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, MARCH 2, 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 Pro-Tem Figueroa on Wednesday, March 2, 2022, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:35 PM 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 5:40 PM
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present 5:50 PM
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 2 Printed 4/5/2022
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. Miguel A. Mondragon, et al. v. City of San Bernardino, et al. , San Bernardino Superior Court Case No. CIVSB 2103398
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
One Item
C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
Agency Designated Representative: City Manager
Employee Organizations: San Bernardino Confidential Management Association; Possible Future Unrepresented Executives
Mayor Valdivia called the Regular Meeting to order at 7:00 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Alexander led the invocation and Council Member Reynoso led the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that the Mayor and City Council discussed thr ee items.
The first item was a matter of existing litigation where the Mayor and City Co uncil gave Risk Management outside legal counsel direction.
The second matter was a matter of potential litigation. The City Coun cil by unanimous vote authorized City staff to file a receivership case on a public nuisance proper ty located at 701 North E Street.
The last item was a conference with labor negotiator and direction was given to staff negotiators.
CITY MANAGER UPDATE
City Manager Rob Field provided city -wide updates to t he Mayor and City Council .
Updates included gr ant funding the City has r eceived, the Homeless Point -In-Time Count, and recent homicide arrests.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS The Mayor and City Council Members provided updates to the community. Highlights included upcoming General Pl an Community Wor kshops, Neighborhood Assoc iation Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 3 Printed 4/5/2022 meetings, and the annual financial report. Council Members Calvin and Alexander attended their first Southern California Association of Governments ( SCAG) Housing Policy Leadership Academy and reported that it was very informative and they would be utilizing the adaptive leadership skills they have learned.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Mayra Melgar, Executive Director for Miss ions of Love, spoke about a n arts program and organic garden for children. Her or ganization is looking for a location to host their programs in the city.
Cheryl Ric hardson, San Bernard ino, spoke about issues she is having with San Manuel Casino regarding privacy in her home that is adjacent to the property.
John Richardson, San Bernardino, also commented about San Manuel and stated that balconies and the smoking session at the casino invade their p rivacy. He stated that it is wrong for the city to accept money from San Manuel.
Rikke Van Johnson and Dolores Armstead, Akoma Unity Center, San Bernardino, commented about Akoma Unity Center ’s event unveiling a mural honoring African American ancestors of San Bernardino’ s West Side community. They also thanked community members, staff and council members for their valuable contribut ions. Acting Public Works Dire ctor Alex Qishta was presented an award for his contributions to the project.
John Shollenberger, San Bernardino, spoke about the proposed charter amendment to elimin ate the elected posi tion of Mayor. He stated that the City has a Manager - Council form of government, and the Charter should be amended to reflect that.
Robert Porter, San Bernardino, expressed support for San Manuel. He also repor ted that the Arts and Histori cal Pre servation Com mittee is in need of grant money for projects and support for artists.
Treasure Ortiz, San Bernardino , commented in support of the new Department Directors in the city. She als o expressed concern for the ho meless population. She asked the City Manager about the status of a new C hief of Police and the status of the Downtown Redevelopment Plan.
Harry Ha tch, S an Bernardino, spoke ab out the cement pile debris known as the Oxbow project. He stated that the debris is polluted because it contains ion batteries.
He encouraged council to vote to bring this issue back at a future meeting.
Frank Audi, San Bernardino, talked about the phrase “liberty and justice for all ”, and about success.
Nohemi, San Bernardino, sp oke about a recent incident of her teenaged son being harassed by the police. She stated that police tactics need to change.
Ronnie Miller, San Bernardino, thank ed Council Members Reynoso, C alvin, and Alexander for their support of the Community E ngaged Christmas event. She also Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 4 Printed 4/5/2022 presented a Plaque of Recognition to Council Member Reynos o, for his support of community organizations. She stated that Cou ncil Members Calvin and A lexander had also received plaques. She announced several upcoming community events of interest.
Sandra L., 3 rd Ward Resident, spoke in support of Dr. Treasure Orti z for Ma yor. She stated that Dr. Ortiz cares about the city and is the best candidate.
At this time, City Clerk Genoveva Rocha read the following written ADA accommodation public comments aloud into the record:
Tim Dorame, San Bernardino, commented in support of voting to keep an elected Mayor position. He urged Council Members to vote in favor of the charter amendment.
After this comment, Council Member Alexander adde d that he would like to notify the residents that San Bernardino had received a Beautification Grant for the 4 th Street
Alley, and thanked S enior Management Analyst Arlington Rodgers for writing the grant and getting it approved.
At this time, City Clerk Rocha notified the Mayor and C ity Council that there was one additional public speaker.
Ron Donis, Ward 1 Resident, asked that the Oxbow project be brought back on to the agenda for reconsideration. He also stated that the Parks and Recreation budget should be increased.
APPOINTMENTS
1. Charter Review Committee Appointment (Mayor Appointment) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Mayor’s appointment of Ms. Sean Kell ey to th e Charter Review Committee. Counci l Staff has verified that appointee is a registered voter within the City.
RESULT: APPROVED THE APPOINTMENT OF M S. SEAN KELLEY TO THE CHARTER REVIEW COMMITTEE [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
Ms. Kelley was not present at the meeting to receive the appointment and O ath of Office.
DISCUSSION
2. Fiscal Year 2021/22 Mid-Year Update (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 5 Printed 4/5/2022 California:
1. Receive and File the Fiscal Year 2021/22 Mid-Year Budget Report; and
2. Adopt Resolution No. 2022-54 Authorizing the City Manager to Amend the Fiscal Year 2021/22 General Fund Operating Budget by $4,824,732 as outlined in the Fiscal Year 2021/22 Mid-Year Budget Report.
City Manager Field announced that a Mayor and City Council Budget Workshop would be held later in the month and introduced Budget Division Manager Tanya Williams.
Ms. Williams presented the Fiscal Year 2021/22 Mid-Year Budget Report.
Finance Department Director Barbara W hitehorn continued the presentation with several mid-year budget amendments, including increased staffing and operational and capital expenses.
The Mayor and City Council members asked questions regarding street maintenance and other pending projects in the city.
RESULT: RECEIVED AND FILED THE MID -YEAR BUDGET REPORT AND ADOPTED RESOLUTION NO. 2022-54 [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
PUBLIC HEARINGS
3. Resolution Approving Street Vacation of a Portion of H Street (Ward 1) Recommendation
Adopt Resolution 2022- 40 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of H Street west of 2 nd Street and reservation of utilities therein.
The public hearing was opened at 9:20 p.m.
Acting Public Works Director Alex Qishta presented a staff report on this item.
City Clerk Rocha announced there were no requests to speak or written communications received for this item.
The public hearing was closed at 9:24 p.m.
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 6 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-40 [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
CONSENT CALENDAR
Items on the Consen t Calendar are considered routine and ar e voted on in a single motion unless a council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR WITH ITEM NO S. 15 & 16 BEING PULLED FOR DISCUSSION [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
4. Veterinary Supplies for Animal Services (All Wards)
Recommendation
Adopt Resolution No. 2022- 41 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Goods Purchase Agreement and authorizing the Director of Finance to issue a purchase order to Victor Medical Company in an amount not to exceed $150,000 annually to purchase veterinary supplies and medications for animals impounded at the shelter.
RESULT: ADOPTED RESOLUTION NO. 2022-41 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
5. 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 February 2022.
RESULT: APPROVED COMMERCIAL AND PAYROLL DISBURSEMENTS
FOR FEBRUARY 2022 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
6. Side Letter Agreement Between the City and the San Bernardino Police Officers Association (All Wards)
Recommendation
Adopt Resolution N o. 2022- 43 of the Mayor and City Council of the City of San Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 7 Printed 4/5/2022 Bernardino, California, approving a Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), am ending Article III, Section 6 ©; and amending Resolution Nos. 2018-287 and 2020-132.
RESULT: ADOPTED RESOLUTION NO. 2022-43 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
7. Resolution Requesting Authori zation to Move Spectrum to 10GB Speed (All Wards)
Recommendation
Adopt Resolution No. 2022- 44 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Enterprise Service Agreement with Spectrum inc reasing the internet speed from 1GB to 10GB for both City Hall and the Police Department, in an amount not to exceed $7,480 per month total.
RESULT: ADOPTED RESOLUTION NO. 2022-44 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
8. Annual Renewal of the City’s Property Insurance for Fiscal Year 2022/23 Recommendation
Adopt Resolution No. 2022- 42 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,601,000 for the term beginning April 1, 2022 and ending March 31, 2023; and authorizing the City Manager to execute all related documentation.
RESULT: ADOPTED RESOLUTION NO. 2022-42 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
9. Accept the FY 2021-22 California Library Literacy Services Grant (All Wards) Recommendation
Adopt Resolution 2022- 45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of gr ant funding in the amount of $87,752 from t he Californi a State Library ’s California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding.
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 8 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-45 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
10. Resolution Declaring Intent to Annex Territory: Community Faci lities District No. 2019-1 (Maintenance Services): Annexation No. 12, Tax Zone No. 13 (Taco Bell) (Ward 3)
Recommendation
Adopt Resolution No. 2022- 46 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 12) and authorizing the levy of a special taxes therein.
RESULT: ADOPTED RESOLUTION NO. 2022-46 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
11. Public Works Equipment Purchase – Avant Compact Wheel Loader and Collecting Brush (All Wards)
Recommendation
Approve Resolution No. 2022- 47 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Volvo Construction Equipment and Services for the purchase of one n ew Avant Compact Wheel Loader and Collect ing Broom Attachment in an amount not to exceed $127,000.
RESULT: APPROVED RESOLUTION NO. 2022-47 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
12. Dement Street Relinquishment by the State of California (Ward 5) Recommendation
Adopt Resolution No. 2022- 48 of the Mayor and City Council of the City of San Bernardino, California, accepting title cont rol and mainte nance to a reconstructed portion of Dement Street upon relinquishment by the State of California and receipt of written notice from the State that the work thereon has been completed.
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 9 Printed 4/5/2022 RESULT: APPROVED RESOLUTION NO. 2022-48 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
13. Annual Purchase Order for Fairview Ford (All Wards) Recommendation
Adopt Resolution No. 2022- 49 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Agreement with Fairview Ford and issue an Annual Purchase Order to Fairview Ford for the purpose of supplying Ford parts, service and body repairs in an amount not to exceed $230,000 on an annual basis with four si ngle year renewal options to the Public Works Department, Fleet Division for the maintenance of City owned vehicles and equipment.
RESULT: APPROVED RESOLUTION NO. 2022-49 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
14. Award of a Professional Services Agreement for Construction Management and Inspection Services for Upgrades to Various Traffic Signal Hardware (All Wards)
Recommendation
Adopt Resolution No. 2022- 50 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with nswer Advisory in an amount not to exceed $280,000 for construction management and inspection services for upgrades to various traffic signal hardware at 224 signalized intersections (Project).
RESULT: ADOPTED RESOLUTION NO. 2022-50 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
15. Resolution Declaring Intent to Annex Territory CFD No. 2019-1 Annexation No. 15 – 5TH & G Street (Ward 1)
Recommendation
Adopt Resolution No. 2022- 51 of the Mayor and C ity Council of the City of San Bernardino, California, declaring its intent to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the C ity of San Bernardino, adopting a map of the area to be proposed (Annexation No. 15) and authorizing the levy of a special taxes therein.
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 10 Printed 4/5/2022 RESULT: ADOPTED RESOLUTION NO. 2022-51 [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
16. Rejecting Construction Bids for Connector Pipe Screen (CPS) & Automatic Retractable Screen (ARS) TMDL’S- Track 1 (All Wards)
Recommendation
Adopt Resolution No. 2022- 52 of the Mayor and City Council of the City of San Bernardino, California, rejecting Construction Bids for Connector Pipe Screen (CPS) & Automatic Retractable Screen (ARS) TMDL’S- Track 1.
RESULT: ADOPTED RESOLUTION NO. 2022-52 [UNANIMOUS]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
17. Authorizing the Execution of Third Amendment to Regulatory Agreement Recommendation
Adopt Resolut ion No. 2022- 53 of the Mayor and City Council of the City of San Bernardino, California:
1. Authorizing the execution of the T hird Amendment to Regulatory Agreement an d Declaration of Restrictive Covenants (“Amended Regulatory Agreement”) for Tuscany Apar tments (formerly Silverwood Park Apartments) between CF Tuscany 2014, L.P. and the City of San Bernardino, extending the period of affordability for 66 units; and
2. Authorizing the City Manager or designee to execute the agreement.
RESULT: ADOPTED RESOLUTION NO. 2022-53 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
18. Reconsider the Removal of the Oxbow Cement Pile (Ward 5) (Council Member Reynoso)
Regular Meeting Agenda March 2, 2022
Mayor and City Council of the City of San Bernardino Page 11 Printed 4/5/2022 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING
[CARRIED 4-3]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Ibarra, Reynoso, Calvin, Alexander
NOES: Sanchez, Figueroa, Shorett
After the vote was announced, Mayor Valdivia asked City Manager Field if there was any new information to provide regarding this issue. Mr. Field stated that there is now a new property owner who is more apt to participate in a solution for the concrete pile.
Mayor Valdivia then asked what the timeframe is for bringing the item for consideration.
Mr. Field stated that staff would strive to bring the item back at the first meeting in April.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 9:33 p.m. on March 2, 2022.
The next joint regular meeting o f 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, March 16, 2022, at the Feldheym Central Library located at 555 W. 6th St., San Bernardino, California 92401. Clos ed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
By:_________________________
Genoveva Rocha, CMC