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HomeMy WebLinkAbout06-02-21 Public agendaIMPORTANT COVID-19 NOTICE In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing , the Mayor and City Council meeting is not open f or public attendance at this time. All meeting s will be held via tele-conf erence. To view the live meeting: Select the link to view the live-stream on the City’s website: https://sbcity.tiny.us/MCC060221 Or Spectrum & Frontier customers may view the broadcast on Channel 3. You may also view the archived video on the City’s website the day after the meeting. To provide public comments: Submit a written comment online via http://sbcity.tiny.us/comments ; Or Email your written comment to publiccomments@sbcity.org before 4:00 p.m. the day of the scheduled meeting; or Call (909)384-5208 and leave a recorded comment not to exceed three (3) minutes before 4:00 p.m. the day of the scheduled meeting. The subject line of your email should include the meeting date, w hether your comment is for the Special Meeting, Closed Session, or Open Session, and w hether it is for public comment or for a specific agenda item. Example: 06/02/21 – Open Session - Agenda Item No. 5 To provide public comments for a Public Hearing: Send an email to publiccomments@sbcity.org before 4:00 p.m. the day of the scheduled meeting. Include your name, telephone number, and the agenda item number. At the time of the requested agenda item, the City Clerk will call the commenter. Each person will be allowed to speak f or up to three-minutes. W ritten comments will be provided to the Mayor and City Council prior to the meeting and will be posted online f or public review, but will not be read aloud. Voicemail comments will be played aloud during the appropriate public comment portion of the meeting. Please note that written & recorded comments received after the deadline will not be included in the record until the next regular meeting. Recorded comments received past the deadline will not be played during the meeting. To view Po werPoint presentations, written comments, or any revised documents f or this meeting date select the link: https://sbcity.tiny.us/agendabackup060221 Or visit the City Clerk’s page: From the City’s homepage www.sbcity.org select the Government category-> City Clerkon the Navigation menu select Search for Records Online-> Council Agendas->Current Year 2021->Meeting Date CITY OF SAN BERNARDINO AGENDA 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, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, JUNE 2, 2021 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, W ARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, W ARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, W ARD 5 Kimberly Calvin COUNCIL MEMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk’s Office or may be accessed online by going to www.sbcity.org. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/28/2021 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    Mayor Pro-Tem, Ward 2 Sandra Ibarra    Council Member, Ward 3 Juan Figueroa    Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Ben Reynoso    Council Member, Ward 6 Kimberly Calvin    Council Member, Ward 7 Damon L Alexander    Mayor John Valdivia    City Manager Robert D. Field    City Attorney Sonia Carvalho    City Clerk Genoveva Rocha    5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i) Kathleen Coats v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1928295 (B) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6): Agency designated representatives: Edelia Eveland, Director of Human Resources, or designee Employee organization: Request for recognition by dispatchers (C) 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 (D) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to Government Code Section 54957): Discussion of evaluation procedures and preparation for annual evaluation of Mayor and City Council appointees. Title: City Manager Title: City Attorney Title: City Clerk Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/28/2021 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR AND CITY COUNCIL UPDATES PRESENTATIONS 1. Proclamation - Fatherhood Awareness Month PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA APPOINTMENTS 2. General Plan Advisory Committee Appointment (Mayor) It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Gil J. Botello 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. 3. General Plan Advisory Committee Appointment (Mayor) It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. David E. Mlynarski 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. 4. General Plan Advisory Committee Appointment (Mayor) It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Bessine Richard 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. 5. 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. James L. Mulvihill to the General Plan Advisory Committee representing Ward 4 with the term ending December 202 2. Council Staff has verified that appointee is a registered voter within the City. 6. Downtown 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 Ms. Kenesha L. Boyd to the Downtown Advisory Committee representing Ward 4 with the term ending December 2022. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/28/2021 Council Staff has verified that appointee is a registered voter within the City. DISCUSSION 7. Fiscal Year 2021/22 Budget Adoption (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the additional items requested to be considered for inclusion in the Fiscal Year 2021/22 Operating and Capital Budget and provid e direction to staff. PUBLIC HEARINGS 8. Ordinance No. MC-1560 an Ordinance of the Mayor and City Council of the City of San Bernardino, California to Amend the San Bernardino Municipal Code to Add to Title 12 Chapter 12.05, “Right-Of-Way Permits – Wireless Facilities” (All Wards) Recommendation Read by title only, waive further reading, and introduce Ordinance No. MC -1560, an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend the San Bernardino Municipal Code to Add to Title 12 Chapter 12.05, “Right- of-Way Permits - Wireless Facilities” and finding the same exempt from California Environmental Quality Act. 9. Draft Fiscal Year 2021-2022 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs; Substantial Amendment Action Plan FY 2020-2021 – Coronavirus Relief Funds Community Development Block Grant-CV3 Recommendation It is recommended that the Mayor and the City Council for the City o f San Bernardino, California: 1. Conduct a public hearing on the review of the draft Fiscal Year 2021/22 Annual Action Plan (AAP) associated with the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs; and 2. Adopt the draft Fiscal Year 2021/22 AAP as an application for funding under CDBG, HOME, and ESG Programs; and 3. Authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the Draft HUD Fiscal Year 2021/22 AAP and certification to HUD; and 4. Direct the Finance Director to amend the budget for ESG unspent dollars; and 5. Adopt a Substantial Amendment to the FY 2020/21 Action Plan; and Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/28/2021 6. Direct the Finance Director to amend the Fiscal Year 2020/21 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action Plan; and 7. Direct the Finance Director to establish new funds and associated accounts for the Community Development Block Grant (CDBG-CV3) pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; and 8. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan. 10. Warehouse Moratorium (All Wards) Recommendation Per City Council direction provided on May 19th, 2021, review and consider the following action: Read by title only, waive further reading, and adopt Urgency Ordinance No. MC- 1561 of the Mayor and City Council of the City of San Bernardino, California, establishing a temporary 45-day moratorium on the establishment, expansion or modification of warehouse, distribution, logistics, truck terminal and truck storage facilities and related uses within the City of San Bernardino. CONSENT CALENDAR 11. Risk Management Insurance Renewal Fiscal Year 2021-22 (All Wards) Recommendation Adopt Resolution No. 2021-125 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance, and cyber insurance policies. 12. Maintenance Services Agreement to Re-Surface/Re-Purpose Outdoor Sports Courts in Parks (Wards 1, 3, 5, 6) Recommendation Adopt Resolution No. 2021-126 of the Mayor and City Council of the City of San Bernardino, California approving the Maintenance Services Agreement betwe en the City of San Bernardino and Trueline Construction and Surfacing, Inc., and a change to Purchase Order #2021-0527 in the amount of $125,160 for the re-surfacing/re- purposing of outdoor sports courts in parks city-wide. 13. Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4 & 5) Recommendation Adopt Resolution No. 2021-127 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Agreement with AToM Engineering Construction, Inc., in the amount of $654,321 for the construction of Kendall Drive Slope Rehabilitation ("Project"); and Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/28/2021 2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $787,437 for con struction of the Project; and 3. Authorizing the Director of Finance to allocate an additional $330,337 from Public Improvement Fund (246) to the Project (Account number 246 -160-8767*5504) to fund the project construction, construction contingencies , and engineering & inspections; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 14. First Amendment to Consultant Services Agreement with IDC Consulting Engineers, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-128 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the First Amendment to Consultant Services Agreement with, IDC Consulting Engineers, Inc., (“First Amendment”) in an additional amount not-to- exceed $150,000 to provide as-needed, on-call Public Works inspection services for various Capital Improvement Program (CIP) projects; and 2. Authorizing the Director of Finance to record a change order to the IDC Consulting Engineers, Inc., purchase order, increasing the not-to-exceed amount to $250,000; and 3. Authorizing the City Manager, or designee, to execute the First Amendment 15. Professional Services Agreement for Administrative Hearing Officer Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-129 authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Palacios Law Office for Administrative Hearing Officer Services. 16. Revised Five-Year Capital Improvement Program (FY 2020/21 to FY 2024/25) for Measure I Local Expenditures (All Wards) Recommendation Adopt Resolution No. 2021-130 of the Mayor and City Council of the City of S an Bernardino, California, approving the Revised Measure I Five -Year Capital Improvement Plan for FY 2020/21 through FY 2024/25 and Measure I Expenditure Strategy. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/28/2021 17. Professional Services Agreement for On-Call Plan Review, Inspection & Stormwater Management Services (All Wards) Recommendation Adopt Resolution No. 2021-131 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a two -year Professional Services Agreement with Valued Engineering, Inc., to include three (3) one-year extension options for Plan Review, Inspection & Stormwater Management Services. 18. Accept the Project Safe Neighborhoods Grant (All Wards) Recommendation Adopt Resolution No. 2021-132 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2020 Project Safe Neighborhoods Grant and authorize the Director of Finance to amend the FY 2020/21 Adopted Budget appropriating $174,496 in both revenue and expenditures. 19. Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-133 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Amendment to the Services Agreement between the City of San Bernardino and Tyler Technologies, Inc., and increase the FY 2020/21 Purchase Order by $125,000. 20. Accept Fiscal Year 2020 EMPG Grant Recommendation Adopt Resolution No. 2021-134 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the Fiscal Year 2020 Emergency Management Performance Grant and increasing the Fiscal Year 2020/21 Adopted Budget revenue and expenditures by $30,768. 21. 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 2021. 22. 2021 Fireworks Regulatory Fee Rate (All Wards) Recommendation Adopt Resolution No. 2021-135 of the Mayor and City Council of the City of San Bernardino, California, setting the 2021 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/28/2021 23. Establishment of Local Campaign Finance Regulations (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept the final reading and adopt Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to local campaign finance regulations; and 2. Adopt Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement; and 3. Amend the proposed FY 2021/22 operating budget to include funding to support enforcement of Ordinance MC-1558. 24. Update Regarding Negotiations with Renaissance Downtown USA/ICO Real Estate Group (RDICO) for the Carousel Mall Property (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update regarding the negotiations with Renaissance Downtown USA/ICO Real Estate Group (RDICO) for the Carousel Mall property. . ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 25. Phasing Plan to Transition City Owned and Operated Vehicles to 100% Electric Vehicles - Council Member Ben Reynoso ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT 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, June 16, 2021 via tele-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/28/2021 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the June 2, 2021 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on Friday, May 28, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 5/28/2021 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.