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HomeMy WebLinkAbout07-21-2021 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, JULY 21, 2021 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, July 21, 2021, 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 July 21, 2021 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no Public Comments for Closed Session. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS203562 b. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538 c. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 d. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVSB2025375 e. Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2025900 f. Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior Court Case No. CIVDS2015337 g. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209 h. Arrowhead Professional Center, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1909462 B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Police Officers Association; San Bernardino Confidential-Management Association, San Bernardino Police Dispatchers Association C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two Items D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8): Property Address: Carousel Mall Property, 43 acres Agency Negotiator: Robert D. Field, City Manager or designee Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group Under Negotiation: Price and Terms Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 3 7:00 P.M. Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Present Robert D. Field City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Sandra Tice of First Presbyterian Church performed the invocation. Council Member Ben Reynoso led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that regarding Item C) Conference With Legal Counsel - Anticipated Litigation, the City Council unanimously approved the filing of a receivership for the property at 2782 9th St. in San Bernardino. CITY MANAGER UPDATE City Manager Field provided updates on the California Theatre renovation, the library’s summer reading program, and local cooling centers open for the public. MAYOR AND CITY COUNCIL UPDATES The City Council provided updates including Neighborhood Association meetings, Movies in the Park, new grant funding for the Garcia Center, and appreciation to Southern California Edison for their assistance regarding the recent power outage. PRESENTATIONS 1. Proclamation - Parks Make Life Better Month - July 2021 Mayor Valdivia presented the proclamation to Jim Tickemeyer and Vanessa Carbajal from the Parks and Recreation Department. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Paul Sanborn spoke about Administrative Civil Penalties, the need for additional fire stations in Ward 6, and excessive noise throughout the City. Treasure Ortiz commented on concerns regarding city leadership, public participation, staffing and compensation, and the allocation of funds, including support for the Violence Intervention Program (VIP). Harry Hatch requested that closed-session matters be reported out and expressed concerns regarding compliance with the Brown Act. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 4 Chad Kroeger spoke about climate change and proposed taking immediate action, using his sunburn as a reminder of the effects of climate change. JT Parr spoke in support of taking immediate action to address climate change and joined Chad Kroeger in using their sunburns as a reminder. Jim Penman expressed concerns about the City’s financial management and urged city leaders to address potential financial challenges before they worsen. Page Miller spoke about fireworks, homelessness, and conservatorships. Peggy Hazlett spoke about communication between city leaders and residents and raised concerns regarding the Palm Avenue/Oxbow development and related health issues. Robert Porter requested additional time for commission chairs to speak and raised concerns about the preservation of historic buildings, monuments, and memorials. Gregory Taylor commended Council Members Reynoso, Alexander and Ibarra for their work, expressed dissatisfaction with the current mayoral leadership, and asked the Council to address homelessness and trash. Rachel Arzu spoke about the services provided by Covenant House, including healthcare, education, job readiness, scholarships, and substance abuse and mental health services, and proposed partnering with the City to establish a homeless shelter. Steve Filson spoke about the loss of his daughter and her boyfriend to fentanyl poisoning and urged the City to take action against the availability of counterfeit fentanyl-laced pills. Thomas Fleming spoke about the impact of fireworks on animals and the frequency of fireworks in the community. Barbara Monroe Hall spoke on concerns about youth violence, neighborhood conditions, access to parks and youth programs, and the allocation of funding for her district. Leticia spoke in support of a petition calling for the removal of the City Manager and expressed concerns about city leadership and infrastructure. Christian Flores requested Measure S funds for the VIP program, emphasizing preventative approaches to violence and asking that funding be restored for residents who need telephone access for work or accessibility purposes. Henry Duran announced that the San Bernardino Free Clinic provides free primary care and laboratory services on the first and third Saturdays of each month. Che Wright spoke about a peaceful community rally and expressed concerns about accountability for American Rescue Plan funds, particularly regarding support for Black Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 5 residents and businesses, and urged city leadership to address the concerns of the Black community. Pastor Kelvin Ward spoke about the increase in gun violence and expressed support for VIP, citing its role in violence prevention and community intervention. Miracle Jaques, representing VIP, spoke about the organization’s work supporting families, assisting with funerals, helping youth, and maintaining a presence in the community, and requested $1.5 million in funding for the program. Connie Miranda spoke about her personal experience growing up in San Bernardino and becoming involved in gangs as a teenager, and expressed support for funding VIP and its efforts to provide hope and alternatives to gang involvement. Danny Miranda spoke about the VIP “Hope Culture” program and its efforts to address gang-related issues, provide mentorship, support formerly incarcerated individuals, and work directly with community members to prevent violence. Reverend Manuel Cardoza spoke about the impact of gun violence on families and the community and requested $1.5 million annually for VIP and other violence-prevention efforts. Gabriel Cannon spoke about his work with VIP and Young Visionaries and the importance of providing youth with safe alternatives to gang involvement, requesting $1.5 million in funding to expand opportunities for young people. Victoria Rice expressed frustration about obtaining answers from city leadership and asked who she should meet with to address her concerns. Corey Benjamin spoke in support of VIP and requested $1.5 million in funding. Thurston McAfee spoke about the history of civil rights and expressed concerns that the Black and minority communities are not receiving adequate consideration from city leadership. Eugene Williams thanked Council Member Calvin and proposed addressing homelessness by renovating an 81-room hotel to provide housing and services, while also requesting $1.5 million for VIP and offering his organization’s assistance with community cleanup efforts. APPOINTMENTS There was a consensus amongst the City Council to vote on each appointment item separately. 2. Downtown Advisory Committee Appointment (Ward 2) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Amelia S. Lopez to the Downtown Advisory Committee representing Ward 2 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED THE APPOINTMENT OF AMELIA S. LOPEZ TO THE DOWNTOWN ADVISORY COMMITTEE [8-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES: None 3. General Plan Advisory Committee Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Edward G. Woolbert as a voting member to the General Plan Advisory Committee representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF EDWARD G. WOOLBERT TO THE GENERAL PLAN ADVISORY COMMITTEE [8-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES: None 4. General Plan Advisory Committee Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Ed Neighbors as an alternate member to the General Plan Advisory Committee representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF ED NEIGHBORS TO THE GENERAL PLAN ADVISORY COMMITTEE [8-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES: None 5. Downtown Advisory Committee Appointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Paola E. Avendano to the Downtown Advisory Committee representing Ward 5 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED THE APPOINTMENT OF PAOLA AVENDANO TO THE DOWNTOWN ADVISORY COMMITTEE [8-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES: None 6. Downtown Advisory Committee Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Michael J. Segura to the Downtown Advisory Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF MICHAEL J. SEGURA TO THE DOWNTOWN ADVISORY COMMITTEE [8-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES: None 7. Electoral Redistricting Advisory Committee (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Rikke V. Johnson to the Electoral Redistricting Advisory Committee representing Ward 6 with the term ending when the City’s ward map based upon the 2020 U.S. Census date is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF RIKKE V. JOHNSON TO THE ELECTORAL REDISTRICTING ADVISORY COMMITTEE [8-0] MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Valdivia NOES: None 8. Downtown Advisory Committee Appointment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Neil Derry to the Downtown Advisory Committee representing the Mayor with the term ending December 2022. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 8 RESULT: DENIED THE APPOINTMENT OF NEIL DERRY TO THE DOWNTOWN ADVISORY COMMITTEE [4-4] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Alexander, Mayor Valdivia NOES: Ibarra, Shorett, Reynoso, Calvin 9. General Plan Advisory Committee Appointment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Bessine Richard as the voting member to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF BESSINE RICHARD TO THE GENERAL PLAN ADVISORY COMMITTEE [5-2] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Alexander, Mayor Valdivia NOES: Reynoso, Calvin ABSTAIN: Ibarra 10. General Plan Advisory Committee Appointment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Gil Botello as the alternate member to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. RESULT: DENIED THE APPOINTMENT OF GIL BOTELLO AS AN ALTERNATE MEMBER TO THE GENERAL PLAN ADVISORY COMMITTEE [5-3] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Mayor Valdivia NOES: Ibarra, Shorett, Reynoso, Calvin, Alexander City Clerk Rocha administered the Oath of Office to the new commissioners. DISCUSSION 11. Annual Cannabis Update & Integrity Standards (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 9 1. Receive and File the Annual Commercial Cannabis Business Permit Update and Litigation Update; and 2. Adopt Resolution 2021-166, establishing Integrity Standards; and 3. Present and Confirm steps to fill the seven (7) remaining Commercial Cannabis Retail Licenses; and 4. Discuss and provide feedback on opening the application process to All Other License Types. Director of Community and Economic Development Mike Huntley, Project Manager Stephanie Sanchez, and City Attorney Sonia Carvalho provided a presentation. RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED RESOLUTION NO. 2021-166 [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, NOES: None Council Member Figueroa advised that he would be recusing himself from Item No. 12 due to a potential conflict of interest. 12. Community Violence Intervention Program Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file and update report on the Violence Intervention Program (VIP); 2. Review and provide staff direction regarding an amendment to the Adopted FY 2021/22 Operating Budget increasing funding for supportive VIP services as requested by members of the City Council for consideration. Violence Intervention Program Manager David Miranda provided a presentation. He spoke about the program’s successes, needs, and financial status. He also confirmed that the City Council had previously directed staff to fund $250,000 for the program, but that it had not yet been allocated. Council Member Sanchez made a motion for staff to return to the Mayor and City Council within 30 days with a full report on the program and a detailed plan for use of the funds they requested. They also discussed receiving quarterly reports on the success of the program. City Manager Field stated that staff would bring back a full report and funding recommendations at a future meeting. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 10 RESULT: DIRECTED STAFF TO BRING BACK A DETAILED REPORT AND FUNDING RECOMMENDATION FOR THE VIOLENCE INTERVENTION PROGRAM [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: None RECUSED: Figueroa 13. Information on Public Notification for Public Hearings (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, provide direction regarding a proposed Municipal Code Amendment related to processing land use entitlements increasing the notification requirement from 500 feet to 1,000 feet and issuing notices to include the property owner and tenants residing on the property. Director Huntley provided an overview of the item. He advised that if approved, staff would take the Municipal Code Amendment before the Planning Commission, and then to the Mayor and City Council for approval. He stated that the goal was to complete the amendment within the next two to four months. Council Member Sanchez made a motion to suspend further presentation from staff and proceed with the proposed Municipal Code Amendment. RESULT: APPROVED STAFF’S RECOMMENDATION [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon Alexander, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: Figueroa 14. Administrative Policies (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and reconsider the proposed administrative policies and provide direction or adopt the resolutions as presented: 1. Resolution No. 2021-162 approving the Municipal Volunteer Program (MVP) Policy; 2. Resolution No. 2021-163 approving the Municipal Volunteer Program (MVP) Policy - Offices of Elected Officials; 3. Resolution No. 2021-164 approving the Travel Authority and Expense Policy and Repealing Resolution No. 9151 and No. 89-100; and 4. Resolution No. 2021-165 approving the Use of City Equipment and Resources. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 11 Council Member Sanchez made a motion to approve recommendations 1, 3, and 4 only. RESULT: APPROVED RECOMMENDATIONS NO. 1, 3, AND 4; ADOPTED RESOLUTION NOs. 2021-162, 2021-164, AND 2021-165 [5-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra, Figueroa Council Member Reynoso made a motion to consider Recommendation No. 2. The motion was seconded by Council Member Alexander. Mayor Valdivia advised that the item could be discussed at the end of the meeting after hearing the remaining items. NOTE: The meeting was adjourned without taking a vote on Item 14, Recommendation No. 2 (Resolution No. 2021-163). PUBLIC HEARINGS 15. Public Hearing on Fiscal Year 2021/22 Assessment Levies for Maintenance Assessment Districts (MAD's) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing; and 2. Adopt Resolution No. 2021-167 of the Mayor and City Council of the City of San Bernardino, California, confirming the diagram and assessment for Assessment District Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2021/22; 3. Adopt Resolution No. 2021-168 of the Mayor and City Council of the City of San Bernardino, California, confirming the diagram and assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2021-22; 4. Adopt Resolution No. 2021-169 of the Mayor and City Council of the City of San Bernardino, California, confirming the diagram and assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2021/22; 5. Adopt Resolution No. 2021-170 of the Mayor and City Council of the City of San Bernardino, California, confirming the diagram and assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2021/22; 6. Adopt Resolution No. 2021-171 of the Mayor and City Council of the City of Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 12 San Bernardino, California, confirming the diagram and assessment for Assessment District Nos. 1022 and Zones 1, 2 and 3 for Fiscal Year 2021/22; 7. Authorize the Finance Director to amend the Fiscal Year 2021/22 Adopted Budget as necessary to reflect district revenues and expenditure budgets; and 8. Direct staff to undertake the steps necessary to finalize the Mayor and City Council’s action. Mayor Valdivia opened the Public Hearing at 11:01 PM. Director of Public Works Kris Jensen provided a presentation. There were no written comments or requests to speak about this item. Mayor Valdivia closed the Public Hearing at 11:06 PM. RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED RESOLUTION NOs. 2021-167, 2021-168, 2021-169, 2021-170, AND 2021-171 [5-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin NOES: Reynoso, Alexander 16. Purchase and Sale of Vacant Parcel (APN 0274-011-29) Commonly Known as a Portion of San Marcos Street and Congress Street to Mary’s Mercy Center (Ward 3) Recommendation Adopt Resolution No. 2021-172 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the Purchase and Sale Agreement (PSA) and Joint Escrow Instructions between the City of San Bernardino and Mary’s Mercy Center, a California Corporation, with respect to the real property commonly known as a portion of San Marcos Street and Congress Street (APN#0274-011-29); and 2. Authorizing the City Manager or designee to sign and deliver the PSA on behalf of the City and take any other actions necessary to accomplish the sale; and 3. Find that these actions are exempt from CEQA. Mayor Valdivia opened the Public Hearing at 11:16 PM. There was consensus amongst the Mayor and City Council to forfeit staff’s Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 13 presentation. There were no written comments or requests to speak about this item. Mayor Valdivia closed the Public Hearing at 11:17 PM. RESULT: ADOPTED RESOLUTION NO. 2021-172 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS 20, 23, 27, 38 AND 40 FOR FURTHER DISCUSSION [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 17. Approval of the Mayor and City Council Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the June 3, 2020, and June 17, 2020, Mayor and City Council meeting. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 18. Professional Services Agreement with Bear Demographics and Research, LLC for Demography, Communications and Outreach Services for Electoral Redistricting (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-193 authorizing the City Manager to execute a Professional Services Agreement with Bear Demographics and Research for Demography, Communications and Outreach Services for electoral redistricting following the 2020 U.S. Census. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 14 RESULT: ADOPTED RESOLUTION NO. 2021-193 [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 19. Investment Portfolio Report for May 2021 (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 May 2021. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 20. 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 May through July 2021. Council Member Reynoso pulled this item. He expressed concern about a line item for four assistants to the Mayor. Assistant City Manager Edelia Eveland confirmed that the positions listed were simply part of the salary schedule and were not currently active or funded positions. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 21. Investment Portfolio Report for June 2021 (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 2021. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 15 22. Approval Final Tract Map No. 20293 (Ward 3) Recommendation Adopt Resolution No. 2021-173 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the Final Map for Tract No. 20293 (Subdivision 20-03) involving the subdivision of a project site containing approximately 9.60 acres into 96 detached single-family lots located on the east side of S. Ferree Street; and 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 23. Approve Final Tract Map No. 17329-1 (Ward 5) Recommendation Adopt Resolution No. 2021-174 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving Final Map for Tract No. 17329-1 (Subdivision 05-40) involving the subdivision of a project site containing approximately 8.08 acres into 28 single-family residential lots located north of W. Meyers Road, and east of Little League Drive; 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement for the subdivision improvements. This item was pulled by Council Member Reynoso. He stated that he did not support this resolution due to the project being planned since 2006. He asked for the item to be continued until next year. City Manager Field stated that the project was already under construction. City Engineer Alex Qishta advised that the map has taken an extended time for approval due to the amount of bonds and the developer’s ability to secure large loans. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 16 RESULT: ADOPTED RESOLUTION NO. 2021-174 [5-2] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander NOES: Ibarra, Reynoso 24. Approving Job Descriptions and Classifications and Amending the Salary Schedule (All Wards) Recommendation Adopt Resolution No. 2021-175 of the Mayor and City Council of the City of San Bernardino, California, approving the job descriptions and classifications for Aquatics Supervisor, Diversity & Inclusion Officer (U), Engineering Technician, Forensics Supervisor, Grants Analyst, Grants Manager and Project Manager of Housing Programs (U); amending the City-wide salary schedule for full-time, part- time, temporary, and seasonal positions; and repealing Resolution No. 2021-139. RESULT: ADOPTED RESOLUTION NO. 2021-175 [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 25. Amendment to AALRR Legal Service Agreement (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2021-176, authorizing the City Manager to execute the First Amendment to Legal Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior Court Case No. CIV DS 2015337. RESULT: ADOPTED RESOLUTION NO. 2021-176 [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 26. Health Benefits Plan Year 2022 (All Wards) Recommendation Adopt Resolution No. 2021-177 of the Mayor and City Council of the City of San Bernardino, California, approving the health benefits plan options for plan year 2022. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 17 RESULT: ADOPTED RESOLUTION NO. 2021-177 [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 27. Cooperative Funding Agreement with the City of Loma Linda for Barton Road Rehabilitation (Ward 3) Recommendation Adopt Resolution No. 2021-178 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving a Cooperative Funding Agreement with the City of Loma Linda for the Barton Road Rehabilitation Project (“Project”); and 2. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan (CIP) to include the Barton Road Rehabilitation Project (“Project”) and establish a project budget in an amount not to exceed $35,500 in Measure I Fund No. 129. RESULT: ADOPTED RESOLUTION NO. 2021-178 [7-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 28. Five-Year Capital Project Needs Analysis (2022/2023 through 2026/2027) for Measure "I" 2010-2040 Expenditures (All Wards) Recommendation Adopt Resolution No 2021-179 of the Mayor and City Council of the City of San Bernardino, California, adopting the Five-Year Capital Project Needs Analysis (Fiscal Year 2022/2023 through Fiscal Year 2026/2027) for Measure "I" 2010-2040 Expenditure. RESULT: ADOPTED RESOLUTION NO. 2021-179 [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 29. Irrevocable Agreement to Annexation No. 2021-365 (Ward 6) Recommendation Adopt Resolution No. 2021-180 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within unincorporated territory located at 2986 North California Street (APN 0268-211-22) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 18 RESULT: ADOPTED RESOLUTION NO. 2021-180 [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 30. Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue (Ward 7) Recommendation Adopt Resolution No. 2021-181 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to record a supplemental appropriation for Sterling Avenue rehabilitation from Pacific Street to Highland Avenue ("Project") from Measure “I” Fund 129 in the amount of $88,094 to support the full project construction cost of $784,084; and 2. Authorizing the Director of Finance to carry over remaining FY 2020/21 project budgets in the amount of $695,989.87 into FY 2021/22 in Project Fund No. 129-160-8675. Council Member Calvin pulled this item. She asked why this project was also listed as part of Item No. 31. City Engineer Qishta advised that this project required a supplemental appropriation to cover additional construction cost, but was also included as part of the list of previously approved CIP projects in Item No. 31. RESULT: ADOPTED RESOLUTION NO. 2021-181 [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 31. Five-Year Capital Improvement Program Fiscal Year 2021/22 to Fiscal Year 2025/26 for Measure I Local Expenditures (All Wards) Recommendation Adopt Resolution No. 2021-182 of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2021/22 through Fiscal Year 2025/26 and Measure I Expenditure Strategy. Council Member Calvin pulled this item. She asked staff that in the future, the list of CIP projects be grouped according to Ward. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 19 RESULT: ADOPTED RESOLUTION NO. 2021-182 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 32. Professional Services Agreement for State Legislative Advocacy Services (All Wards) Recommendation Adopt Resolution No. 2021-183 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Hurst Brooks Espinosa LLC for State Legislative Advocacy Services. RESULT: ADOPTED RESOLUTION NO. 2021-183 [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 33. Approve Final Tract Map No. 20043 (Ward 5) Recommendation Adopt Resolution No. 2021-184 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 20043 (Subdivision 16-04) involving the subdivision of a project site containing approximately 5.23 acres into 16 single-family residential lots located on the southerly side of Belmont Avenue between Palm Avenue and Olive Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements RESULT: ADOPTED RESOLUTION NO. 2021-184 [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 34. FY 2021/22 Special Tax Levies for Previously Formed CFDs (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt: 1. Resolution No. 2021-185 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2021/22 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; and Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 20 2. Resolution No. 2021-186 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2021/22 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; and 3. Resolution No. 2021-187 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2021/22 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. RESULT: ADOPTED RESOLUTION NO. 2021-185, 2021-186, and 2021-187 [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 35. February and March 2020, April, May and June 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes 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 board, commission, and citizen advisory committee meetings approved in February and March 2020, April, May and June 2021. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 36. Resolution to Approve Renewal of IQM2 Streaming Software, Civica Website Content Management Software, and the Purchase of Additional Streaming Hardware from Granicus Inc. for Fiscal Year 2021/22 in an Amount Not to Exceed $59,811.84 Recommendation Adopt Resolution 2021-188 of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of Fiscal Year 2021/22 Purchase Orders for the annual software support agreements and purchase of a second streaming encoder from Granicus Inc., in an amount not to exceed $59,811.84. Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 21 RESULT: ADOPTED RESOLUTION NO. 2021-188 [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 37. Approve Final Tract Map No. 18829 (Ward 3) Recommendation Adopt Resolution No. 2021-189 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving Final Map for Tract No. 18829 (Subdivision 11-03) involving the subdivision of a project site comprised of 411 residential units, approximately 194,200 square feet commercial/mix uses, two (2) private community centers, one (1) public community center, and two (2) detention basins, on a site comprised of four (4) parcels containing a total of approximately 39.36 acres located at the southeast corner of Waterman Avenue and Baseline Street; and 2. Accepting the public dedications as set forth on said map; and 3. Authorizing execution of the standard form of agreement of the subdivision improvements. RESULT: ADOPTED RESOLUTION NO. 2021-189 [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 38. Interim Operations and Maintenance Division Manager (U) Employment Agreement (All Wards) Recommendation Adopt Resolution No. 2021-190 of the Mayor and City Council of the City of San Bernardino, California, appointing Scott A. Smith as Operations and Maintenance Division Manager (U) on an interim basis and approving the employment contract. Council Member Alexander pulled this item. He stated that he would prefer it if existing staff members were offered open positions, rather than hiring staff from outside. RESULT: ADOPTED RESOLUTION NO. 2021-190 [4-3] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Calvin NOES: Ibarra, Reynoso, Alexander Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 22 39. LEAP Grant Award (All Wards) Recommendation Adopt Resolution No. 2021-191 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the Local Early Action Planning Grant Program (LEAP) funds in the amount of $500,000; and authorizing the Finance Director to amend the Fiscal Year 2021/2022 budget related to the General Plan Update Project. RESULT: ADOPTED RESOLUTION NO. 2021-191 [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 40. Authorizing the Reclassification of the Assistant City Clerk to a Chief Deputy City Clerk (All Wards) Recommendation Adopt Resolution 2021-192 of the Mayor and City Council of the City of San Bernardino, California, authorizing the: 1. Reclassification of the Assistant City Clerk to a Chief Deputy City Clerk; and 2. Directing the Finance Director to amend the Fiscal Year 2021/22 Adopted Budget by appropriating an additional $28,059. Council Member Calvin pulled this item. She asked staff why this reclassification was being requested. City Clerk Rocha stated it was to hire and retain better qualified candidates. RESULT: ADOPTED RESOLUTION NO. 2021-192 [6-1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 41. Ordinance Forbidding the Sale of Liquor Within 1,000 Feet of Places Providing Services to Children and Families in San Bernardino - Council Member Reynoso Regular Meeting Minutes July 21, 2021 Mayor and City Council of the City of San Bernardino Page 23 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-3] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Ibarra, Reynoso, Calvin, Alexander NOES: Sanchez, Figueroa, Shorett 42. Censure of the Mayor (All Wards) - Council Member Shorett RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin Alexander NOES: Figueroa 43. Call a Meeting of the Elected Official Compensation Advisory Commission to Review the Compensation for the City’s Elected Officials as Stipulated in Chapter 2.19 of the San Bernardino Municipal Code. (All Wards) - Council Member Alexander RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [5-2] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Damon Alexander, Council Member, Ward 7 AYES: Ibarra, Figueroa, Calvin, Reynoso, Alexander NOES: Sanchez, Shorett ADJOURNMENT The meeting of the Mayor and City Council was adjourned on July 21, 2021 at 11:52 PM. The next joint 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 Friday, July 23, 2021, in the Multi-Purpose Room located at 201 North “E” Suite B, San Bernardino, CA 92401. The Special Meeting will begin at 8:30 a.m. By:_________________________ Telicia Lopez, CMC City Clerk