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HomeMy WebLinkAbout12-15-2021 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, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, DECEMBER 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 PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK: https://sbcity.tiny.us/PublicCommentOptions 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://tinyurl.com/121521agendabackup 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 December 15, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 12/10/2021 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)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a.Lisa Zaragoza, individually and as successor-in-interest to Anthony Angel Armenta, deceased v. City of San Bernardino, et al., United States District Court Case No. 5:20-cv-02672-KK b.EEL Holdings, Inc., LLC v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS1906467 c.Ashe Society SB, LLC v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS1911952 d.Riznhead Inc., et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2005179 e.SB Pharma Holdings, Inc., et al. v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS1914576 B)CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item C)CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Two Items a. Notice of Claim, Montecito Equities, Ltd., dated November 20, 2020 (on file with City Clerk) b. Request from Mayor John Valdivia dated December 8, 2021 (deliv ered electronically December 9, 2021) requesting defense in the following cases: Jackie Aboud v. John Valdivia, et al., Case No. CIVDS203562; Karen Cervantes v. John Valdivia, et al., Case No. CIVDS2012538; Mirna Regular Meeting Agenda December 15, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 12/10/2021 Cisneros v. John Valdivia, et al., Court Case No. CIVDS2012926; and Donald Smith v. John Valdivia, et al., Case No. CIVSB2025375. 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS PRESENTATIONS 2.City of San Bernardino Introduction to Enhanced Infrastructure Financing District by FinanceDTA (All Wards) P.13 3.SB 1383 Organic Waste Reduction Presentation (All Wards) P. 13 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA DISCUSSION 4.Adoption of Debt Management Policy (All Wards) P. 24 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-292 as presented establishing the City’s administrative policy regarding debt management. 5.2022 Mayor and City Council Meeting Schedule (All Wards) P. 60 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed 2022 Mayor and City Council Meeting Schedule and provide direction for modifications or adopt the schedule as presented. 6.Audited Financial Statements and Popular Annual Financial Report for Fiscal Year 2020/21 (All Wards) P. 71 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the audited Fiscal Year 2020/21 Annual Comprehensive Financial Report (ACFR) and FY2020/21 Popular Annual Financial Report (PAFR). Regular Meeting Agenda December 15, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 12/10/2021 7.Evaluation of Options for Adjusting the Salary of the Mayor to Appropriately Reflect the Duties of the Office Following the 2016 Amendment of the City Charter (All Wards) P. 375 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and discuss the options for adjusting the salary of the Mayor (Elected Officials) to appropriately reflect the duties of the Office following the 2016 amendment of the City Charter and provide direction. 8.Election of Mayor Pro Tempore (All Wards) P. 384 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore until the second regularly scheduled Mayor and City Council meeting in December 2022. 9.City Support for Downtown Events (All Wards) P. 386 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following actions: 1)Review and consider the proposed options for City support of Downtown Public Events and provide direction for modification or approve Route 66, SB Food Fest, and the Downtown SB Art Walk events eligible for City support. 2)Direct staff to bring forward any other downtown events requesting City support for approval. 3)Adopt Resolution No. 2021-304 authorizing the City Manager to reduce or waive special event related fees for certain designated downtown events. CONSENT CALENDAR 10.Maddy Act Local Appointments List (All Wards) P. 394 Recommendation Adopt Resolution No. 2021-290 of the Mayor and City Council of the City of San Bernardino, California, approving the Local Appointments List. 11.Second Reading and Adoption of Ordinance No. MC-1567 Amending Chapter 1.16 of Title 1 of the City of San Bernardino Municipal Code Relating to the Boundaries of Wards (All Wards) P. 405 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance MC-1567, amending Chapter 1.16 of Title 1 of the City of San Bernardino Municipal Code, relating to boundaries of all Wards. Regular Meeting Agenda December 15, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 12/10/2021 12.Smart City Technology Update (All Wards) P. 437 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the City’s efforts to integrate Smart City Technology into the General Plan Update. 13.Emergency Rental Assistance Program Updates (ERAP) (All Wards) P. 441 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on the status of the City’s Emergency Rental Assistance Program (ERAP). 14.Resolution Opting City into National Opioid Settlement (All Wards) P. 444 Recommendation Adopt Resolution No. 2021-291 of The Mayor and City Council of the City of San Bernardino, California, to authorize the City Manager to enter into Settlement Agreements with Mckesson Corporation, Cardinal Health, Inc., Amerisourcebergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-Mcneil- Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., agree to the terms of the State-Subdivision Agreements; and authorize entry into the State- Subdivision Agreements with the Attorney General. 15.June, September, October & November 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes (All Wards) P. 1325 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 board, commission, and citizen advisory committee meetings approved in October and November 2021. 16.Approval of Commercial and Payroll Disbursements (All Wards) P. 1390 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for November 2021. 17.Authorize the Issuance of a Purchase Order for Police Motorcycles (All Wards) P. 1431 Recommendation Adopt Resolution No. 2021-293 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Long Beach BMW Motorcycles in an amount not to exceed $67,000. 18.Amendment No. 1 to Agreement with Z&K Consultants, Inc. (All Wards) P. 1444 Recommendation Adopt Resolution No. 2021-294 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to Professional Services Agreement with Z&K Consultants, Inc., increasing the total contract amount to $525,000. Regular Meeting Agenda December 15, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 12/10/2021 19.Amendment No. 2 to Agreement with IDC Consulting Engineers, Inc. (All Wards) P. 1474 Recommendation Adopt Resolution No. 2021-295 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 2 to Professional Services Agreement with IDC Consulting Engineers, Inc., extending the contract term to December 31, 2022, and increasing the total contract amount to $400,000. 20.Adopt Caltrans Local Assistance Procedures Chapter 10 (All Wards) P. 1507 Recommendation Adopt Resolution No. 2021-296 of the Mayor and City Council of the City of San Bernardino, California, adopting the Caltrans Local Assistance Procedure Manual Chapter 10 for Architectural and Engineering Consultant Selection and Procurement for services for Federal and State Funded transportation projects. 21.5Th Street Senior Center Outside Dining Cover (Ward 1) P. 1591 Recommendation Adopt Resolution No. 2021-297of the Mayor and City Council of the City of San Bernardino, California: 1.Authorizing the Director of Finance to appropriate entire amount of $9,200 from the CDBG-CV3 Project Account in accordance with Contract Change Orders for Micon Construction Inc.; and 2.Authorizing the Director of Finance to increase the purchase order to reflect the full, approved project cost. 22.Construction Contract Award - Citywide Street Lighting Upgrades (All Wards) P.1603 Recommendation Adopt Resolution No. 2021-298 of the Mayor and City Council of the City of San Bernardino, California: 1.Approving the award of a Construction Contract with Sasco in the amount of $257,748 to provide LED citywide lighting upgrades; 2.Authorizing the project construction, construction contingencies and inspection costs, in the total amount of $300,000 for LED citywide lighting upgrades; and 3.Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 23.Construction Contract Award for Upgrades to Various Signal Hardware on 224 Signalized Intersections (All Wards) P. 1672 Recommendation Adopt Resolution No. 2021-299 of the Mayor and City Council of the City of San Bernardino, California: Regular Meeting Agenda December 15, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 12/10/2021 1.Approving the award of a Construction Contract with Baker Electric, Inc. in the amount of $3,799,306 for construction upgrades to various signal hardware at 224 Signalized Intersections on Various Arterials; and 2.Authorizing the project construction, construction conting encies and inspections costs in the total amount of $4,402,306 for construction Upgrade Various Signal Hardware at 224 Signalized Intersections on Various Arterials; and 3.Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 24.Resolution Approving a Cooperative Agreement with SBCTA for Waterman Avenue at State Route 210 (SR-210) Interchange Project (Ward 7) P. 1713 Recommendation Adopt Resolution No. 2021-300 of the Mayor and City Council of the City of San Bernardino, California: 1.Approving Cooperative Agreement No. 22-1002720 with the San Bernardino County Transportation Authority for Waterman Avenue at State Route 210 (SR- 210)interchange Project; and 2.Authorizing the Director of Finance to record a budget adjustment in Measure I Fund No. 129 in the amount of $400,000 for Fiscal Year 2021/22 and $998,270 for Fiscal Year 2022/23 to support the project. 25.Second Amendment to Right of Way Services Agreement with Paragon Partners, Ltd. (Ward 4) P. 1730 Recommendation Adopt Resolution No. 2021-301 of the Mayor and City Council of the City of San Bernardino, California: 1.Approving Amendment No. 2 to the Agreement with Paragon Partners Consultants, LLC (“Paragon Partners”) extending the term of the agreement to December 31, 2022, and increasing the total not-to-exceed compensation by $12,200 for continued right-of-way acquisition services for 40th Street widening between Johnson Street and Electric Avenue (SS04-014) (Project); and 2.Authorizing the Director of Finance to record a budget adjustment for the right- of-way services for 40th Street widening between Johnson Street and Electric Avenue (SS04-014) (Project) in the amount not-to-exceed $12,200, and amend the Purchase Order to Paragon Partners; and 3.Authorizing the City Manager, or designee, to execute the amendment. 26.Award of Design Services Agreement for the Lighting Circuit Design for Genevieve Street and Ralston Street (Wards 4, 7) P. 1773 Recommendation Adopt Resolution No. 2021-302 of the Mayor and City Council of the City of San Regular Meeting Agenda December 15, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 12/10/2021 Bernardino, California, approving the award of a Design Services Agreement with Michael Baker International, Inc., in the amount of $63,280 for street lighting circuit design for Genevieve Street and Ralston Street. 27.Award of Design Services Agreement for Lighting Circuit Design for the Newmark Ball Field and Speicher Multipurpose Field (Wards 4 and 7) P. 1834 Recommendation Adopt Resolution No. 2021-303 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Design Services Agreement with IDS Group, Inc., in the amount of $91,143 for lighting circuit design for the Newmark Ball Field and Speicher Multipurpose Field. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 28.Methods Available to Recover Funds Spent Illegally by Mayor John Valdivia Stemming from His Private State of the City VIP Reception (All Wards) Councilmember Shorett 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 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 December 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, December 10, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda December 15, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 12/10/2021 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 mat ter 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 bo dy at the end of the meeting, during the period reserved for public comments. Said total period for p ublic 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 Redevelop ment Agency. No member of the public shall be permitted to “share” his/her three minutes with any oth er 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 an d 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 heari ng has been conducted and closed. Regular Meeting Agenda December 15, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 12/10/2021 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City coun cil and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-384-5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://sbcity.tiny.us/PublicCommentOptions . 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode: 2021 The public may begin joining the meeting on Zoom or by calling -in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller’s phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. Continued next page… Regular Meeting Agenda December 15, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 12/10/2021 B) Join the Meeting by clicking on the Zoom link below: https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Meeting ID: 677 845 9453 Passcode: 2021 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677-845-9453 Passcode: 2021 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prom pted by staff when the item is being discussed.