The URL can be used to link to this page

Home My WebLink About10-05-2022 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 5, 2022 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:00 PM by Mayor John Valdivia on Wednesday, October 5, 2022, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 2 Printed 9/22/2022 7:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE Rikke Van Johnson led the Invocation and Council Member Kimberly Calvin led the Pledge of Allegiance to the Flag. CITY MANAGER UPDATE At this time, City Manager Rob Field provided city-wide updates to the community. Highlights included State Street extension between 16th and Baseline Parks, Economic Development attended the Innovation Commerce Serving Communities (ICSC) Convention, and the success of Rendezvous Back to Route 66. Parks, Recreation, and Community Services Director Lydie Gutfeld provided updates on the festival taking place on Saturday, October 8, 2022. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included updates on recent community events, infrastructure projects, and public safety initiatives. The revitalization of Seccombe Lake Park, the Route 66 event, and Police Community Day were highlighted as successful outcomes of long-term staff and volunteer efforts. Concerns were raised regarding homeless encampment policies, public safety issues, and neighborhood maintenance. PRESENTATIONS 1. Citizen of the Month, C & F Boxing (September 2022) Council Member Ibarra presented a Certificate for Citizen of the Month to C&F Boxing for the month of September. 2. Citizen of the Month – Harry Hatch (September 2022) Council Member Ibarra presented a Certificate for Citizen of the Month to Mr. Harry Hatch for the month of September. 3. Festival: Where our Cultures Connect! This presentation was given during the City Manager Update. Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 3 Printed 9/22/2022 APPOINTMENTS Council Member Reynoso was absent during the vote. Mayor Valdivia requested a motion to approve both appointments. RESULT: APPROVED CHARTER REVIEW COMMITTEE AND PLANNING COMMISSION APPOINTMENTS [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 4. Charter Review Committee Appointment (Ward 6) RESULT: APPROVED CHARTER REVIEW COMMITTEE APPOINTMENTS [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 5. Planning Commission Appointment (Ward 3) RESULT: APPROVED PLANNING COMMISSION APPOINTMENTS [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Council Members Kimberly Calvin and Mayor Pro-Tem Figueroa presented the certificates of appointment to Ivan Garcia and Rakayla D. Simpson, and City Clerk Genoveva Rocha issued the oaths of office. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Judi Penman thanked the City for the new Target and Sprouts and expressed appreciation for staff efforts. Also thanked for co-sponsoring the Ninth Annual Rendezvous Back to Route 66. Felicia Alexander, founder of the San Bernardino Turkey Trot, invited the public to the eighth annual Turkey Trot at the San Bernardino International Airport, outlining registration details and participant benefits. James Tillman invited the Mayor and City Council to attend the “Building New Bridges in Our Community” event honoring Chief Darren Goodman as the City’s first Black Police Chief and Horace Boatwright as the County’s first Black Undersheriff. Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 4 Printed 9/22/2022 Harry Hatch thanked individuals and volunteers who assisted with the fireworks event. Concerns were raised about a saturated debris pile in the North End leaking into the watershed, and urged to revisit the Oxbow. Arlington Rodgers, representing the San Bernardino Black Cultural Foundation, expressed concerns regarding the ongoing maintenance of the Martin Luther King Jr. statue due to declining donation funds. John Schollenberger requested greater transparency and proactive communication with residents regarding proposed developments. Thelma Thomas advocated for improved solutions for homeless residents, noting ongoing outreach and the negative impacts of repeated encampment cleanups. Robert Porter paid tribute to the Ramos family of the San Manuel Reservation for their community contributions and memorialized Jaime Ramos. He also promoted the upcoming festival. Angelina Trammell described facing eviction at 340 West 4th Street, expressing frustration at the lack of affordable housing options and assistance, and emphasized the urgency of her situation. Luis Ojeda expressed encouragement over recent City efforts and invited the public to attend and support the upcoming festival. He also shared positive feedback about a North End haunted house event. Ronnie Miller, founder of Sisters Making a Difference, thanked City leadership and Chief Goodman for supporting grassroots organizations and emphasized the importance of community-wide collaboration to uplift San Bernardino. Maxi Daniels spoke on the evictions at 340 West 4th Street, which were creating homelessness, and criticized the lack of clear communication and assistance. Angel Villanueva, representing residents of 340 West 4th Street, stated that his family and others faced imminent homelessness due to eviction and the lack of permanent housing assistance. Jeff Green urged the City to find creative solutions for 4th Street residents, suggesting using rental revenue to keep tenants housed affordably rather than displacing them. Lawanda Rangel endorsed Jim Penman for San Bernardino Mayor, praising his love for the city and focus on public safety. Jeffrey Young spoke on the evictions at 340 West 4th Street would create a major homelessness crisis for disabled residents and families. Rebecca Doherty, a retired City employee, thanked the Council for a proclamation and expressed support for Jim Penman for mayor. Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 5 Printed 9/22/2022 Jocelyn Chris, representing Tenants United, urged the City and Council Members to take responsibility for the D Street property and provide support to help tenants remain housed. Pastor Chris Reinhard spoke on plans for a new teen center providing free laundry services, counseling, tutoring, and recreational facilities, funded through donations. Tanya Rhoades commended Council Members for increased community involvement, encouraged citywide cleanups, and volunteered to serve as a citizen representative on a homelessness task force. Brian Garcia, a resident of 340 West 4th Street, described facing eviction despite full- time employment and expressed concern that homelessness was being addressed without alternatives. Vandaline Creighton, a Verdemont Heights resident, asked that the haunted house be blocked due to noise, traffic, trash, and past safety incidents. Luis Roman spoke on the haunted house, saying it raises money for a child in need, involves volunteers, and poses no harm, asking the City Council not to block it. Spencer Cromwell spoke about the haunted house, raising funds for Miss Andrea Cowan, who has a severe medical condition and thrives on her family’s care. Augie Cowan, father of Andrea Cowan, discussed the haunted house fundraiser, noting that it supports medical care and brings the community together. Augie Cowan III spoke about the haunted house, bringing the community together, and has the huge positive impact. Jim Penman spoke about being falsely accused of sexual harassment as City Attorney. At this time, the following remote speaker was heard via Zoom: Jacob noted that the haunted house coordinators lack a business license, required permits, and proper insurance, creating unfair competition for businesses. At this time, City Clerk Rocha read the following public comment for ADA accommodation: Hardy Brown thanked city leaders for the State Street and University Pkwy Street project and spoke about a candidate's sexual assault allegations. City Clerk Rocha advised that the written comment was also available on the City’s website for public review. DISCUSSION 6. Adopt Ordinance No. MC -1592 (Alcoholic Beverage Sales Locational Restrictions) (All Wards) Recommendation: Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 6 Printed 9/22/2022 It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1592 approving Development Code Amendment 22-04 amending Section 19.06.030(2)(B) Article II Section III(A)-(I) (Alcohol Beverage Sales – Locational Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for new alcoholic beverage sales activities from sensitive land uses (Attachment 1). David Murray, City Planner, gave a presentation to the Mayor and City Council. Council Member Sanchez requested two changes: remove the 10,000 sq. ft. minimum and explicitly include bodegas as eligible for alcoholic beverage licenses. During the discussion, the Mayor and City Council took a 10-minute recess due to the lack of a quorum. After reconvening, the City Attorney provided procedural background on the item. The ordinance had received a first reading on August 3rd and returned on September 21st for a second reading, at which time Council Member Sanchez proposed minor amendments. The item had resulted in a 3–3 tie vote and was brought back for further consideration. RESULT: DIRECTED STAFF TO BRING BACK AN ITEM FOR INTRODUCTION THAT PROVIDES EXEMPTION FOR ESTABLISHMENTS THAT DO NOT SELL ALCOHOL AS THE PRINCIPLE, ELIMINATES THE 10,000 SQ. FT. REQUIREMENT, REFERENCES BODEGAS AS A SUBCATEGORY, AND ALLOWS FOR BUSINESS OWNERS TO GO BEFORE THE PLANNING COMMISSION TO PURSUE AN ALCOHOL BEVERAGE LICENSE WITH A CONDITIONAL USE PERMIT (CUP) - [5-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin NOES: Ben Reynoso and Damon L. Alexander Council Member Reynoso left the meeting after the vote was taken for Item No. 6. 7. Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code Recommendation: Read by title only, waive further reading, and introduce Ordinance No. MC-1596 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 9.90 of the San Bernardino Municipal Code, granting citation authority to security guard personnel for violations of the San Bernardino Municipal Code on City property. Daniel Hernandez, Agency Director of Public Works, Operation and Maintenance, gave a presentation. Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 7 Printed 9/22/2022 Council Members asked whether the ordinance would apply to all City-owned properties and raised concerns about liability and fiscal impact. Staff clarified that it would apply to properties owned or leased by the City, that contractors would assume liability under existing agreements, and that no new fiscal impact was anticipated, as funding for current security services had already been approved. RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1596 [5-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander NOES: Sandra Ibarra ABSENT: Ben Reynoso PUBLIC HEARINGS Mayor Valdivia announced that Item No. 8 was a quasi-judicial hearing under Resolution No. 2018-88 and explained the rules regarding disclosure of ex parte communications. He disclosed that he had spoken with both the appellant, Mr. Derry, and the applicant, Mr. Mahmoodi, and turned the item over to the Mayor Pro Tem to preside. Mayor Valdivia left the dais at 9:38 p.m. before the Public Hearing for Item No. 8 began. Mayor Pro-Tem Figueroa noted that such communications did not disqualify a Council Member from voting. Council Members were asked to disclose any substantive contacts with the applicant or appellant. Council Member Sanchez disclosed that he received a voicemail from Neil Derry but did not return the call. Council Member Ibarra disclosed that she had responded to an email from the appellant and forwarded it to City staff, requesting a recorded easement agreement, which she had not received. Council Member Shorett disclosed having spoken with both the appellant and applicant, attended neighborhood meetings where the appellant lobbied, and received numerous related emails from the appellant. Council Member Calvin disclosed that she had received emails from the appellant but had not responded. Council Member Alexander disclosed that he had met with both the applicant and the appellant to hear each side of the issue. City Attorney Carvalho asked all Council Members who had substantive contact with the parties whether they could hear the appeal tonight with an open mind, based solely on the evidence presented. Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 8 Printed 9/22/2022 The Mayor Pro-Tem and City Council confirmed. Mayor Pro-Tem Figueroa also disclosed that he had received the same emails and phone call attempts as others but had not responded. 8. APPEAL 22-02 FOR DEVELOPMENT PERMIT TYPE-P 20-08 (WARD 4) RECOMMENDATION: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-206 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 22-02, thereby upholding the Planning Commission’s finding the project categorically exempt under the California Environmental Quality Act and approval of Development Permit Type-P 20-08 allowing the development and establishment of a twenty-seven (27) unit multi-family residential complex on a parcel containing approximately 2.38 acres, located on the west side of N. Sterling Avenue (APN: 0272-372-59), between E. Marshall Boulevard and E. Lynwood Drive within the Residential Medium (RM) zone (Attachment 1). Mayor Pro-Tem Figueroa opened the public hearing at 9:42 p.m. and announced that Item No. 8 was a quasi-judicial hearing. Mayor Pro-Tem Figueroa invited any members of the public wishing to speak on the item to come forward, and instructed the City Clerk to administer the Oath to those testifying. City Clerk Rocha administered the Oath to those testifying. David Murray, City Planner, gave a presentation to the Mayor and City Council. At this time, the applicant and the appellant had 15 minutes to provide evidence and testimony. Mr. Derry, presented to the Mayor Pro-Tem and City Council. At this time, the Mayor Pro-Tem and the City Council asked clarifying questions to Mr. Derry. Council Member Calvin asked to confirm that the homeowners at Pine Ridge Villas are the homeowners. Mr. Derry commented that it is roughly 50% renters and 50% homeowners, unlike a permanent rental apartment complex. James, representative from 3164 Sterling LLC, presented to the Mayor Pro- Tem and City Council There were no questions asked by the Mayor Pro-Tem and the City Council to James. At this time, public comments were heard. Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 9 Printed 9/22/2022 Vincent Laster, president of the Del Rosa Neighborhood Action Group (DRNAG), stated that the group opposes the proposed apartment building. Malice Thompson, the Pine Ridge association president, supported developing the parcel but favored condominiums over apartments. Mike Hartley opposed rentals, saying apartments harm neighborhoods, cause crime and parking issues, and lack proper upkeep. Lynn Ware, President of Muscupiabe Neighborhood Association, urged the City to ensure early notification of proposed developments to neighborhoods so residents can provide input and collaborate on planning decisions. At this time, the applicant and appellant had 5 minutes for rebuttal. Mr. Derry stated that the proposed project violates a 40-year reciprocal easement between parcels, prevents proper facility maintenance, fails CEQA standards due to unusual circumstances, and would exacerbate crime and rental issues in the neighborhood, urging the City to allow condos instead of another apartment complex. Councilmember Alexander asked about the reciprocal easement and whether it binds new owners. City Attorney Carvalho explained that while a recorded reciprocal easement is enforceable by private property owners, the Council’s role in this hearing is limited to reviewing the Planning Commission’s development permit findings and staff recommendations, not arbitrating private easement disputes. James stated the project is consistent with the area, noting the existing nearby apartments and that Pine Ridge Villas already includes many renters. He questioned the documented existence of the reciprocal easement and stated any such dispute is a private matter, emphasizing that the Planning Commission properly approved the project and that the applicant will comply with all conditions. Staff clarified that the only documentation received regarding the reciprocal easement was a notation shown on the recorded parcel map and related CC&Rs, with no separate signed easement agreement on file. Council Members noted that reciprocal easements are typically detailed, recorded documents and stated that the evidence presented did not appear sufficient to prevent approval of the development permit. It was also noted that Public Works would address and protect any necessary utility easements during construction. The Public hearing was closed at 11:05 p.m. Council Member Shorett expressed concerns about statements made regarding the project and emphasized the importance of strong management and code enforcement. He supported a mix of housing options and stated his intent to approve the project while working to address community concerns. Council Members noted the City’s state-mandated housing requirements and the need to continue building housing to address homelessness. They acknowledged residents’ concerns, emphasized accountability for property owners, confirmed project amenities, including solar-covered parking and EV-ready stations, and requested a stop sign study at Marshall Blvd. and Sterling Ave. Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 10 Printed 9/22/2022 RESULT: ADOPTED RESOLUTION NO. 2022-206 DENYING APPEAL 22-02 [5-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander NOES: Sandra Ibarra ABSENT: Ben Reynoso At this time, Mayor Valdivia returned to the dais. 9. Public Hearing on Proceedings to Form Proposed Community Facilities District No. 2022-1 (Highland/Medical) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2022-216 of the Mayor and City Council of the City of San Bernardino, California, Establishing Community Facilities District No. 2022 -1 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding Agreement; 2) Adopt Resolution No. 2022-217 of the Mayor and City Council of the City of San Bernardino, California, Determining the Necessity to Incur a Bonded Indebtedness for Community Facilities District No. 2022-1 (Highland/Medical), Submitting to the Qualified Electors of the Community Facilities District a Proposition to Authorize the Levy of a Special Tax Therein, to Authorize such Community Facilities District to Incur a Bonded Indebtedness Secured by the Levy of a Special Tax Therein to Finance Certain Types of Public Facilities and to Establish an Appropriations Limit for such Community Facilities District and Calling a Special Election for the Community Facilities District on a Proposition for Incurring such Bonded Indebtedness; 3) Adopt Resolution No. 2022-218 of the Mayor and City Council of the City of San Bernardino, California Calling a Special Election and Submitting to the Voters of Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino Propositions Regarding the Annual Levy of Special Taxes within the Community Facilities District to Pay Principal of and Interest on Bonds Thereof and to Pay the Costs of Public Facilities and Establishing an Appropriations Limit Therefore; 4) Adopt Resolution No. 2022-219 of the Mayor and City Council of the City of San Bernardino, California Declaring the Results of the Consolidated Special Elections within Community Facilities District No. 2022-1 (Highland/Medical); and 5) Introduce, read by title only and waive further reading of Ordinance No. MC-1599 of the Mayor and City Council of the City of San Bernardino, California, Acting as the Legislative Body of Community Facilities District No. 2022-1 (Highland/Medical), Authorizing the Levy of Special Taxes in such Community Facilities District. The Public Hearing was opened at 11:24 p.m. Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 11 Printed 9/22/2022 There was a consensus amongst the City Council to forego the presentation. There were no requests to speak or written correspondence received. The Public hearing was closed at 11:25 p.m. RESULT: ADOPTED RESOLUTION NOS. 2022-216, 2022-217, and 2022-218 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso RESULT: ADOPTED RESOLUTION NO. 2022-219 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso RESULT: INTRODUCED FOR FIRST READING MC-1599 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ben Reynoso 10. Public Hearing on Proceedings to Form Proposed Community Facilities District No. 2022-2 (Palm) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-212 of the Mayor and City Council of the City of San Bernardino, California, Establishing Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding Agreement; 2. Adopt Resolution No. 2022-213 of the Mayor and City Council of the City of San Bernardino, California, Determining the Necessity to Incur a Bonded Indebtedness for Community Facilities District No. 2022-2 (Palm), Submitting to the Qualified Electors of the Community Facilities District a Proposition to Authorize the Levy of a Special Tax Therein, to Authorize such Community Facilities District to Incur a Bonded Indebtedness Secured by the Levy of a Special Tax Therein to Finance Certain Types of Public Facilities and to Establish an Appropriations Limit for such Community Facilities District and Calling a Special Election for the Community Facilities District on a Proposition for Incurring such Bonded Indebtedness; Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 12 Printed 9/22/2022 3. Adopt Resolution No. 2022-214 of the Mayor and City Council of the City of San Bernardino, California Calling a Special Election and Submitting to the Voters of Community Facilities District No. 2022 -2 (Palm) of the City of San Bernardino Propositions Regarding the Annual Levy of Special Taxes within the Community Facilities District to Pay Principal of and Interest on Bonds Thereof and to Pay the Costs of Public Facilities and Establishing an Appropriations Limit Therefore; 4. Adopt Resolution No. 2022-215 of the Mayor and City Council of the City of San Bernardino, California Declaring the Results of the Consolidated Special Elections within Community Facilities District No. 2022-2 (Palm); and 5. Introduce, read by title only and waive further reading of Ordinance No. MC-1598 of the Mayor and City Council of the City of San Bernardino, California, Acting as the Legislative Body of Community Facilities District No. 2022-2 (Palm), Authorizing the Levy of Special Taxes in such Community Facilities District. The Public Hearing was opened at 11:29 p.m. There was a consensus amongst the City Council to forego the presentation. There were no written communication received. Jim Penman was the only request to speak, but he was no longer in the audience. The public hearing was closed at 11:31 p.m. RESULT: ADOPTED RESOLUTION NOS. 2022-212, 2022-213, and 2022-214 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso RESULT: ADOPTED RESOLUTION NO. 2022-215 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso RESULT: INTRODUCED FOR FIRST READING MC-1598 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 13 Printed 9/22/2022 11. Ordinance Adjusting the Salary and Benefits for the Position of City Council Member Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider the information provided for adjusting the salary and benefits for the position of City Council Member, provide direction for modification, adopt the recommendation from the Elected Official Compensation Committee as presented, or receive and file; and 2. If decided by the Mayor and City Council: introduce, read by title only, and waive further reading of Ordinance No. MC-1595 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.020 of the San Bernardino Municipal Code to adjust the salary and benefits of the City Council Members as recommended by the Elected Official Compensation Advisory Commission. The Public Hearing was opened at 11:33 p.m. Acting Director of Human Resources Genevieve Valdez presented to the Mayor and City Council. Council Member Sanchez made the motion to continue the item to the October 19, 2022, Mayor and City Council meeting, as the item relates to the Closed Session item discussed. Council Member Ibarra seconded the motion. There were no requests to speak, and no written communication was received. RESULT: COUNTINUED TO OCTOBER 19, 2022 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 14 Printed 9/22/2022 12. Public Hearing on Annexation No. 24 to Community Facilities District 2019-1 (Ward 6) Recommendation: The Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2022-207 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. 24); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2022-208 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. 24); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1597 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 2022-2023 to pay 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); and 6. Schedule the adoption of Ordinance No. MC-1597 for October 19, 2022. The Public Hearing was opened at 11:38 p.m. There was a consensus amongst the City Council to forego the presentation. There were no requests to speak, and no written communications received. The Public Hearing was closed at 11:40 p.m. RESULT: ADOPTED RESOLUTION NO. 2022-207 [6-0] MOVER: Kimberly Calvin, Council Member, Ward 6 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso RESULT: ADOPTED RESOLUTION NO. 2022-208 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 15 Printed 9/22/2022 RESULT: INTRODUCED FOR FIRST READING MC-1598 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ben Reynoso CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 13. Purchase Authorization and Multiple Year Contract with HLP, Inc. for Animal Shelter Software Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Professional Services Agreement with HLP Inc., for animal shelter software services from July 1, 2022 through June 30, 2025; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order to HLP Inc., in an amount not to exceed $150,000 over the three-year period of the contract. RESULT: APPROVED STAFF RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 14. 2023 National League of Cities Congressional City Conference Travel Approval (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel to the 2023 National League of Cities Congressional City Conference for the Mayor and City Council. Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 16 Printed 9/22/2022 RESULT: APPROVED STAFF RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 15. Technical Corrections to Previously Adopted Items: 1) Resolution No. 2022- 203 authorizing the City Manager to receive and administer California Board of State & community corrections grant award of $3.8 million, authorizing the City Manager to execute a fourth amendment to an agreement with HOPE Culture, and authorizing the Agency Director of Administrative Services to amend the FY 2022/2023 adopted budget revenue and expenditures by $3,800,000.00 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California reaffirm their previous action of Adopting Resolution No. 2022-203 authorizing the City Manager to receive and administer California Board of State & community corrections grant award of $3.8 million, authorizing the City Manager to execute a fourth amendment to an agreement with HOPE Culture, and authorizing the Agency Director of Administrative Services to amend the FY 2022/2023 adopted budget revenue and expenditures by $3,800,000.00. RESULT: ADOPTED RESOLUTION NO. 2022-203 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 16. Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements Recommendation: Adopt Resolution No. 2022-209 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for cost recovery of public nuisance abatements. RESULT: ADOPTED RESOLUTION NO. 2022-209 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 17 Printed 9/22/2022 17. Settlement and Release Agreement with Montecito Equities, Ltd. Recommendation: Authorize the City Manager, or his designee, to execute the Settlement and Release Agreement with Montecito Equities, Ltd. RESULT: APPROVED STAFF RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 18. 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 September 2022. RESULT: APPROVED STAFF RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 19. Investment Portfolio Report for July 2022 (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 July 2022. RESULT: APPROVED STAFF RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 18 Printed 9/22/2022 20. Execute Annual Professional Service Agreements with Solutions Simplified, NPA Computers, ATEL Communications and a two-year agreement with NeoGov (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, execute Annual Professional Services Agreements for software and hardware usage fees between the City of San Bernardino and Solutions Simplified for DocuSign Software Services, NAP Computers, ATEL Communications, and the two- year renewal service agreement with Governmentjobs.com, Inc., DBA NeoGov for approximately $217,000. RESULT: APPROVED STAFF RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 21. Ratify and Approve the Enterprise Agreement with Earth Science Research Institute, Inc. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify and approve the Enterprise Agreement with Earth Science Research Institute, Inc. (ESRI) to reflect the correct three-year commitment terms for the total amount not to exceed $430,299. RESULT: APPROVED STAFF RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 22. Side Letter Agreement Between the City of San Bernardino and the San Bernardino Police Officers Association Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-211 approving a Side Letter Agreement to the Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), amending Article III, Section 3 – Overtime. RESULT: ADOPTED RESOLUTION NO. 2022-211 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 19 Printed 9/22/2022 23. Amendment No.1 to Agreement with Ingram Library Services, LLC. Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Library Director to execute Amendment No. 1 to the agreement between San Bernardino Public Library (SBPL) and Ingram Library Services, LLC, for the purchase of library books and authorize the Agency Director of Administrative Services to approve an annual purchase order for an amount not to exceed $85,000. RESULT: APPROVED STAFF RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 24. Adoption of Ordinance No. MC-1594, CFD 2019-1 – Annexation No. 22 (Ward 7) Recommendation: Adopt Ordinance No. MC -1594 of 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 2022 -2023 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-1594 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 20 Printed 9/22/2022 25. Amendment No. 2 to Consultant Services Agreement with Paragon Partners Consultants, Inc. for H Street Widening Project Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 2 to the Consultant Services Agreement with Paragon Partners Consultants, Inc. to extend the contract term from June 30, 2022, to December 31, 2023, for the H Street Widening between 40th Street and Kendall Drive Project. RESULT: APPROVED STAFF RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso 26. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 27, Tax Zone No. 28 (SB Drake LLC) (Ward 3) Recommendation: Adopt Resolution No. 2022-210, of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 27) and authorizing the levy of special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2022-210 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 27. Mechanisms for Revenue Generation from For-Profit Events in the City (All Wards) – Council Member Sanchez RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSENT: Ben Reynoso Regular Meeting Minutes October 5, 2022 Mayor and City Council of the City of San Bernardino Page 21 Printed 9/22/2022 CLOSED SESSION PUBLIC COMMENT There were no public comments for Closed Session. At this time, the Mayor and City Council discussed continuing Closed Session to October 19, 2022. RESULT: CONTINUED CLOSED SESSION MATTERS TO OCTOBER 19, 2022 [5-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Calvin, Alexander NOES: Juan Figueroa ABSENT: Ben Reynoso CLOSED SESSION A) Conference with Labor Negotiator (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organization: San Bernardino Police Management Association B) Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Carousel Mall Property, 43 acres Agency Negotiator: Robert D. Field, City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group); Lincoln Group CLOSED SESSION REPORT: There was no report due to Closed Session being continued to October 19, 2022. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, October 5, 2022, at 11:45 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, October 19, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Open Session will begin at 7:00 p.m. Telicia Lopez, CMC City Clerk