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HomeMy WebLinkAbout09-15-2021 Public AgendaCITY 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, SEPTEMBER 15, 2021 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 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 by emailing publiccomments@sbcity.org or http://sbcity.tiny.us/comments by 4:00 p.m.. It will not be read aloud. o Verbal Public Comments will be in person 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. To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://sbcity.tiny.us/091521agendabackup o 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 Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 9/10/2021 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) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957): Title: City Clerk (MCC) (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 (HR) 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 9/10/2021 MAYOR AND CITY COUNCIL UPDATES PRESENTATIONS PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA APPOINTMENTS 1. Electoral Redistricting Advisory Committee (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Gonzalo Carrillo ("Junior") to the Electoral Redistricting Advisory Committee representing Ward 4 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. 2. General Plan Advisory Committee Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Joel S. Rothschild as a voting member to the General Plan Advisory Committee representing Ward 7 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. DISCUSSION 3. Emergency Rental Assistance Program 2 - State Match (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-224 authorizing the following Emergency Rental Assistance Program actions: 1. Participation in the State Rental Assistance Program (Option ‘B’) established under the American Rescue Plan Act of 2021 (“ERA 2”) by the State Department of Housing and Community Development (“HCD” or the “State”). HCD has represented a switch to Option ‘B’ will result in an initial disbursement to the City of $6,018,454.42 emergency rental assistance funding, with the possibility of two to three times more than that amount (“State Block Grant”); 2. Authorize the City Manager to execute the required materials with HCD to effectuate Option ‘B’, including HCD’s Standard Contract (currently being prepared by the State); 3. Authorize the City Manager to execute a Second Amendment with United Way under City’s emergency purchase authority for administration of the State Block Grant for ERA 2 in a not-too-exceed amount of $600,000, or not more than 10% of the ERA 2 State Block Grant, based on the size of the State Block Grant, with the possibility of additional administration costs based on subsequent Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 9/10/2021 disbursements by the State; and 4. Direct the City Council ERAP Sub -Committee to investigate the possibility of utilizing other local service providers for the City’s direct federal allocation of ERA 2 funds, for future City Council consideration. 4. 2021 Legislative and Regulatory Platform Update (All Wards) Recommendation Adopt Resolution No. 2021-223 of the Mayor and City Council of the City of San Bernardino, approving an update to the 2021 Legislative and Regulatory Platform, and authorizing the City's voting delegate to vote in opposition of the resolution under consideration by the League of California Cities that would support a constitutional amendment to reallocate local sales and use tax away from cities like the City of San Bernardino. CONSENT CALENDAR 5. Vendor Services Agreement Hometown Heroes Military Banner Program (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-225 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and Creative Commercial Services for various services related to th e City of San Bernardino Hometown Heroes Military Banner Program; and 2. Adopt Resolution No. 2021-226 amending the Hometown Heroes Military Ban ner Program Policy. 6. Authorize a Professional Services Agreement with Data Ticket, Inc. for Administrative Citation and Administrative Civil Penalty Processing Services (All Wards) Recommendation Adopt Resolution No. 2021-227 of the Mayor and City Council of the City of San Bernardino, California, authorizing City Manager to execute a Professional Services Agreement between the City of San Bernardino and Data Ticket to provide administrative citation and administrative penalty citation processing services . 7. Subordination of a Deed of Trust in Connection with 1575 Glenview Street, San Bernardino, California (Ward 6) Recommendation Adopt Resolution No. 2021-228 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino to approve the Subordination of a Deed of Trust in connection with refinancing a Senior Mortgage related to real property located at 1575 Glenview Street, San Bernardino, California. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 9/10/2021 8. Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 01 LLC (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2021-240: 1. Approving Settlement Agreements with Shatter, LLC (Thomas Bamber) and SB License 01, LLC (Qiang Ye) to a) resolve litigation arising from the City’s Measure “O” and voter-approved Chapter 5.10 of the San Bernardino Municipal Code concerning the licensing of cannabis business operations; b) provide for the back payment of $1,910,446.81 in cannabis business license tax es and c) provide for the withdrawal of an initiative aimed at reducing the City’s utility users tax rate which, if approved, would result in a decrease of $14 million/year in the City’s general fund revenues; 2. Authorizing the Director of Finance to amend the FY 2020/21 adopted operating budget to increase cannabis business license revenues in the amount of $1,910,446.81; and 3. Directing the Mayor to execute the settlement agreements and authorize the City Manager and the Director of Community and Economic Development to fully implement the terms of the settlement agreements. 9. Authorization of Software Service Agreement for Office 365 (All Wards) Recommendation Adopt Resolution No. 2021-229 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a professional software services agreement with Insight Public Sector, Inc., for th e licensing of Office 365 for a 36-month term for an amount not to exceed $447,339.75; or an annual amount of $149,113.25. 10. Software Services Agreement with GovInvest, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-230 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 GovInvest Inc. for software services. 11. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for August 2021. 12. Resolution to Approve a Contract Amendment with DTA Recommendation Adopt Resolution No. 2021-231 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an amendment to the Professional Services Agreement between the City of San Bernardino and David Taussig & Associates Inc., (DBA “DTA”) for Enhanced Infrastructure Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 9/10/2021 Financing District (EIFD) related professional services. 13. Reclassification of Budget Officer to Budget Division Manager (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Berna rdino, California, adopt Resolution No. 2021-232, authorizing the reclassification of the Budget Officer position to a Budget Division Manager position. 14. Professional Services Agreement with Solutions Simplified for DocuSign Software Services (All Wards) Recommendation Adopt Resolution No. 2021-233 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 Solutions Simplified for DocuSign Software Services. 15. Amendment to Agreement with California Computer Options, Inc. (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-234 , authorizing the City Manager to amend the Professional Services Agreement with California Computer Options, Inc. for information technology assistance in the City's migration to Office 365 and rel ated server and other required upgrades. 16. Back-Up Generator Replacement (All Wards) Recommendation Adopt Resolution No. 2021-235 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a professio nal services agreement between the City of San Bernardino and Califo rnia Building Evaluation & Construction, Inc.; and issue a purchase order in an amount not to exceed $344,850. 17. Co-Operative Funding Agreement with San Bernardino County for Street Rehabilitation (Wards 1, 2, 4, 6 and 7) Recommendation Adopt Resolution 2021-236 of the Mayor and City Council of the City of San Bernardino, California to: 1. Approve a Cooperative Funding Agreement with the County of San Bernardino for street rehabilitation on various streets; and 2. Authorize the Director of Finance to amend the Fiscal Year 2021/22 Capital Improvement Plan (CIP) to include the street rehabilitation cooperation with San Bernardino County on various streets (“Project”) and establish a proj ect budget in an amount not to exceed $3,637,000 , in Measure I Fund No. 129, for FY 2021/22, FY 2022/23, and FY 2023/24. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 9/10/2021 18. Appropriation of Funds for Land Development - Willdan Plan Check and Inspection Services (All Wards) Recommendation Adopt Resolution 2021-237 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Adopted Operating Budget to appropriate $250,000 from the General Fund to the Public Works Department expense budget in accordance with the Professional Services Agreement with Willdan Engineering for on -call plan check and inspection services related to Land Development; and 2. Authorizing the Director of Finance to open a purchase order in the amount of $250,000 with Willdan Engineering for on -call plan check and inspection services related to Land Development. 19. Construction Agreement Award – Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery (Ward 1) Recommendation Adopt Resolution No. 2021-238 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Agreement with Econo Fence, Inc., in the amount of $2,372,565 for the construction of fencing for Seccombe Lake Park & Pioneer Memorial Cemetery ("Project"); 2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $225,000 for construc tion of the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 20. Ordinance for Wastewater Facilities and Collection Rules and Regulations - Adoption (All Wards) Recommendation Adopt Ordinance No. MC-1562, an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend San Bernardino Municipal Code Chapters 13.08, “Connection with Public Sewer” and 13.32, “Wastewater Facilities” and amend San Bernardino Municipal Code Sections 2.28.010, “Approval of Rules and Regulations” and 2.28.020, “Violation - Penalty” and finding the same exempt from California Environmental Quality Act. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 9/10/2021 21. Joint Exercise of Powers Agreement – Upper Santa Ana River Watershed Infrastructure Financing Authority (All Wards) Recommendation Adopt Resolution No. 2021-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Joint Exercise of Powers Agreement to join the Upper Santa Ana River Watershed Infrastructure Financing Authority; and authorizing the City Manager to execute the Agreement. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 22. Obtain Quotes for Tiny Homes, Restrooms, and Jobs (With Agencies) for Homeless Population - Mayor Pro-Tem Ibarra (Ward 2) 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, October 6, 2021 in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the September 15, 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, September 10, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 9/10/2021 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.