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Home My WebLink About10-02-2024 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, OCTOBER 02, 2024 3:30 PM Closed Session was called to order at 3:58 PM by Mayor Helen Tran on Wednesday, October 2, 2024, 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 October 02, 2024 Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments for Closed Session. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. Abel Rodriguez-Garcia v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB24074 B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Manager D) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mayor or other Mayor and Council designee Unrepresented employee: City Manager E) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subsection (d) of Section 54956.9: one case. F) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) i. Property: Carousel Mall Property, 43 acres Agency Negotiator: City Manager, or designee Negotiating Parties: Enterprise District Development Group Under Negotiation: Price and Term The Mayor and City Council convened into closed session at 3:59 PM. 5:00 P.M. The Regular Meeting was called to order at 5:20 PM by Mayor Helen Tran on Wednesday, October 2, 2024, at Feldheym Central Library, San Bernardino, CA. Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 3 CALL TO ORDER Attendee Name Title Status Arrived INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Joshua Beckley from Ecclesia Christian Fellowship led the invocation, and Barry Brown from Arrowhead Elementary School led the Pledge of Allegiance. CLOSED SESSION REPORT Assistant City Attorney Jason Baltimore reported that there was no reportable action from Closed Session, and the Mayor and City Council will re-convene into closed session at the conclusion of the regular meeting. PRESENTATIONS 1.Proclamation for Breast Cancer Awareness Month in the City of San Bernardino -October 2024 (All Wards) Mayor Tran and the City Council presented the proclamation to Nicole Whims and Katie Spencer from St. Bernardine Medical Center and Janet Wilson from Community Health of San Bernardino. 2. Proclamation for Hispanic Heritage Month in the City of San Bernardino September 15 - October 15, 2024 (All Wards) Mayor Tran and the City Council presented the proclamation to Consul Julio Huerta, Consul Attache and Tammy García, Community Affairs Coordinator of the Consulate of Mexico San Bernardino. Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 4 3.Entrepreneurial Resource Center (ERC) Impact Report for 2023/2024 (All Wards) Dr. Mike Stull, Director of the Inland Empire Center for Entrepreneurship (IECE) at California State University, San Bernardino (CSUSB) gave a presentation on the program. PUBLIC HEARING 4. CCB 24-0001- Request to Amend Commercial Cannabis Business Permit CBP 22-005 to provide GWC Real Estate Services, LLC a Change in Location from 741 S. Lugo Ave., Suites B - F to 741 S. Lugo Ave., Suites A - F. (Ward 3) Recommendation: It is recommended that the Mayor and City Council approve the Commercial Cannabis Business Permit Location Change Request for GWC Real Estate Services, LLC. Mayor Tran opened the public hearing at 5:47 p.m. Economic Development Project Manager, Stephanie Castro gave a presentation. There were no requests to speak. The public hearing was closed at 5:50 p.m. Council Member Figueroa recommended that staff or possibly legal counsel revisit the municipal code to address administerial act processing to avoid unnecessary use of staff time presenting minor changes to the Mayor and City Council. Allowing well- informed staff, to make decisions in such straightforward cases. Acting City Manager Clayton reaffirmed that staff should seek potential changes to the ordinance to address minor administerial actions that require City Council approval. Council Member Calvin questioned if the applicant was current with all fees due to the city and staff member Castro confirmed they are current. Council Member Shorett asked if cannabis locations are being inspected regularly and staff member Castro advised that random inspections are done. Council Member Calvin questions how often renewals are done, staff Castro advised every 3 years. Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 5 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None CITY MANAGER UPDATE Public Information Officer Jeff Kraus provided updates. Highlights included the Press Conference for the Encampment Cleanup Injunction being lifted, The City’s ownership of the Harris building, New Business opening in the city (Dutch Brothers, Chick-fil-a, and Panera Bread), Mount Vernon Bridge project, Animal Shelter Kennel Construction and Bench Dedication for Rosenda Smiley, the First Anniversary of the Downtown Farmers Market, and the Rendezvous Back to Route 66 event. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Al Palazzo spoke about Director Gabriel Elliott and Director Ken Chapa attending his seminar, expressing his ideas for the city's needs and his desire to work with the City Manager. He addressed the homeless problem and shared suggestions, urging the Mayor and City Council to consider his proposals. Dominic Antunes discussed the encampment at Perris Hill, raising concerns about squirrels and mentioning issues related to Adam and Eve, marijuana, mushrooms, and raves, linking them to crime and homelessness. Treasure Ortiz spoke about lifting the homeless injunction and urged the Mayor and City Council to inform the public about the costs associated with inactivity, advocating for a shift in priorities. She expressed opposition to item No. 16 and criticized the Mayor’s focus. Mike Hartley shared insights from a meeting about CRMS (Citizen Request Management System), commenting on the Mayor’s awareness of her salary upon acceptance of her position and her limited power. Janel Ruiz introduced herself as the new Public Affairs Manager for So Cal Gas. Luis Ojeda spoke about an animal event hosted by the police department and discussed issues with the City Attorney’s Office, Code Enforcement, and his desire to meet with the MCC regarding these matters. Robert Snyder, a volunteer from the Orange Show Speedway, announced the upcoming Trick or Treat race event on October 12 and invited the Mayor and City Council to attend. Crystal Jenkins advocated for her cousin in foster care, highlighting difficulties in gaining custody and raising concerns about alleged abuse. Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 6 Georgia L. reported on the status of animals at the shelter, expressing dissatisfaction with the Animal Services department and item No. 10 regarding the lease for animal services. John Shollenberger called for change in the election, expressing support for Treasure Ortiz in the 7th Ward and emphasizing the need for a council that prioritizes the city’s best interests. Tammy Keesy addressed the lack of resources for homeless individuals discharged from hospitals, stressing the need for emergency housing and prioritizing vulnerable populations. Scott Olson, running on the Republican ticket, voiced opposition to Treasure Ortiz and support for Jim Penman in the 7th Ward, also backing Mayor Tran and opposing former Mayor Morris. Robert Porter expressed his love for San Bernardino and requested more positive media coverage for the city. Albert Hopkins raised concerns about the injunction and the treatment of the homeless, advocating for humane solutions and offering to assist the City Manager. Dolores Armstead discussed grant funds received for navigation services, stressing the importance of auditing their use and addressing downtown revitalization. Cres Mares highlighted issues related to the animal shelter and homelessness, questioning the city's inaction regarding housing in vacant buildings. Henry Nickel reported on his experience with the CRM system, noting delays in resolving a duplicate request, and expressed opposition to the construction of a navigation center. City Clerk Rocha announced that written public comments were provided to the Mayor and City Council and available online. City Clerk Rocha read the following names of those who submitted comments, Victor Suarez and Pamela Hall. CONSENT CALENDAR Prior to the vote on the consent Calendar, Acting City Manager Rochelle Clayton announced that there was a correction to Item No. 7 on the consent calendar. She advised that a correction memo was provided. 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. Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED THE CONSENT CALENDAR, ITEM NO. 5 WAS PULLED FOR A SEPARATE VOTE [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None 5. Approval of Various Mayor and City Council Meeting Minutes Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Meeting Minutes for the following dates: 1. Mayor and City Council Special Closed Session Meeting July 15, 2020 2. Mayor and City Council Special Meeting December 21, 2022 Council Member Calvin questioned why we are now approving meeting minutes for 2020 and 2022. City Clerk Rocha explained that there were approximately 40 meetings in 2020, and the office was short staffed which caused a backlog. The city council approved funding to retain a vendor to help with the backlog, however there was difficulty in retaining a vendor. The selected vendor is currently working on the 2020 to 2022 backlog which will be completed by the end of the year. Staff are working on minutes from 2023 to current. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 8 6. Adoption of Public Records Request Policy (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-207 approving a policy formalizing existing procedures for processing Public Records Act requests. RESULT: ADOPTED RESOLUTION NO. 2024-207 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None 7. FY2024-2025 Emergency Solutions Grant (ESG), Community Development Block Grant (CDBG), and HOME Grant Subrecipient Agreements Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve FY2024-25 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army. 2. Approve FY2024-25 Community Development Block Grant (CDBG) Sub- recipient Agreements with Inland Fair Housing and Mediation Board (IFHMB), San Bernardino Police Department, San Bernardino Public Works Department, and El Sol. 3. Approve FY2024-25 HOME Investment Partnerships Program (HOME) Subrecipient Agreement with Neighborhood Partnerships Housing Services (NPHS). Prior to the start of the Mayor and City Council Meeting a correction memo was provided for Item No. 7. Recommendation number 2 and 3 on the agenda were removed and replaced with a request to authorize the city manager to take further actions and execute any additional documents necessary to effectuate the agreements. This information was listed on the staff report, however not reflected on the agenda. RESULT: APPROVED STAFF’S CORRECTED RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 9 8. Adoption of Ordinance No. MC-1643 – 2nd Reading of 2022 Building Code (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC-1643 approving new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code. RESULT: ADOPTED ORDINANCE NO. 1643 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None 9. Revised Arrowhead Grove Phase IV Affordable Housing Project Conditional Funding Commitment (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2024-208 of the Mayor and City Council of the City of San Bernardino, California, approving a revised HOME Investment Partnership Program Conditional Funding Commitment for Arrowhead Grove Phase IV, an affordable housing project; and 2. Authorize the City Manager, or designee, to take any further actions and execute any further agreements or documents as necessary including minor and substantive changes. Council Member Ibarra requested a correction on this item. She advised that the ward was indicated incorrectly. It was listed as ward 2, however it is in ward 1. RESULT: ADOPTED RESOLUTION NO. 2024-208 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None 10. Lease Agreement with Casa Ramona, Inc., Regarding 1543 W. 8th Street, for an Interim Animal Shelter Supportive Services Center (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-209: 1. Approving the Lease Agreement with Casa Ramona, Inc. for 1543 W 8th Street, San Bernardino, California, for an Interim Animal Shelter Supportive Services Center; and 2. Authorize the City Manager to execute the Lease Agreement between the City of San Bernardino and Casa Ramona, Inc. Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 10 RESULT: ADOPTED RESOLUTION NO. 2024-209 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None 11. Irrevocable Agreement to Annex No. 2024-381 (Ward 5) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-210 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 1148 West 41st Street, San Bernardino, California (APN: 0265-151-62), within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED RESOLUTION NO. 2024-210 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None 12. Lease Assignment and Estoppel for 295 E. Club Center Drive (Parking Lot Lease No. 15.06-136) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to: 1. Execute an Assignment and Assumption Agreement, authorizing the assignment of Parking Lot Lease No. 15.06-136 from CCI Club SB, LLC, to 295 Club Center LLC; and 2. Execute an Estoppel Certificate certifying the status of Parking Lot Lease No. 15.06-136. RESULT: APPROVED THE STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 11 13. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for July and August 2024 (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 and purchase card transactions for July and August 2024. RESULT: APPROVED THE STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None 14. Purchase of Armored Rescue Vehicle (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize: 1. The City Manager or designee to sign and execute a purchase agreement with Lenco Industries; 2. The Director of Finance and Management Services to issue a purchase order in the amount of $387,567.96 to Lenco Industries. RESULT: APPROVED THE STAFF’S RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None DISCUSSION 15.Amendment to the Citywide Classification and Compensation Plan and Organizational Restructure Recommendation: Adopt Resolution No. 2024-211 of the Mayor and City Council of the City of San Bernardino, California, amending the Classification and Compensation Plan by delegating authority to the City Manager to establish, fix, and alter job classifications including titles, descriptions, compensation, and number of positions in the Classification and Compensation Plan as needed, subject to the total personnel expenditure budget limitations approved by the City Council. Acting City Manager Clayton advised that the item was being pulled by staff and was not ready for presentation. ITEM WAS PULLED BY STAFF, NO ACTION WAS TAKEN Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 12 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 16. Elected Officials Compensation Advisory Commission (All Wards) - Mayor Tran Mayor Tran explained that the request she submitted was to allow the committee to meet regularly and assess the compensation of the Mayor and City Council. Council Member Calvin questioned why the committee is being requested to meet and advised that the Council Member compensation was evaluated in 2023. Mayor Pro Tem Shorett expressed a desire to establish a policy for the committee which would include setting the meeting times and frequency. RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-1] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Alexander NOES: Kimberly Calvin MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates. Highlights included the Anti- Hate Forum held at Valley College, California State Community College Board of Governors to Valley College, Continuum of Care County Grant Review Committee, the Entrepreneurial Center for its support of 11,546 businesses and the creation of 4,449 jobs in the community. Upcoming events include the Senior Health and Resource Fair on October 4th, from 9 a.m. to 1 p.m., the Valencia and Perris Hill Neighborhood Association meeting on October 9 at Denny’s on Valencia and Highland at 5 p.m. The Vernon Dental Center will hold its grand opening on Mount Vernon on October 12. Coffee with a Cop, a monthly community meeting, will take place on October 15. On October 19, two major events are scheduled: the 100 Black Men of the Inland Empire Scholarship Gala at 6 p.m. at the Riverside Convention Center, and “Cruising at Altitude,” a live music event at the airport starting at 5 p.m., a Trunk or Treat event will be held on October 30 at Davidson Elementary School beginning at 9 a.m. The Southern California Edison Scholarship Program for high school students seeking scholarship opportunities. CLOSED SESSION At 7:18 p.m. the Mayor and City Council re-convened into closed session. CLOSED SESSION REPORT Assistant City Attorney Jason Baltimore reported that the Mayor and City Council voted to extend an employment contract to Rochelle Clayton as the City Manager, a contract will come back at the next open session. Regular Meeting Minutes October 02, 2024 Mayor and City Council of the City of San Bernardino Page 13 ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, October 2, 2024, at 8:38 PM 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, November 06, 2024, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By _________________ Telicia Lopez, CMC, Acting City Clerk