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Home My WebLink About09-21-2022 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, SEPTEMBER 21, 2022 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, September 21, 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 September 21, 2022 Mayor and City Council of the City of San Bernardino Page 2 5:30 PM CLOSED SESSION PUBLIC COMMENT There were no public comments for Closed Session. CLOSED SESSION A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54956.9 (a) and (d)(1): Elexus Marquez v. City of San Bernardino, et al., United States District Court Case No. 5:21-cv-2016 – JWH (KKx) Timothy Crocker v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ11861952, ADJ12073336, ADJ11317430, ADJ10539183, ADJ4206696, ADJ8199169 and ADJ4007332 Ronald Garcia v. City of San Bernardino, Workers’ Comp. Case No. ADJ13084550 B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Two Cases a. Notice of Claim, Montecito Equities, Ltd., dated November 20, 2020 (on file with City Clerk), tolled through July 2, 2023 (per agreements on file with City Clerk). b. Notice of Claim, Robert Adams and Tamika Devila, dated July 26, 2022, Claim No. GHC0045454. C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organization: San Bernardino Police Officers Association D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: Portions of Seccombe Lake Park City Negotiator: Robert Field, City Manager Negotiating Parties: Rick Westberg, The Richman Group of California Under Negotiations: Price and Terms of Exclusive Negotiating Agreement 7:00 PM The Regular Meeting was called to order at 7:00 PM by Mayor John Valdivia on Wednesday, September 21, 2022, at Feldheym Central Library, San Bernardino, CA. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Damon Alexander led the Invocation and Council Member Ben Reynoso led the Pledge of Allegiance to the Flag. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 3 CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there were numerous closed session items discussed, but no reportable action. CITY MANAGER UPDATE Robert D. Field, City Manager, provided city-wide updates. There was an announcement from County Supervisor Joe Baca, Jr., regarding Speicher Park improvements, investments in police vehicles, and a partnership with the County and surrounding agencies to reduce crime. Other highlights included the bankruptcy case being closed, crews working to remove mud and debris from recent storms, police officers rescuing residents after a flash flood, and upcoming events, including a festival on October 8 at Seccombe Lake Park. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included the “Rendezvous Back to Route 66” and the upcoming Festival. Council Members Shorett, Alexander and Calvin attended the annual California League of Cities Conference. Chief Deputy City Clerk Telicia Lopez announced that minor corrections had been made to Items 4 and 27, and the backup was added to the City’s agenda website. PRESENTATIONS 1. San Bernardino Community College District Campus/System Update Presented By: San Bernardino Community College District Chancellor Diana Z. Rodriguez And San Bernardino Valley College Interim President Scott Thayer A presentation was provided by Diana Z. Rodriguez, Chancellor of San Bernardino Community College District. 2. Proclamation for Library Card Sign Up Month – September 2022 Mayor John Valdivia presented the Proclamation to Library Director Ed Erjavek. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Rikke Van Johnson spoke about social development and stated he looked forward to seeing the work that was done with Jamboree. He voiced his support for Agenda Item No. 6. Jim Penman spoke about the election and asked the Council to stop protecting his opponent regarding the lawsuits against her. Neil Derry spoke about an appeal regarding the Planning Commission’s decision. Wayne Shaul spoke against Agenda Item No. 3. Robert Porter commented about a variety of local issues, including giving commissioners a gas stipend and upcoming events in the community. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 4 Mike Hartley spoke about code enforcement and stated that more enforcement was needed. Jacinta Valdez shared information about the animal shelter and the importance of protecting the animals. Russel Degnan spoke about Operation New Hope. Ray Culberson commented on the importance of the Council working as a team. “Malibu” shared about recent and upcoming events. Darren Veracruz spoke in favor of Agenda Item Numbers 12 and 17. Elin Zerai, the new Director of Lutheran Social Services, thanked the Council for their support. Harry Hatch spoke about the “Oxbow site” and stated that action needed to be taken. Ronnie Miller spoke about two upcoming community events. Dolores Armstead spoke about a variety of local issues, including advocating for staffing for each Council Member, support for Agenda Item No. 6, and the need to address illegal street vendors. Miriam Nieto spoke in favor of Agenda Item No. 9. Tanya Rhoades Hensley spoke about a variety of local issues, including thanking the Council for working as a team, the need to continue to hire police officers, and the cleanup at the park. Paul Robertson spoke remotely via Zoom about legal issues. Ms. Negrete spoke about the need for clarifications regarding the Accessory Development Units (ADUs). Eddie Arpagapa discussed a personal incident with the San Bernardino Fire Department. DISCUSSION 3. Execution of an Exclusive Negotiation Agreement between the City of San Bernardino and Rich Development Enterprises, LLC for the City Owned Arden Guthrie Property. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-189 authorizing the City Manager to execute an Exclusive Negotiation Agreement (ENA) between the City of San Bernardino and Rich Development Enterprises, LLC (Rich Development) for Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 5 the Arden Guthrie property. Community, Housing, and Economic Development Agency Director Nathan Freeman provided a presentation. A representative from Rich Development Enterprises also spoke about the future development of the property. Council Member Calvin requested additional information about traffic around the development, and Director Freeman stated that the developer would be conducting traffic studies prior to beginning the project. RESULT: ADOPTED RESOLUTION NO. 2022-189 [6-0] MOVER: Kimberly Calvin, Council Member, Ward 6 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra PUBLIC HEARINGS 4. Development Code Amendment (Zoning Map Amendment) 21-03 and Development Permit Type-D 21-15 (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1593 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Development Code Amendment (Zoning Map Amendment) 21-03 changing the Zoning District Classification of one (1) parcel (APN: 0266-041- 40) containing approximately 3.94 acres from Commercial General (CG-1) to Industrial Heavy (IH) (Attachment 1); 2. Adopt Resolution No. 2022-188 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-D 21-15 allowing the development and establishment of a truck terminal facility on a project site containing approximately 11.07 acres located at 5770 N. Industrial Parkway (APN: 0266-041-22 and 40) within the Industrial Heavy (IH) zone, pursuant to a Mitigated Negative Declaration (Attachment 4); and 3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on October 19, 2022. Mayor Valdivia opened the public hearing at 9:32 p.m. City Planner David Murray provided a presentation to the City Council. There were four public speakers: Delshawn McClellan, representative from the Southwest Regional Council of Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 6 Carpenters (SRCC), spoke in support of the item. Jeffrey Scott, Ward 6 resident and member of the SRCC, commented in support of the item. Thomas Ruiz, representative of Laborer’s Union 783, spoke in support of the item. Dolores Armstead spoke in opposition to this project. Jimmy Elrod spoke in favor of the item on behalf of the SRCC. Mayor Valdivia Closed the public hearing at 9:46 p.m. Council Member Calvin noted that it appeared that this project was in an industrial space. She asked if there were any homes or commercial properties nearby. David Murray stated that there were no homes in the immediate vicinity, but there were some commercial properties further than 1,000 feet away. Deputy City Clerk Courtney Bowen read the title of the Ordinance into the record. RESULT: APPROVED STAFF’S RECOMMENDATION; INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1593 AND ADOPTED RESOLUTION NO. 2022-188 [5-1] MOVER: Fred Shorett, Council Member, Ward 1 SECONDER: Theodore Sanchez, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander NOES: Ben Reynoso ABSENT: Sandra Ibarra 5. Public Hearing on Annexation No.22 to Community Facilities District 2019-1 (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2022-194 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. 22); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022-195 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. 22); Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 7 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1594 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-1594 for October 5, 2022. Mayor Valdivia opened the public hearing at 9:53 p.m. Council Members chose to waive the staff report and presentation. There were no public speakers or requests to speak. Mayor Valdivia closed the public hearing at 9:54 p.m. Chief Deputy City Clerk Lopez confirmed that no written protests were received, and there were no registered voters within Annexation 22. Deputy City Clerk Bowen reported that all ballots were received, and the election was closed. Mayor Valdivia read the title of the Ordinance into the record. Council Member Sanchez left the dais prior to taking the votes on this item. RESULT: ADOPTED RESOLUTION NO. 2022-194 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Theodore Sanchez, Sandra Ibarra RESULT: ADOPTED RESOLUTION NO. 2022-195 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Theodore Sanchez, Sandra Ibarra RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1594 [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Theodore Sanchez, Sandra Ibarra Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 8 Council Member Sanchez returned to the dais for Item No. 6. 6. 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. Mayor Valdivia opened the Public Hearing at 9:57 p.m. Interim Human Resources Director Genevieve Valdez provided the report. Council Member Calvin made a motion to approve staff’s recommendation. Council Member Sanchez made a substitute motion to bring back the recommendation for consideration once the City completed its contract negotiations with its employees. Council Member Reynoso seconded the original motion made by Council Member Calvin. There were two public comments on this item: Peggy Hazlett, Chair of the Elected Official Compensation Advisory Commission, gave an overview of the discussion had by the commission and the recommendation set forth. Jim Penman spoke in support of increasing salaries after employee negotiations were completed, as the traditional way the City Council has accomplished this task. Council Member Shorett seconded the substitute motion made by Council Member Sanchez. Council Member Calvin asked how many employee bargaining units were left to be negotiated. City Manager Robert Field reported that there was one remaining, but he could not comment on when the negotiations may be completed. Mayor Valdivia closed the Public Hearing at 10:22 p.m. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 9 RESULT: CONTINUED UNTIL THE CONCLUSION OF EMPLOYEE BARGAINING UNIT SALARY NEGOTIATIONS [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 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. 16 FOR A SEPARATE VOTE [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 7. Violence Intervention Program: Grant Award, Budget, and Contract Amendment Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-203 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to receive and administer California Board of State and Community Corrections grant award of $3.8 million & increase the FY 2022/2023 adopted budget revenue and expenditures by $900,000.00. 2. Approve 4th contract amendment with Victory Outreach San Bernardino, doing business as HOPE Culture, Inc. RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED RESOLUTION NO. 2022-203 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso Calvin, Alexander ABSENT: Sandra Ibarra 8. City Board, Commission, and Citizen Advisory Committee Minutes Approved in July/August 2022 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City’s boards, commissions, and citizen advisory committees’ meetings approved in July and August 2022. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED STAFF’S RECOMMENDATION (6-0) MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 9. American Rescue Plan Act-Funded Small Business and Non-Profit Training and Grant Program Recommendation Receive and filed and provide staff direction with program implementation. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 10. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No.6 (TR 20494) (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-190 of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), adopting a map of the proposed area (Annexation No. 6) and authorizing the levy of special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2022-190 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 11. Amendment to Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No.7 (TR 20495) (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-191 of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services), adopting a map of the proposed area (Annexation No. 7) and authorizing the levy of special taxes therein. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 11 RESULT: ADOPTED RESOLUTION NO. 2022-191 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 12. Amendment to Permanent local Housing Allocation (PLHA) Program Subrecipient Agreement with Lutheran Social Services of Southern California (LSSSC), Step Up on Second, Inc., Mary’s Mercy Center Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino approve a First Amendment to the Permanent Local Housing Allocation (PLHA) Program Subrecipient Agreements for the following non-profit agencies: Lutheran Social Services of Southern California, Step Up on Second and Mary’s Mercy Center RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 13. Authorization to Proceed with Street Vacation of a Portion of E. Drake Drive (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of East Drake Drive RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 14. Irrevocable Agreement to Annexation No. 2022-368 (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-197 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 property located within the unincorporated territory at 1200 East 40th Street, San Bernardino, California; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED RESOLUTION NO. 2022-197 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 15. Irrevocable Agreement to Annexation No. 2022-369 (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2022-196, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at Newmark Avenue and 40th Street, San Bernardino, California and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED RESOLUTION NO. 2022-196 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 16. Adopt Ordinance No. MC-1592 (Alcoholic Beverage Sales Locational Restrictions) (All Wards) Recommendation 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). Council Member Sanchez pulled this item for future discussion. He made a motion to strike the size condition of 10,000 square feet or more from the locational restrictions, so smaller stores whose main commodity is not liquor, may continue to operate. Council Member Shorett seconded the motion. Council Member Reynoso made a substitute motion to approve staff’s recommendation. Council Member Calvin seconded the motion. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 13 RESULT: APPROVE STAFF’S RECOMMENDATION [Failed 3-3] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Reynoso, Calvin, Alexander NOES: Sanchez, Figueroa, Shorett ABSENT: Sandra Ibarra Mayor Valdivia suggested that the item be brought back at a future Council Meeting when all Council Members are present, to conduct a thorough deliberation and discussion. Council Member Alexander made the motion. The vote on the original motion made by Council Member Sanchez was then conducted. RESULT: APPROVE STAFF’S RECOMMENDATION WITH THE OMMISSION OF THE 10,000 SQUARE FEET CONDITION FOR NEW ALCOHOLIC BEVERAGE RETAILERS [Failed 3-3] MOVER: Theodore Sanchez, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, NOES: Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra The vote was then taken on Council Member Alexander’s motion to postpone. RESULT: POSTPONE THE ADOPTION OF ORDINANCE NO. MC-1592 TO THE NEXT REGULAR MAYOR AND CITY COUNCIL MEETING [6-0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 17. Amendment No.2 to the ESG-CV Subrecipient Agreement with Lutheran Social Services of Southern California (LSSSC) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 2 to the Emergency Solutions Grant-Cares Act (ESG -CV) Program Subrecipient Agreement with Lutheran Social Services of Southern California. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 14 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 18. Third Amendment to the Community Development Block Grant Cares Act Subrecipient agreement with the Housing Authority of San Bernardino County Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 3 to the Community Development Block Grant-Cares Act (CDBG- CV) Subrecipient Agreement with the Housing Authority of the County of San Bernardino (HACSB). RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 19. 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 August 2022. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 20. Technical Corrections to Previously Adopted Items:1) Resolution No. 2022-170 Amending the FY 2022/23-24 Biennial Budget to transfer funds between the General Fund and the Fleet Services Fund, and 2) Resolution No.2022-179 Approving, Among Other Things, the addition of the Plans Examiner II Position in the Community and Economic Development Department. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California reaffirm their previous action of: 1. Adopting Resolution No. 2022-170 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Agency Director of Administrative Services to transfer $1,200,000 in the fiscal year 2022/23 operating budget from the General Fund to the Fleet Fund, and Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 15 2. Adopting Resolution No. 2022-179 of the Mayor and City Council of the City of San Bernardino, California, which, among other things, approved the addition of the Plans Examiner II position. RESULT: ADOPTED RESOLUTION NOs. 2022-170 AND 2022-179 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 21. Grant Awards for Speicher Memorial Park Project Recommendation Adopt Resolution No. 2022-205 of the Mayor and City Council of the City of San Bernardino, California: 1. Accepting a grant award in the amount of $1,000,000 from the San Manuel Band of Mission Indians for improvements to Speicher Memorial Park; 2. Accepting a grant award in the amount of $950,000 from the County of San Bernardino for improvements to Speicher Memorial Park; 3. Authorizing the City Manager to conduct all negotiations, signings, and submittals of all necessary documents to receive the grant awards; and 4. Authorizing the Agency Director of Administrative Services to amend the FY2022/23 Budget to appropriate $1,950,000 in grant funding for the Speicher Memorial Park improvement project. RESULT: ADOPTED RESOLUTION NO. 2022-205 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 22. Side Letter Agreements Between the City of San Bernadino and All Bargaining Groups Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-193 approving a Side Letter Agreement to the Employment Agreements between the City of San Bernardino and the Executive Team, San Bernardino Police Management Association (SBPMA), San Bernardino Police Officers Association (SBPOA), San Bernardino Police Dispatch Association (SBPDA), San Bernardino Confidential and Management Association (SBCMA), Middle Management and General Unit, to include Juneteenth as an observed holiday. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 16 RESULT: ADOPTED RESOLUTION NO. 2022-193 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 23. Approving Job Classifications and Amending the Salary Schedule Recommendation Adopt Resolution No. 2022-198 of the Mayor and City Council of the City of San Bernardino, California: 1. Establishing the Human Resources Trainee, Human Resources Analyst I, and Human Resources Analyst II job classifications; and 2. Amending the City-wide salary schedule or full-time, part-time, temporary, and seasonal positions.  RESULT: ADOPTED RESOLUTION NO. 2022-198 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 24. Authorize the Appropriation of Funds in the Amount Of $190,000 From the Cultural Development Impact Fund For City-Wide Special Events Recommendation Adopt Resolution No. 2022-202 of the Mayor and City Council of the City of San Bernardino, California authorizing the Agency Director of Administrative Services to appropriate funds in the amount of $190,000 from the Cultural Development Impact Fund to cover costs for the San Bernardino Festival ($100,000) and holiday celebrations in Downtown ($90,000). RESULT: ADOPTED RESOLUTION NO. 2022-202 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 25. Public Art-Utility Box Policy Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 17 Recommendation It is recommended that the Mayor and City Council of San Bernardino, California, adopt the Public Art - Utility Box Policy. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 26. Resolution to accept California Office of Traffic Safety Grant Award (PT23165) Recommendation Adopt Resolution No. 2022-200 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept and administer the FY 2022/23 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant and authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget by the amount $530,000 in both revenues and expenditures. RESULT: ADOPTED RESOLUTION NO. 2022-200 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 27. Resolution Authorizing the City Manager to Execute a Contract for Off-Road Police Vehicles Purchase and Authorizing the Agency Director of Administrative Services to Amend the FY 2022/23 Adopted Budget Recommendation Adopt Resolution No. 2022-204 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a contract with the County of San Bernardino for the acceptance of $162,334 from the County of San Bernardino, and authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 18 RESULT: ADOPTED RESOLUTION NO. 2022-204 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 28. Accept the Project Safe Neighborhoods Grant Recommendation Adopt Resolution No. 2022-192 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2021 Project Safe Neighborhoods Grant and authorize the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $200,000 in both revenue and expenditures. RESULT: ADOPTED RESOLUTION NO. 2022-192 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 29. Professional Services Agreements – On Call Geotechnical Services (All Wards) Recommendation Approve the award of a one-year Professional Services Agreements with the firms of Hilltop Geotechnical Inc., Koury Engineering & Testing, Inc. and RMA Group, to provide as-needed on-c all Geotechnical Services and authorize the City Manager, or designee, to sign and execute the agreements RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 30. Agreement with Econolite, Inc. for Purchase of Traffic Intersection Signal Supplies and Materials (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 a Goods and Services Agreement with Econolite, Inc., for the purchase of traffic intersection signal supplies and related materials; and authorize the Agency Director of Administrative Services to issue a purchase order in the amount not to exceed $250,000 to Econolite, Inc. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 19 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 31. Construction Contract Award – Installation of Automatic Entry Doors at the Community Centers/Libraries 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. 2 to the Professional Services Agreement with Z&K Consultants, Inc., extending the agreement until December 31, 2022. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 32. Award Construction Contract for Citywide Pavement Rehabilitation- Slurry/Crack Seal (Wards 2, 4, 5, 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a construction contract with COPP Contracting, Inc. in the amount of $1,503,080 to construct Citywide Pavement Rehabilitation- Slurry/Crack Project; and 2. Authorize construction, construction contingencies, and inspection costs in the total amount of $1,755,000 for Citywide Pavement Rehabilitation- Slurry/Crack project; 3. Authorize the City Manager or designee to execute all documents for the construction of Citywide Pavement Rehabilitation- Slurry/Crack project with COOP Contracting, Inc.; 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 5. Authorize the Agency Director of Administrative Services to issue a Purchase Order in the amount not to exceed $1,503,080 to COPP Contracting, Inc to complete the Project. Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 20 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 33. Award Design Services Agreement for Seccombe Lake Park Revitalization Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Design Services Agreement with RHA Landscape Architects Planners, Inc. in the amount of $537,855 for the revitalization of Seccombe Lake Park. RESULT: APPROVED STAFF’S RECOEMMENDATION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 34. Agreement with Axon Enterprise Incorporated, and Issue Purchase Order Recommendation Adopt Resolution No. 2022-199 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a 5-year Professional Services Agreement with Axon Enterprise, Inc., for body-worn camera services; and authorizing the Agency Director of Administrative Services to issue a purchase order to Axon Enterprise Inc. in an amount not to exceed $225,000.00 per fiscal year. RESULT: ADOPTED RESOLUTION NO. 2022-199 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 35. Construction Contract Award – Jerry Lewis Family Swim Center Pool Heater Replacement Recommendation Adopt Resolution No. 2022-201 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a construction contract with Inland Mechanical Construction, Inc. in the amount of $166,700.00 for Jerry Lewis Family Swim Center Pool Heater Replacement; Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 21 2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/24 Capital Improvement Plan to include Jerry Lewis Family Swim Center Pool Heater Replacement Project in the total project cost of $204,000, allocating $90,000 from Parks and Recreation Aquatics and $104,000 from Measure S to fund the project; 3. Authorizing construction, construction contingencies, and inspection costs in the total amount of $204,000 for Jerry Lewis Family Swim Center Pool Heater Replacement; 4. Authorizing the City Manager or designee to execute all documents for the construction of Jerry Lewis Family Swim Center Pool Heater Replacement with Inland Mechanical Construction, Inc.; 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6. Authorizing the Agency Director of Administrative Services to issue a Purchase Order in the amount of $166,700 to Inland Mechanical Construction, Inc. to complete the project. RESULT: ADOPTED RESOLUTION NO. 2022-201 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 36. Critical Incident Notification Policy (All Wards) Council Member Alexander RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 37. Modernization of Procurement Policy & Procedures (All Wards) - Council Member Sanchez Regular Meeting Minutes September 21, 2022 Mayor and City Council of the City of San Bernardino Page 22 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, September 21, 2022, at 10:39 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 5, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Open Session will begin at 7:00 p.m. By:_________________________ Telicia Lopez, CMC City Clerk