HomeMy WebLinkAbout08-03-2022 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, AUGUST 3, 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, August 3, 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 August 3, 2022
Mayor and City Council of the City of San Bernardino Page 2
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Chris Reinhard led the Invocation and Council Member Theodore Sanchez led
the Pledge of Allegiance to the Flag.
CITY MANAGER UPDATE
At this time, Assistant City Manager Edelia Eveland provided city-wide updates
including the introduction of four new staff members: Christian Rodriguez, Grants
Manager; Gilbert Mosquedo, Management Analyst; David Murray, Deputy Director/
Assistant City Planner; and Cassandra Searcy, Deputy Director of Housing and
Homelessness. The City Manager also provided updates on National Night Out,
planned improvements to Guadalupe Field, the launch of passenger flights to San
Francisco and Provo, the development of a comprehensive Economic Development
Action Plan, the Water Department’s low-income assistance program, the return of
library homework assistance, pet safety during extreme heat, and the upcoming Little
League Baseball Western Regionals.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS
At this time, the Mayor and City Council provided updates to the community.
Councilmembers reported on their attendance at National Night Out events and thanked
City staff, law enforcement, and community members for their participation. Updates
were provided regarding community and neighborhood association events, the opening
of a workforce development organization, the Little League Western Regionals, an
upcoming skateboarding event, proposed alcohol sales regulations, and planned
Spanish-language interpretation services for City meetings.
PRESENTATIONS
1. Resolution Celebrating the 50th Anniversary of the 1972 Civic Athletic Club
(CAC) Little League Baseball All Star Team
The Mayor and City Council presented the proclamation to Civic Athletic Club (CAC)
Little League All-Star Team from San Bernardino’s Sixth Ward.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Barbara Whittington spoke in support of a Community Benefits Agreement (CBA) for the
Carousel Mall project. Requested the City to prioritize residents for jobs and economic
opportunities associated with the project.
Sonya Gray-Hunn spoke in support of the Community Benefits Agreement and
requested greater transparency and regular updates from the City Council ad hoc
committee. Requested a status report at a future Council meeting and encouraged
residents to remain engaged and participate in the public process.
David McCammack commented on the public hearing for the Community Facilities
District. Stated that the City should improve maintenance of streets, sidewalks, and
alleys, and address issues including graffiti, illegal dumping, and public safety.
Frank Audi expressed concerns regarding the repeated towing of his work truck, which
he attributed to an improperly marked red curb. Stated that he had contacted numerous
City officials and agencies without receiving a satisfactory resolution and requested that
the City respond to his concerns.
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 3
Tracy Maresco expressed concern regarding the condition and future redevelopment of
the Carousel Mall, urging the City to establish a plan that benefits the community,
creates good jobs, and improves the surrounding neighborhood.
Jim Penman expressed that faith and spiritual guidance were essential to addressing
violence and other challenges facing the community.
Douglas Cameron expressed concerns regarding public safety, illegal activity, speeding,
and pedestrian safety, particularly along Highland Avenue and Baseline Street.
Jennifer C. advocated for a Community Benefits Agreement related to the Carousel Mall
redevelopment to ensure benefits for residents as well as developers.
Harry Hatch urged the Council to allow the new Police Chief sufficient time to conduct
an independent investigation in accordance with the law.
Maria Dines requested greater transparency regarding Carousel Mall redevelopment
negotiations and urged continued support for a Community Benefits Agreement.
Christian Shaughnessy encouraged adoption of a Community Benefits Agreement,
emphasizing community participation, public trust, and addressing violence through
accountability.
Gina Mireles raised concerns regarding crime, safety, and alleged financial misconduct
at the Mountain View Park complex and requested placement on a future agenda to
present additional information.
Martha Romero supported a Community Benefits Agreement, requested greater
transparency regarding redevelopment negotiations, and emphasized the need for
community benefits from the Carousel Mall project.
Devonna Robertson requested transparency from the ad-hoc committee and
encouraged meaningful community involvement in the Carousel Mall redevelopment
process.
Doreen Dominguez supported the Carousel Mall redevelopment and Community
Benefits Agreement, highlighting the opportunity to increase investment and economic
development in San Bernardino.
Scott Furniss thanked the San Bernardino Police Department for its community policing
efforts and stated that public safety contributed to the success of local businesses.
Lawanda Rangel spoke on local leadership, public safety, and the mayoral election,
encouraging leadership focused on addressing crime and community issues.
Naomi Lopez supported a Community Benefits Agreement, requested increased
transparency regarding redevelopment negotiations, and urged continued investigation
into the Robert Adams incident.
Christian Flores requested continued transparency and accountability from the ad hoc
committee and emphasized public participation in the Carousel Mall redevelopment
process.
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 4
Dolores Armstead expressed concerns regarding enforcement of unlicensed street
vending and requested that public comments be administered consistently during City
Council meetings.
City Clerk Genoveva Rocha read the following written comment:
Hardy Brown (Written ADA Accommodation) congratulated elected officials, expressed
concerns regarding public safety and school violence, and requested an independent
review of the Robert Adams police shooting.
DISCUSSION
2. Cancel the September 7, 2022, Mayor and City Council Meeting
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the proposed amendment to the 2022 Mayor and City Council
Meeting Schedule canceling the September 7, 2022, Mayor and City Council
Meeting.
Councilmembers discussed rescheduling the meeting to another date. Staff explained
that the recommendation was to cancel the meeting entirely and noted that work could
be adjusted before or after the canceled meeting as necessary.
RESULT: APPROVED THE CANCELLATION OF THE SEPTEMBER 7th
MAYOR AND CITY COUNCIL REGULAR MEETING [4-3]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Shorett, Reynoso, and Calvin
NOES: Ibarra, Figueroa, and Alexander
3. Third Amendment to Exclusive Negotiating Agreement (ENA) – Carousel
Mall (Ward1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the Amendment to the Exclusive Negotiating Agreement (“ENA”)
between the City of San Bernardino and San Bernardino Development
Company, LLC and LPC West, Inc., for the development of Carousel Mall; and
2. Authorize the City Manager, or designee, to take any further actions and
execute any further documents as necessary to effectuate the agreements.
The item was continued from the meeting of July 20, 2022 Mayor and City Council
Meeting, to ensure Lincoln Properties were in attendance to provide a presentation.
Agency Director Nathan Freeman provided a presentation to the Mayor and City Council
of the proposed Third Amendment to the Exclusive Negotiating Agreement. This action
would add LPC West (Lincoln Property Company) as the exclusive developer for the
Carousel Mall redevelopment, extend the ENA through September 12, 2023, and revise
the schedule of performance to anticipate presentation of a fully negotiated Disposition
and Development Agreement (DDA) to the City Council by August 2023. Staff also
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 5
provided an overview of Lincoln Property Company’s experience and development
portfolio.
Stephen Lindgren, Senior Vice President of Acquisitions and Development for Lincoln
Property Company, provided an overview of the company’s development experience
and highlighted successful mixed-use projects in Southern California.
The Mayor and Council discussed the proposed amendment, including Lincoln
Property Company’s role as lead developer, community benefits, local hiring,
affordable housing, sustainability, project timelines, and the importance of
transparency and regular community updates. Lincoln representatives affirmed their
commitment to community benefits, an affordable housing component, meeting
project milestones within their control, and continued collaboration with RDICO, City
staff, the Council, and the community.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
4. Adopt a Master Equity Lease Agreement for Light Duty Vehicles
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to enter into a Master Equity Lease
Agreement with Enterprise Fleet Management, Inc., for light duty vehicles and
authorize the Agency Director of Administrative Services to issue a purchase
order in an amount not to exceed $1,200,000 to Enterprise Fleet Management.
Barbara Whitehorn, Director of Administrative Services, provided a presentation to the
Mayor and City Council regarding an alternative fleet management model to address the
City’s aging fleet, high maintenance costs, and limited efficiencies. Staff recommended
transitioning to a municipal leasing model to improve vehicle replacement, safety, and
fleet management while providing an estimated $10 million in savings over five years.
The Mayor and City Council discussed the proposed fleet leasing model, including
impacts on City fleet employees, funding and reserves, vehicle replacement timelines,
mileage restrictions, disposal of surplus vehicles, and opportunities for community
vehicle sales. Council also discussed prioritizing electric and alternative-fuel vehicles
as infrastructure and technology become available and expressed support for the
proposed leasing model and projected cost savings.
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 6
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
PUBLIC HEARINGS
5. Public Hearing on Annexation No. 5 to Community Facilities District 2018-1
(Safety Services), (TR 20258), Adoption of Resolutions for Annexing into
the Community Facilities District (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. 2022-161 of the Mayor and City Council of the City
of San Bernardino, California, acting as the legislative body of the City of
San Bernardino Community Facilities District No. 2018-1 (Safety Services),
annexing territory to Community Facilities district No. 2018-1 (Safety Services)
and calling elections therein;
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-162 Resolution of the Mayor and City Council of
the City of San Bernardino, California, acting as the legislative body of the City
of San Bernardino Community Facilities District No. 2018-1 (Safety Services)
certifying the results of the August 3, 2022 annexation and special tax election.
Mayor John Valdivia opened the public hearing at 9:42 p.m.
At this time, Mayor Pro Tem Figueroa and Council Member Kimberly Calvin left the
dais.
No discussion was held on this item.
Mayor John Valdivia closed the public hearing at 9:45 p.m.
RESULT: ADOPTED RESOLUTION NO. 2022-161 [5-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Alexander
ABSENT: Kimberly Calvin, Juan Figueroa
Mayor Pro Tem Figueroa returned to the Dais.
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 7
RESULT: ADOPTED RESOLUTION NO. 2022-162 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT: Kimberly Calvin
6. Public Hearing on Annexation No. 18 to Community Facilities District 2019-1
(Ward 6)
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. 2022-163 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. 18);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-164 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. 18);
5. Introduce, read by title only, and waive further reading of Ordinance No.
MC-1590 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 final reading and adoption of Ordinance No MC-1590 for August 17,
2022.
Mayor John Valdivia opened the public hearing at 9:48 p.m.
No discussion was held on this item.
Mayor John Valdivia closed the public hearing at 9:49 p.m.
RESULT: ADOPTED RESOLUTION NO. 2022-163 [6-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT: Kimberly Calvin
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 8
RESULT: ADOPTED RESOLUTION NO. 2022-164 [6-0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Juan Figueroa, Mayor Pro-Tem, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT: Kimberly Calvin
RESULT: INTRODUCED FOR FIRST READING ORDINANCE MC-1590 [6-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander
ABSENT: Kimberly Calvin
City Clerk Genoveva Rocha read the title of Ordinance MC-1590 into the record
At this time, Council Member Calvin returned to the Dais.
7. Development Code Amendment 22-03 (Accessory Dwelling Units) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Introduce, read by title only, and waive further reading of Ordinance No.
MC-1591 of the Mayor and City Council of the City of San Bernardino,
California, approving Development Code Amendment 22-03 amending Section
19.04.030(2)(P)(6)(a)(i)Specific ADU Requirements) of the City of San
Bernardino Municipal Code (Title 19) to increase the maximum size of a
detached or attached Accessory Dwelling Unit from 1,000 square feet to 1,200
square feet; and finding the Ordinance is exempt under the California
Environmental Quality Act (Attachment 1) (Attachment 1); and
2. Schedule the adoption of the above Ordinance for the regularly scheduled
meeting of the Mayor and City Council on August 17, 2022.
Mayor John Valdivia opened the public hearing at 9:53 p.m.
Planning Division Manager, Oliver Mujica presented a proposed amendment to the
City’s Accessory Dwelling Unit (ADU) Ordinance to increase the maximum allowable
ADU size from 1,000 to 1,200 square feet, as permitted under state law. The Planning
Commission unanimously recommended maintaining the existing 1,000-square-foot
limit due to varying lot and home sizes throughout the City.
Council and staff discussed the proposed increase in the maximum allowable ADU
size from 1,000 to 1,200 square feet. Staff clarified that the amendment would not
change existing setback or lot coverage requirements and that larger ADUs would
only be permitted where the property could accommodate them. Staff also addressed
questions regarding application fees, utilities, garage conversions, and second-story
ADUs.
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 9
Councilmembers expressed concerns regarding parking, neighborhood density,
sewer infrastructure, and the impacts of larger ADUs on smaller and older residential
lots. While some supported ADUs as a housing option, others opposed increasing the
maximum size to 1,200 square feet, citing the Planning Commission’s
recommendation and potential neighborhood impacts.
At this time, public comments for this Item were heard.
Emilia Lopez spoke in opposition to increasing the maximum ADU size from 1,000 to
1,200 square feet and expressed concerns that larger ADUs could result in
overcrowding on smaller residential lots, reduced privacy and yard space, and
increased on-street parking.
Dolores Armstead expressed her opposition increasing the maximum ADU size to
1,200 square feet, citing concerns with overcrowding, neighborhood impacts, and the
potential for ADUs to exceed the size of primary residences.
Mayor John Valdivia closed the public hearing at 10:17 p.m.
Councilmember Theodore Sanchez made a motion to approve staff recommendation
and seconded by Councilmember Ben Reynoso.
There was a substitute motion to deny the staff recommendation by Councilmember
Sandra Ibarra, seconded by Councilmember Fred Shorett, motion passed by a 4-3
vote.
RESULT: DENIED STAFF’S RECOMMENDATION [4-3]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Ibarra, Figueroa, Shorett, Alexander
NOES: Theodore Sanchez, Ben Reynoso, and Kimberly Calvin
8. Development Code Amendment 22-04 (Alcoholic Beverage Sales
Locational Restrictions) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Introduce, read by title only, and waive further reading of Ordinance No.
MC-1592 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment 22-04 amending Section
19.06.030(2)(B) Article II Section III(A) (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; and finding the
Ordinance is exempt under the California Environmental Quality Act (Attachment
1) (Attachment 1); and
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 10
2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting
of the Mayor and City Council on August 17, 2022.
Mayor John Valdivia opened the public hearing at 10:18 p.m.
Planning Division Manager, Oliver Mujica presented a City Council-directed
amendment to increase the required separation for certain off-sale alcohol
establishments from 500 to 1,000 feet from schools, parks, churches, and other
sensitive uses. Staff noted that the Planning Commission unanimously supported the
amendment and clarified that it primarily applied to stores under 10,000 square feet,
with specified exceptions for larger stores, restaurants, specialty stores, bars, and
lounges.
At this time, public comments for this item were heard.
Jim Penman spoke in support of increasing the separation requirements for certain
alcohol-related uses, citing concerns regarding their proximity to schools and parks
and their potential association with public safety issues.
Council and staff discussed concerns that the proposed 1,000-foot separation
requirement could limit future development, particularly in Downtown and the Historic
West Side. Councilmembers requested flexibility for areas governed by specific plans
and for neighborhood convenience stores. Staff clarified that restaurants, bars, and
lounges were exempt, existing businesses would be grandfathered, and the
requirements would apply to new applications for certain off-sale alcohol
establishments. Staff also explained that the forthcoming Downtown Specific Plan would
establish its own land-use regulations.
Councilmembers further discussed the potential impacts on convenience stores seeking
new or upgraded alcohol licenses and questioned whether the additional separation
requirement was necessary given the City’s existing conditional use permit process.
Staff confirmed that typical convenience stores would generally fall under the proposed
requirements and clarified that transfers, sales, or renovations of existing
establishments would not be affected unless a new applicable application was
submitted.
Mayor John Valdivia closed the public hearing at 10:30 p.m.
RESULT: INTRODUCED ORDINANCE NO. MC-1592 [5-2]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Ibarra, Figueroa, Reynoso, Calvin, Alexander
NOES: Theodore Sanchez, Fred Shorett
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 11
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
NOS. 10 and 11 FOR A SEPARATE VOTE [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
Mayor Valdivia pulled Items 10 and 11 and recused himself from
consideration of the items due to a conflict of interest.
At this time, Mayor Pro Tem Juan Figueroa commended staff for their work on
Items 21 and 23.
9. Amendment No. 1 to Owner Occupied Rehabilitation Program (OORP)
Agreement with Neighborhood Partnership Housing Services, Inc. (NPHS)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
approve Amendment No. 1 to the Owner-Occupied Rehabilitation Program (OORP)
Agreement with Neighborhood Partnership Housing Services, Inc. (NPHS)
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
At this time, Mayor John Valdivia left the dais during the voting of Items Nos.10 and 11.
10. Fi nal Reading and Adoption of Ordinance MC-1589 - Warmington Homes
Medical Center Drive Project
Recommendation:
Adopt Ordinance No. MC-1589 approving Development Code Amendment (Zoning Map Amendment) 21-06 changing the Zoning District Classification of one (1) parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 1).
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 12
RESULT: ADOPTED ORDINANCE NO. MC-1589 [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
11. Final Reading and Adoption of Ordinance MC-1588 – Warmington
Homes Palm Avenue Project
Recommendation:
Adopt Ordinance No. MC-1588 approving Development Code Amendment
(Zoning Map Amendment) 21-07 changing the Zoning District Classification of five
(5) parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of
approximately 14.70 acres from Commercial General (CG-1) to Residential
Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 1).
RESULT: ADOPTED ORDINANCE NO. MC-1588 [6-1]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander
NOES: Fred Shorett
12. Adopt Ordinance No. MC-1583 (Home Occupation Permits) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1583 adopting Development Code
Amendment 22-01 amending Section 19.54.030 (Operating Standards) of the City
of San Bernardino Municipal Code (Title 19) to update the standards for home
occupations (Attachment 1).
RESULT: ADOPTED ORDINANCE NO. MC-1583 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
13. 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 July 2022.
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 13
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
14. Investment Portfolio Report for June 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 June 2022.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
15. Resolutions Authorizing Fiscal Year 2022 -23 Special Tax Levies for
Previously Formed Community Facilities Districts
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt the following resolutions:
1. Adopt Resolution No. 2022 -16 5 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to Pay the Annual Cost of Public Safety Services and
Administrative Expenses within Community Facilities District No. 2018-1 (Safety
Services) of the City of San Bernardino
2. Adopt Resolution No. 2022 -16 6 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No 2018-2
(Verdemont Ranch);
3. Adopt Resolution No. 2022-167 of the Mayor and City Council of the City of
San Bernardino, California Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to Pay the Annual Cost of Maintenance Services and
Administrative Expenses within Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino;
4. Adopt Resolution No. 2022 -168 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 2020 -1
(Rancho Palma) of the City of San Bernardino; and
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 14
5. Adopt Resolution No. 2022 -16 9 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 2021 -1
(Fe rree Street) of the City of San Bernardino.
RESULT: ADOPTED RESOLUTION NOS. 2022-165, 2022-166, 2022-167,
2022-168, 2022-169 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
16. Amendment No. 2 to Agreement with California Computer Options, Inc. (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize Amendment No. 2 to the Professional Service Agreement
with California Computer Options Inc., for information technology assistance in
the City’s migration to Office 365 and related server and other required upgrades.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
17. Purchase of Patrol Vehicle Equipment
Recommendation:
Authorize the Finance Department to issue a purchase order to DuraTech USA for up to $185,000 for the purchase of patrol vehicle equipment.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
18. Final Reading and Adoption of Ordinance No. MC-1582 (Ward 3)
Recommendation:
Adopt Ordinance No. MC-1582 of the Mayor and City Council of the City of San
Bernardino 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,
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 15
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-1582 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
19. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 22, Tax Zone No. 23 (1300
E Highland) (Ward 7)
Recommendation:
Adopt Resolution No. 2022-171 of the Mayor and City Council of the City of San
Bernardino 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. 22) and authorizing the levy of
a special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2022-171 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
20.Establish a “No Parking 6 PM to 6 AM” Parking Restrictions on the Westside
of State Route 18 (SR-18) Turnout South of Old Waterman Canyon Road (Ward
4)
Recommendation:
Adopt Resolution No. 2022-172 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A
Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or
Portion Thereof…” to establish a “No Parking 6PM to 6AM” Parking Restriction
on the Westside of State Route 18 (SR-18) Turnout South of Old Waterman Canyon
Road.
RESULT: ADOPTED RESOLUTION NO. 2022-172 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
21. Construction Contract Award - Pepper Avenue Street Improvement Project
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Mayor and City Council of the City of San Bernardino Page 16
(Ward 3, 6)
Recommendation:
Adopt Resolution No. 2022-173 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract with Hillcrest Contracting, Inc.,
in the amount of $5,553,697 for the Pepper Avenue street improvement
project; and
2. Authorizing and directing the City Manager to execute the Administrative
Settlement Agreement regarding partial purchase of 795 N. Pepper Ave., San
Bernardino, California: APN: 0142-344-24; and
3. Authorizing the Agency Director of Administrative Services to issue a check for
$14,000 to satisfy the terms of the Administrative Settlement Agreement
regarding the partial purchase of 795 N. Pepper Ave., San Bernardino,
California; and
4. Authorizing construction, construction contingencies and inspection costs in
the total amount of $6,610,000 for the Pepper Avenue street improvement
project; and
5. Authorizing the City Manager or designee, to execute all documents for the
construction of the Pepper Avenue street improvement project with Hillcrest
Contracting, Inc.; and
6. Authorizing the City Manager or designee, to expend the contingency fund, if
necessary, to complete the project.
RESULT: ADOPTED RESOLUTION NO. 2022-173 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
22. Agreement with Inland Empire Landscape, Inc. for Landscape Maintenance
at City Street Medians, Islands, and LMDs (All Wards)
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 Maintenance Services Agreement with
Inland Empire, Inc., for landscape maintenance at all City medians and
Landscape Maintenance Districts (LMDs); and
2. Authorize the Agency Director of Administrative Services to appropriate funds in
the amount of $1,138,367.98 to the Public Works Operations and Maintenance
Division General Fund; and issue a purchase order in the amount of
$1,138,367.98 for Fiscal Year 2022/23; and
3. Adopt Resolution No. 2022-175 Authorizing the Agency Director of
Administrative Services to amend the FY 2022/23 General Fund Operating
Budget revenue and expenditure by $241,956 for landscape maintenance at
City Street medians, islands, and landscape maintenance districts (LMDs).
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Mayor and City Council of the City of San Bernardino Page 17
RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION 2022-175 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
23. Amendment No. 2 to Agreement with Kabbara Engineering for Pepper
Avenue Rehabilitation Project (Wards 3, 6)
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 Professional Engineering Services Agreement with
Kabbara Engineering for design services related to the Pepper Avenue
rehabilitation from Baseline Road to Mill Street.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
24. Amendment No. 1 to Agreement with RHA Landscape Architects – Planners,
Inc. for Nicholson Park Design (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 1 to the Professional Design Service
Agreement with RHA Landscape Architects - Planners, Inc. adding extra
design services in the amount of $197,250 and increasing the purchase order to
a total amount not-to-exceed $412,545 for the preliminary design of the Nicholson
Park.
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
25. Final Reading and Adoption of Ordinance No. MC-1587 (Ward 7)
Recommendation:
Adopt Ordinance No. MC-1587 of the Mayor and City Council of the City of San
Bernardino 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
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 18
capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance
Services).
RESULT: ADOPTED ORDINANCE MC-1587 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
26. Final Reading and Adoption of Ordinance MC-1586 – Annexation No. 20
(Ward 7)
Recommendation:
Adopt Ordinance MC-1586 of the Mayor and City Council of the City of San
Bernardino, California, amending Ordinance 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 MC-1586 [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
27. Resolution Approving Acceptance of Grant Funds From the Clean California
Local Grant Program (Ward 1)
Recommendation:
Adopt Resolution No. 2022-174 of the Mayor and City Council of the City of San
Bernardino, California, approving acceptance of grant funds from the Clean
California Local Grant Program in the amount of $722,727, and authorizing a
budget amendment to reflect acceptance of the grant funds, and authorizing the
City Manager or designee to expend the funds and complete any contract
documents associated with the grant.
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Mayor and City Council of the City of San Bernardino Page 19
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Mayor Pro-Tem, Ward 3
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
28. Give the Chief Procurement Officer a dollar authorization of $50,000 and
increase City Manager’s signing authority to $100,000 (All Wards) – Council
Member Alexander
Council discussed directing staff to review the City’s procurement rules and spending
authority to improve efficiency, including consideration of increasing the City
Manager’s signing authority. The City Attorney clarified that the Council could modify
the direction to staff, and the Council directed staff to return with a report and
recommendations regarding procurement procedures and spending authority.
RESULT: APPROVED FOR A FUTURE MEETING [6-1]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Ibarra, Figueroa, Reynoso, Shorett, Calvin, Alexander
NOES: Theodore Sanchez
29. Regulation of Short-term Residential Rentals (All Wards) – Council Member
Sanchez
There was no discussion on this item.
RESULT: APPROVED FOR A FUTURE MEETING [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, August 03,
2022, at 10:50 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, August 17, 2022 in the Council Chamber located at 201 North “E” Street,
San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open
Session will begin at 7:00 p.m.
Regular Meeting Minutes August 3, 2022
Mayor and City Council of the City of San Bernardino Page 20
By:___ ______________________
Telicia Lopez, CMC