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HomeMy WebLinkAbout12-18-2024 MCC Regular City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org MINUTES For The Joint 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, DECEMBER 18, 2024 5:00 PM The Regular Meeting was called to order at 5:03 PM by Mayor Helen Tran on Wednesday, December 18, 2024, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, 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 Helen Tran Mayor Present Rochelle Clayton Acting City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Courtney Bowen Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 2 5:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mason Jones from Generations Church led the Invocation, and students from San Bernardino High School’s “Cardinal Court” led the Pledge of Allegiance to the Flag. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor Tran announced that due to the high number of speaker slips received, each public comment would be limited to one minute and 30 seconds per Resolution No. 2018-89. John Shollenberger congratulated incoming Council Member Treasure Ortiz in Ward 7. Carmen Gallegos commented about the danger of fireworks, including fires and an unsafe environment in her neighborhood. She asked the Mayor and City Council to investigate fireworks vendors. Jim Smith advised that he attended the installation of the new San Bernardino County Supervisors the prior night. He said that Chairman Dawn Rowe made a comment about the Supervisors getting along whether they agree or not, and he hopes the City Council can follow that philosophy as well. Treasure Ortiz thanked Council Members Reynoso, Calvin, and Alexander for their service to the community. ltavi Miguel, Jeremy Perez, Paloma Villegas, Jocely Paz, Chris Vasquez, Gia, Lucia Agular, Jennifer Cardenas, Denise Pinzon, Annie Monge, and Roshon Dodson all spoke in support of the immigrant community. They requested that the Mayor and City Council pass a "Sanctuary Ordinance" and/or declare San Bernardino a "Sanctuary City" for immigrants. Jason Mendoza, San Bernardino High School Water Polo and Swim Coach, announced that his team won the CIF (California Interscholastic Federation) championship and would like recognition from the City. Omar Cobian, Representative for the Carpenters Union, thanked the Council Members for their service and congratulated the incoming Council Members. He asked the Mayor and City Council to start making decisions collectively and create positive change. Mike Hartley spoke in opposition to the City allowing more ADUs (Accessible Dwelling Units) to be built. He stated that the City's current Code Enforcement staff cannot handle the increased parking enforcement and other issues. Al Palazzo stated that he has many years of experience as an assessor and developer, and he would like an opportunity to work for the City. Kendra Calvin commented in support of her mother, Council Member Kim Calvin. She Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 3 stated that Council Member Calvin's work in the community has been transformative, and she is a champion for change. Frank Audi �mmented-stated he has been mistreated by San Bernardino Police and would like fair and equal treatment. Christian Flores, Organizer with Inland Congregations United for Change, stated that immigrant families are the backbone of the community and have helped to create the economy we have. He also thanked Council Member Reynoso for his service. Sarah thanked the outgoing Council Members, especially Reynoso and Calvin. She also congratulated incoming Council Member Ortiz. She also thanked the hardworking members of the community. Robert Porter congratulated the outgoing and incoming Council Members, Assembly Member Ramos and the school board. Eddie Diaz congratulated Treasure Ortiz. He commended her for having the courage to change. Miriam Nieto, co-director of "Just San Bernardino", recognized Council Members Reynoso and Calvin. Michael Segura spoke about high staff turnover, injuries at local warehouses, a moratorium on warehouses, and arts and culture in the community. Esmeralda Vasques applauded her partner Council Member Reynoso for his service as a Council Member. She congratulated the incoming Council and encouraged them to work together. Luis Ojeda expressed support for the old and new Council Members. He stated that the community has the right ingredients to make the City great. Junior Carrillo expressed support for the new City Council Members. Renea Wittman spoke about Council Member Alexander. She stated that he led with integrity and grace. She also spoke in support of a "Sanctuary City". Frank Montes congratulated Treasure Ortiz and thanked the outgoing Council Members. He said the last Council meeting was hard to watch because of the actions of the Mayor and City Council. At the conclusion of public comments, City Clerk Genoveva Rocha announced that there was also written correspondence received and it was provided to the Mayor and City Council. PRESENTATIONS 1. Recognition of Councilmembers Reynoso, Calvin, and Alexander Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 4 Mayor Tran recognized and presented certificates to the outgoing Council Members Ben Reynoso, Ward 5; Kim Calvin, Ward 6; and Damon Alexander, Ward 7. The outgoing Council Members each spoke to the audience and thanked the community and City staff for their support. At this time, the Consent Calendar was heard to certify the results of the November 5, 2024 General Election. CONSENT CALENDAR 2. Certify Results of the General Municipal Election held on Tuesday, November 5, 2024 Recommendation: Adopt Resolution No. 2024-237 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the General Municipal Election held on November 5, 2024, certifying the election results, and such other matters as provided by law. RESULT: ADOPTED RESOLUTION NO. 2024-237 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None After the adoption of the Consent Calendar, the former Council Members exited the dais and the additional presentations and Oaths of Office commenced. PRESENTATIONS (continued) 3. Administer Oaths of Office and Present Certificates of Election a. Councilman-Elect Juan Figueroa, Ward 3 b. Councilwoman-Elect Kim Knaus, Ward 5 c. Councilman-Elect Mario Flores, Ward 6 d. Councilwoman-Elect Treasure Ortiz, Ward 7 City Clerk Genoveva Rocha administered the Oath of Office and Mayor Tran presented the Certificate of Election to Councilman Juan Figueroa, Ward 3. Council Member Figueroa gave a brief speech. 45th District Assembly Member James Ramos administered the Oath of Office and Mayor Tran presented the Certificate of Election to Councilwoman Kim Knaus, Ward 5. Council Member Knaus gave a brief speech. Mr. Ernest Rhone IV administered the Oath of Office and Mayor Tran presented the Certificate of Election to Councilman Mario Flores, Ward 6. Council Member Flores gave a brief speech. Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 5 Kimberly Calvin administered the Oath of Office and Mayor Tran presented the Certificate of Election to Councilwoman Treasure Ortiz, Ward 7. Council Member Ortiz gave a brief speech. At the conclusion of the Presentations, the Mayor and City Council called for a 15-minute recess. RECONVENE REGULAR MEETING The regular meeting was reconvened at 8:02 PM. ROLL CALL Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Council Member, Ward 5 Present Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Rochelle Clayton Acting City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Courtney Bowen Deputy City Clerk Present PUBLIC HEARING 4. Development Code Amendment 24-04 (ADU 2024 Legislative Update) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Urgency Ordinance No. MC-1644U of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2); and 2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1645 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 6 finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 3 and Attachment 4); and 3. Schedule the adoption of Ordinance No. MC-1645 to the regularly scheduled meeting of the Mayor and City Council on January 15th, 2025. Mayor Tran opened the Public Hearing at 8:03 p.m. Principal Planner Travis Martin provided the presentation. He informed that new State legislation has amended the Government Code that regulates ADUs. There were no written comments or requests to speak. Mayor Tran closed the Public Hearing at 8:08 p.m. Council Member Ibarra inquired about the allowable size of ADUs. Principal Planner Martin stated that there would be no discussion about the size of ADUs at that point; the Ordinances being introduced were compliant with the maximum square footage per State law. Council Member Shorett stated that he would not be supporting the item because he did not support the State forcing regulations onto the City. RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED URGENCY ORDINANCE NO. MC-1644U AND INTRODUCED ORDINANCE NO. MC-1645 [6-1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Knaus, Flores, Ortiz NOES: Shorett ABSENT: None 5. Public Hearing on Annexation No. 47 to Community Facilities District 2019-1 (Maintenance Services) - Dutch Bros Coffee (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024-238 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 47); and 3. Hold a special landowner election and canvass the election; and Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 7 4. Adopt Resolution No. 2024-239 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 47); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1646 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, and streets, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1646 for January 15, 2025. Mayor Tran opened the Public Hearing at 8:16 PM. Acting City Manager Clayton announced that this Public Hearing for Item No. 5, along with Item No. 6, would need to be continued to the regular meeting of January 15, 2025 at 5:00 PM due to a noticing issue. RESULT: CONTINUED THE PUBLIC HEARING TO THE REGULAR MEETING OF JANUARY 15, 2025 [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT: None 6. Public Hearing on Annexation No. 48 to Community Facilities District 2019 -1 (Maintenance Services) for Piedmont Mobile Home Estates (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024-240 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 48); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024-241 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 48); and Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 8 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1647 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay annual costs of the maintenance and servicing of lighting, street maintenance, park maintenance, graffiti abatement, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1647 for January 15, 2025. Mayor Tran opened the Public Hearing at 8:17 PM. Council Member Sanchez made a motion to continue the item, in accordance with Acting City Manager Clayton's earlier announcement. RESULT: CONTINUED THE PUBLIC HEARING TO THE REGULAR MEETING OF JANUARY 15, 2025 [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT: None 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. 7 FOR A SEPARATE VOTE [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT: None 7. Maddy Act Local Appointments List Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino Adopt Resolution No. 2024-242 approving the Local Appointments List. Council Member Ortiz pulled this item for further discussion. She asked that the Council be allowed to consider updating meeting starting times for boards and commissions. She asked if staff could bring back an item to discuss starting meetings at 6:00 p.m. Acting City Manager Clayton stated that the item would have to be brought back, since each board and commission has their own resolution associated with start times. Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 9 RESULT: ADOPTED RESOLUTION NO. 2024-242 [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT: None 8. Proposed 2025 Mayor & City Council Regular Meeting Schedule (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Proposed 2025 Mayor and City Council Regular Meeting Schedule. RESULT: APPROVED STAFF’S RECOMMENDATION MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT: None 9. Amendment No. 1 with Capital Edge Advocacy Inc. for Federal Legislative Advocacy Services (All Wards) 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 for the Professional Services Agreement between the City of San Bernardino and Capital Edge Advocacy Inc. to extend the agreement for an additional year (with an option for an additional one (1) year term) for federal legislative advocacy services in an amount not to exceed $90,000 annually. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT: None 10. Additional Street Segment Repair Allocation and American Rescue Plan Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-243 authorizing: 1. The allocation of $129,948 in American Rescue Plan Act (ARPA) funds to the Street Segment Repair Project; and Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 10 2. The City Manager, or designee, to sign the agreements, and any subsequent amendments, subject to the review and approval by the City Attorney as to form; and 3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $129,948 in expenditures in ARPA funds for the Street Segment Repair Project. RESULT: ADOPTED RESOLUTION NO. 2024-243 [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT: None DISCUSSION 11. Election of Mayor Pro Tempore (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore. Acting City Manager Rochelle Clayton asked for any nominations for Mayor Pro Tem or any questions for staff. Council Member Ortiz asked if an official process could be implemented so the Mayor Pro-Tem assignment rotation could be fair to all Council Members. City Attorney Sonia Carvalho advised that some cities do have policies that dictate how the Mayor Pro-Tem is selected. However, the City does not have a current policy for this. Council Member Sanchez made a motion to elect Juan Figueroa as Mayor Pro- Tem due to his temperament in stressful situations. He also asked if the Council could direct staff to bring back an item for a policy to formalize the process of selecting the Mayor Pro-Tem in the future. Council Member Figueroa accepted the nomination and agreed with the need for a policy. Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPOINTED COUNCIL MEMBER JUAN FIGUEROA AS MAYOR PRO TEMPORE, AND DIRECTED STAFF TO BRING BACK A RECOMMENDATION AT A FUTURE MEETING FOR FORMAL GUIDELINES FOR SELECTION OF A MAYOR PRO TEMPORE [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT: None 12. Nominations and Appointments to Various Regional Boards and Associations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors; 2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors; 3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors; 4. A ppoint one Member and one Alternate to the Omnitrans Board of Directors; 5. Appoint one Member and one Alternate to the Interagency Council on Homelessness; 6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly; 7. Appoint a total of five (5) Council Members to vote in the Southern California Association of Governments Regional Council District 7 Election. Council Member Sanchez proposed the following alternative to Staff’s recommendation: 1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors; Primary Members: Councilmembers Fred Shorett, Juan Figueroa, and Sandra Ibarra Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 12 Alternate: Councilmember Mario Flores 2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors; Primary Members: Councilmembers Kim Knaus and Theodore Sanchez Alternate: Councilmember Fred Shorett 3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors; Primary Members: Mayor Helen Tran Alternate: Councilmember Kim Knaus 4. Appoint one Member and one Alternate to the Omnitrans Board of Directors; Primary Member: Councilmember Mario Flores* Alternate: Councilmember Juan Figueroa 5. Appoint one Member and one Alternate to the Interagency Council on Homelessness; Primary Member: Councilmember Treasure Ortiz Alternate: Councilmember Sandra Ibarra 6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly; Primary Member: Mayor Helen Tran Alternate: Councilmember Kim Knaus 7. Appoint a total of five (5) Council Members to vote in the Southern California Association of Governments Regional Council District 7 Election; Councilmembers Juan Figueroa, Fred Shorett, Kim Knaus, Mario Flores, and Treasure Ortiz The Mayor and City Council confirmed their ability to attend the regional boards and associated meetings as outlined. *Council Member Flores advised during the discussion that he preferred to be the alternate for Omnitrans, due to their early meeting start times. He asked to keep the current staff recommendation as proposed, which would be to have Mayor Tran as the Primary Member and himself as the alternate. Regular Meeting Minutes December 18, 2024 Mayor and City Council of the City of San Bernardino Page 13 The Mayor and City Council agreed to the change. Council Member Sanchez amended his motion to include this change. RESULT: APPROVED THE AMENDED MOTION AND APPOINTED COUNCIL MEMBERS TO THE VARIOUS REGIONAL BOARDS AND COMMITTEES [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT: None MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included congratulations to the new Council Members, well wishes to the outgoing members, and the recent Neighborhood Association Meetings. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, December 18, 2024, at 8:40 PM. The next Special 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 Thursday, December 19, 2024, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 11:15 AM. By: Telicia Lopez Telicia Lopez, CMC