke on the Mayor’s assistant’s work hours. David McCammack, business owner in San Bernardino, spoke on past Council Members being instrumental in the funding of several activities in the city. The past Council worked with the community. The current council shows adverse greed. He also mentioned having issues with code enforcement. Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 4 Janette McKaig, 7th ward resident, spoke in opposition to terminating the contract with developers of the downtown project, and asked the council to do the best for the city and residents. Doug Cameron, 7th ward resident, spoke on the issues of the homeless encampment in Perris Hill Park. He also spoke about the agreement with the American Civil Liberties Union (ACLU) of Southern California. Dolores Armstead, San Bernardino, spoke on Item 23 regarding the Carousel Mall, and asked the Council to get back on board. She also stated that something needs to be done with illegal vendors and suggested a specific site for legal street vendors. Veronica Muñoz, Wildwood Park Neighborhood Association, submitted a letter for the record regarding homeless encampments. Juan Carrera, Angel Heart Bio Trauma, spoke about homeless encampments. His business is currently contracted with the Police Department and Public Works Department, but he expressed concern to the Council that he feels his business needs to be utilized to help clean the city. Christian Tobar, San Bernardino resident, spoke on the behavior of the vagrants in the city, specifically on 40th Street. He asked the Council to take action and help the city and its residents. Charles Minor, CD Construction, commented about the homeless issue. He offered his help to the Council to help house people experiencing homelessness. Alfred Palazzo, Former Deputy Assessor, advised how he would rebuild San Bernardino. He expressed his vision of what he would build and incorporate in the city, and that he would make sure to include the residents. He asked the Council to consider his vision. Christian Flores, community organizer with Inland Congregations United for Change and Something Better for San Bernardino Coalition, spoke in support of a Community Benefits Agreement (CBA), affordable housing, and well-paying jobs for the residents. Dr. Treasure Ortiz, 7th Ward resident, commented about the American Civil Liberties Union (ACLU) agreement and the lack of transparency and accountability from the Council. She expressed her concerns about safety and homelessness in the city. She also spoke against item 23 and asked the Council to start thinking about the residents. Carlos Penilla, business owner, spoke about the homeless issue and the trash throughout the city streets. Asked the Council to do better and work with business owners to help clean the streets. Malibu, another resident, helped him express his concern regarding the trash around his restaurant and that the red curb needs to be removed to help his business. Harry Hatch, 7th Ward, spoke against the American Civil Liberties Union (ACLU) Agreement and how it only represents one person versus all the residents. Asked the Council to deny the agreement. Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 5 Nelson Cabrera, business owner, commented about the streets being littered and the homeless situation. He asked the Council to help San Bernardino be a better city and help businesses stay in the city. He also thanked the Council for the recognition. Vince Laster, Vice President of the Neighborhood Association Council, expressed concern with the homeless situation. He stated that over the years, the neighborhood association has helped clean up and done community outreach. Malibu, informed about the resource center for the community, pointed out the T.V. blocking the view to the dais, and addressed Council Member Reynoso regarding the way he dresses at the meetings. Teresa Carlisle, San Bernardino, spoke about the homeless crisis. She asked the Council to be part of the solution, not the problem, and help the homeless community by working together. Lastly, she mentioned how dirty the parks are and how they need to be cleaned up. Misti Stephens, San Bernardino, expressed concern for the homeless issue in the parks during baseball practice. She expressed how the majority of the homeless have mental health issues and use illegal drugs. She submitted an article regarding homelessness for the record. Vivian Corey, San Bernardino, spoke on the homeless incident that occurred at Wildwood Park on April 18th during baseball practice. She asked Council to help with the situation and have police officers at the park. James Smith, San Bernardino, commented in support of positive things that are happening in the city. He congratulated Ms. Gutfeld on receiving an award from the State of California for the top parks department. He asked the community to work on the city‘s image and support the Mayor and Council for their hard work. He mentioned other cities are also experiencing homelessness issues. Jack Wolf spoke about Measure S and the City of San Bernardino being the most dangerous city per capita. He asked the Council to increase the number of police officers in the city by using Measure S funds. Kimberly Miller, 5th Ward resident, expressed concern about the homeless issue in the city and the importance of having social workers help the police officers with mental health. Steven Bielak, San Bernardino, spoke on the air quality related to the Carousel Mall demolition. He asked if there was any environmental report done before the grinding and if the citizens are allowed to see the reports. Junior Carrillo, San Bernardino, addressed the public regarding the homeless and crime in the city. He asked the community to be involved in helping make a difference. He expressed that the Mayor and City Council want the best for the city. Luis Ojeda, President/Founder of We Are the Change, spoke about the community being reactive, not proactive. He encouraged the community to express their concerns Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 6 to the county, state, and federal officials. He invited the community to the Cinco de Mayo event. He thanked staff, Assistant City Manager, Interim City Manager and all the people who helped him. Victor Beecham, Assistant Director of Operation New Hope, addressed the community on the epidemic of homelessness. He reports Operation New Hope is helping people with mental health, youth reinvestment, and families that need resources. He thanked the Mayor and City Council for all the good work that they are doing. Rocio Aguayo, 1st Ward, Just San Bernardino, Member of Something Better for San Bernardino Coalition and Airport Coalition, thanked Nathan Freeman, Director of Community & Economic Development and City Planner, for all their time. She suggested a community panel to find staff who would stay and put in the work for the city. Spoke about the Carousel Mall needing a Community Benefits Agreement (CBA). And lastly, she expressed embarrassment from Council Member Shorett for not supporting Mayor Tran during the Inland Valley Development Agency (IVDA) meeting. Max Zahir, Owner of Celebrities Sports Grill, spoke about homelessness. He expressed concern on how the homelessness is rising in the city, and offered his help. Miriam Nieto, Co-Director with Just San Bernardino, commented about the progress of the city and expressed concerns regarding staff. She asked for the community and government to work together to bring the city forward. At this time, the following remote speakers were heard via Zoom: Paula Plunk, spoke on the homeless and the American Civil Liberties Union (ACLU) Agreement. She expressed that the City Council and staff knew and lied about the date the agreement went into effect. She also opposed item 23 and stated that the Interim City Manager isn’t making the correct decisions for the city. Public Commenter (name unintelligible) informed the voters of San Bernardino that Council and staff are lying and hiding information from the public. They also spoke against the demolition of the Carousel Mall. They mentioned the homeless State of Emergency being worthless because of the agreement signed with American Civil Liberties (ACLU). Marie Robison, 2nd Ward resident, agreed with a previous speaker about the good in the city. She also wanted to know which community meetings Council Member Ibarra attends to hear her residents. She expressed concern about the apartment complex where she currently lives. Georgia asked the Mayor and City Council to take in consideration the pets of the homeless when discussing the homeless plan. She also asked to adopt a city policy to help save the animals. At this time, additional in-person speakers were heard: Nathaniel Moore, commented about the homeless problem at Perris Hill Park and stated it needs to be fixed. Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 7 Marva Castro, informed about the homeless problem in the city. She suggested using empty buildings in the city to house the homeless, but also mentioned not all homeless can be housed together. She offered the Mayor and City Council her help. Written public comments were also provided to the Mayor and City Council. CITY MANAGER UPDATE At this time, Jeff Kraus, Public Information Officer, provided city-wide updates. Highlights included the County and City Homeless Point in Time Count, federal funds for housing, the 20th anniversary of the Sister City relationship, the reopening of the Makerspace at Feldheym Library and the city winning the SCAG Sustainability Award for Clean Fleet Policy. Interim City Manager Charles McNeely provided responses for comments made regarding the hiring of police officers, the use of Measure S funds, street vending enforcement, and homelessness. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community on the events they attended, upcoming events, homeless issues in the city, shelter for the homeless, and responses to comments. APPOINTMENTS A motion was made by Council Member Ibarra and seconded by Council Member Reynoso to approve the appointments in one vote and pull any that need a separate discussion. Item No. 4 through Item No. 10 were approved with a unanimous vote. 4. Charter Review Committee Appointment (Ward 6) RESULT: APPROVED APPOINTMENT [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 8 5. Public Safety and Human Relations Commission Appointment (Ward 6) RESULT: APPROVED APPOINTMENT [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 6. Downtown Advisory Committee Reappointment (Ward 2) RESULT: APPROVED APPOINTMENT [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 7. General Plan Advisory Committee Reappointment (Ward 2) RESULT: APPROVED REAPPOINTMENT [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 8. Planning Commission Reappointment (Ward 2) RESULT: APPROVED REAPPOINTMENT [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 9. Animal Control Commission Reappointment of Angela Halfman (Mayor’s Appointment) RESULT: APPROVED REAPPOINTMENT [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 9 10. Animal Control Commission Appointment of Jason Kakpo-Moore (Mayor’s Appointment) RESULT: APPROVED APPOINTMENT [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 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 Figueroa and Council Member Calvin left the dais. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 22 FOR DISCUSSION [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin 11. Adoption of Ordinance No. MC-1616 (Annexation 29) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1616 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED ORDINANCE NO. MC-1616 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 10 12. Approval of Amendment No. 3 to the Interim Golf Course Management Agreement for the Operations and Maintenance of the Shandin Hills Golf Course (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2023-058, approving Amendment No. 3 to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills Arcis LLC; and direct the City Manager to execute Amendment No. 3. RESULT: ADOPTED RESOLUTION NO. 2023-058 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin 13. Authorization to Proceed with a Right of Way Vacation of a Portion Along 9th Street and Tippecanoe Avenue (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed right of way vacation of a portion of 9th Street and a portion of Tippecanoe Avenue. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin 14. Authorization to Proceed with the Street Vacation of a Portion of Broadway Avenue (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Broadway Street. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 11 15. FY2023-2024 Emergency Solutions Grant (ESG) and Community Development Block Grant (CDBG) Agreements Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Approve FY 2022-2023 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army, Lutheran Social Services of Southern California, and Community Action Partnership of San Bernardino County (CAPSBC), and 2. Approve FY 2022-2023 Community Development Block Grant Program Subrecipient Agreement with Inland Fair Housing and Mediation Board (IFHMB). RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin 16. 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 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin 17. Investment Portfolio Report for February and March 2023 (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 and March 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 12 18. Second Amendment to the Concentra Medical Centers Professional Services Agreement for Pre-employment (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute: 1. Authorize the Second Amendment to the Professional Services Agreement with Occupational Health Centers of California doing business as (DBA) Concentra Medical Centers for pre-employment and screening services, effective February 1, 2023 – April 30, 2023. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin 19. Resolution Accepting the Federal Railroad Administration Railroad Trespassing Enforcement Grant. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-059, authorizing: 1. The City Manager to accept the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant. 2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $120,000 in both revenue and expenditures. RESULT: ADOPTED RESOLUTION NO. 2023-059 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin 20. Receive Annual Military Equipment Report and Approve Future Purchases Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Department’s annual military equipment use report; 2. Approve the Department’s request to acquire additional life-saving equipment in accordance with Assembly Bill 481. RESULT: APPROVED STAFF’S RECOMMENATION [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 13 21. Approving Amendment No. 1 to Cooperative Agreement No. 20-1002318 with the San Bernardino County Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No.1 to Cooperative Agreement No. 20- 1002318 with the San Bernardino County Transportation Authority (SBCTA) for phase II of the San Bernardino Metrolink Station Accessibility Improvement Project. RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander ABSENT: Juan Figueroa and Kimberly Calvin 22. Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for On-Call Engineering Services and Approval of Amendment No. 1 to Professional Services Agreement (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California 1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $337,940; and 3. Approve Amendment No. 1 to Professional Services Agreement for On -Ca ll Engineering Services. Council Member Reynoso and Council Member Alexander pulled this item for discussion. Council Member Reynoso asked what the need was to outsource this project, and what the budget would look like for this item in the future. Council Member Figueroa returned to the dais at 10:10 p.m. Susan Pan Acting City Engineer explained that the Land Division has several development projects and outsourcing service will help the demand of the work and projects. Interim City Manager Charles McNeely explained the back-log of projects the city currently has and that the projects required senior level engineering. Council Member Alexander mentioned there are complaints resulting from using these engineering services. Susan Pan explained that they keep track of the contractors’ performance to make sure Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 14 they complete the job. Council Member Calvin returned to the dais at 10:20 p.m. Council Member Ibarra questioned the schedule and amount of money being paid for these services. Director Hernandez explained the hours worked and that the funds requested are for two fiscal years. There was a substituted motion by Council Member Alexander to not move forward with the item, with a second by Council Member Ibarra. Mayor Pro Tem Shorett made a substitute motion to approve staff’s recommendation. RESULT: APPROVED SUBSTITUTE MOTION TO APPROVED STAFF’S RECOMMENDATION [5-2] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin NOES: Sandra Ibarra, Damon Alexander DISCUSSION 23. Authorize the Interim City Manager to Terminate the Exclusive Negotiating Agreement with the San Bernardino Development Company (SBDC) and pay liquidated damages associated with said termination (Ward 1) Recommendation: It is recommended that the Mayor and City Council authorize the Interim City Manager to terminate the Exclusive Negotiating Agreement (ENA) with the San Bernardino Development Company (SBDC) for the Carousel Mall redevelopment project and authorize payment of liquidated damages to SBDC, in the amount of $100,000, associated with said termination. Economic Development Project Manager Amanda Hernandez, gave the presentation. Interim City Manager Charles McNeely explained to the residents that the city is committed to complete this project and move forward. Council Member Reynoso explained the Surplus Land Act to the public. RESULT: APPROVED STAFF’S RECOMMENDATION [5-2] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso NOES: Kimberly Calvin, Damon Alexander Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 15 PUBLIC HEARING 24. Appeal 23-01 of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone (Attachment 1) Item pulled by the City Manager for consideration at a future meeting. 25. Appeal 23-02 for Conditional Use Permit 22-13 and Minor Exception 22-04 Recommendation: Adopt Resolution No. 2023-061 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 23-02 thereby upholding Planning Commission’s denial of Conditional Use Permit 22-13 and Minor Exception 22-04 to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W. Highland Avenue (APN: 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone. Item pulled by the City Manager for consideration at a future meeting. Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 16 26. Proposed Fiscal Year 2023-24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing to obtain citizen’s comments on the proposed Fiscal Year 2023-24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and 2. Consider any necessary changes to the proposed Fiscal Year 2023-24 Annual Action Plan and direct staff to return on June 21, 2023, with the final Annual Action Plan for consideration prior to submittal to United States Department of Housing and Urban Development. Mayor Tran opened the public hearing at 10:41 p.m. Deputy Director of Housing Cassandra Searcy provided a presentation. There was one public speaker for this item. Les, spoke on apartment complex near the library that can become a homeless shelter and the building next to it can become a resource center. Two additional speakers, Marva Castro and Nathaniel Moore, requested to speak but were no longer in attendance when the public hearing was opened. Mayor Tran closed the public hearing at 10:46 p.m. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 17 27. Community Facilities District No. 2018-2 (Verdemont Ranch) 2023 Special Tax Bonds Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-062, 1. Authorizing the issuance of, not to exceed $3,500,000 aggregate principal account of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds; 2. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent Agreement, a form of Bond Purchase Agreement, a form of Security Agreement, a form of Funding Agreement and a form of Continuing Disclosure Agreement, which is attached to the Preliminary Official Statement as Appendix E; 3. Making certain determinations relating thereto; and 4. Authorizing certain other actions in connect therewith. Mayor Tran opened the public hearing at 11:01 p.m. Agency Director of Administrative Services Barbara Whitehorn did not have a presentation but was available for questions along with Best Best & Krieger and Columbia Capital staff. There was one public speaker, Felix Robles. He spoke in support of this item, and stated Community Facilities Districts (CFDs) are helping the city move in the right direction. This will help bring builders and grow the city. The public hearing was closed at 11:06 p.m. RESULT: ADOPTED RESOLUTION NO. 2023-062 [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSTAIN: Damon Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 28. Extending Notification Period of Public Hearings (All Wards) – Council Member Reynoso RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Minutes May 3, 2023 Mayor and City Council of the City of San Bernardino Page 18 29. Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, May 3, 2023, at 11:12 p.m., in memory of Retired Police Sergeant Gerald Jones. 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, May 17, 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 Telicia Lopez, CMC, Acting City Clerk