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HomeMy WebLinkAbout02-02-2022 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, FEBRUARY 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, February 2, 2022, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived 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 5:31 PM Ben Reynoso Council Member, Ward 5 Present 5:41 PM Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Absent Edelia Eveland Assistant 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 February 2, 2022 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/30/2022 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, asked the City Council to vote against the request made by the Mayor for defense in his pending legal cases. At this time, City Clerk Genoveva Rocha read the following written ADA accommodation public comment aloud into the record: Tim Dorame, San Bernardino, requested that the City Council vote against paying the Mayor’s legal fees. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item. a. Request from Mayor John Valdivia dated December 8, 2021 (delivered electronically December 9, 2021) requesting defense in the following cases: Jackie Aboud v. John Valdivia, et al., Case No. CIVDS2013562; Karen Cervantes v. John Valdivia, et al., Case No. CIVDS2012538; Mirna Cisneros v. John Valdivia, et al., Court Case No. CIVDS2012926; Donald Smith v. John Valdivia, et al., Case No. CIVSB2025375; and Matthew Brown v. City of San Bernardino, Case No. CIVSB2025900 B. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organizations: San Bernardino Confidential Management Association (Office of the City Manager) The Regular Meeting was called to order at 7:19 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Father Leonard D. Depasquale from St. Bernardine Catholic Church led the invocation and Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there was no reportable action from Closed Session. CITY MANAGER UPDATE At this time, Assistant City Manager Edelia Eveland presented a PowerPoint with updates including City activities celebrating Black History Month, the opening of Crestview Terrace apartment homes, new employee announcements, Public Works projects, and free COVID testing events. Ms. Eveland also shared a “City of San Bernardino 2021 Year in Review” video with the Mayor and City Council. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/30/2022 MAYOR & CITY COUNCIL UPDATES & CONFERENCES/MEETINGS ATTENDED At this time, the City Council and Mayor Pro-Tem provided updates to the community. Highlights included congratulations to Council Members Calvin and Alexander being named to the Southern California Association of Governments (SCAG) Housing Policy Leadership Academy, Neighborhood Association meetings, and “thank yous” to City staff. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Treasure Ortiz, San Bernardino, stated that the Oxbow project needs to be addressed. She also said that the residents of the City should be able to come to the Mayor and City Council to get things done. Anel Ortega, San Bernardino, requested that the Mayor and City Council take action to restrict trucks from driving on Kendall Drive between Palm Avenue and University Avenue. She lives in this area and her house vibrates and rattles when trucks drive by. Jim Penman, San Bernardino, spoke against eliminating the elected position of Mayor. He stated that a Charter amendment making this change would be too expensive, and also that citizens deserve the right to vote. Frank Audi, San Bernardino, requested the Mayor and City Council’s assistance with his work truck being towed from his condominium complex. Claudia Bautista, Deputy Director of the Pomona Economic Opportunity Center, spoke about the November 2, 2021 day laborer enforcement at Highland Ave. and Lincoln St.. She requested that City leaders meet with her organization to discuss long- term solutions. Fanelly Milan, Community Organizer with the Pomona Economic Opportunity Center, requested that the police department dismiss the tickets and fines from the November 2, 2021 raid at Highland Ave. and Lincoln St. Jesus Ontiveros, San Bernardino, spoke in Spanish regarding the November 2, 2021 police raid. He asked the Mayor and City Council to refund the citations paid and release all of the vehicles that were impounded.. Asking for your support. (His comment was interpreted into English by Fanelly Milan Marisol Alvarez, San Bernardino, spoke about the state of the City. She stated that the conditions of San Bernardino are far worse than neighboring cities. Mrs. Negrete, San Bernardino, asked to bring attention to the property on Arden St. and Highland Ave. This is a City-owned property full of weeds, trash, and homeless. She asked when the new Chief of Police would be appointed, creating a contract with Burrtec for trash removal, and the condition of the cement grinding being done at various places in the City. Joseph Mora, San Bernardino, expressed concern for signal lights in the city becoming dangerous and possibly leading to an accident. He would like the lights Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/30/2022 delayed by one second. He also spoke about organized gang stalking. He stated that his family and himself have been victims of phone and computer hacking and their pets being killed. He states the police department has not done anything about this. At this time, the following remote speakers were heard via Zoom: Terry Boykins, Project Fighting Chance, asked to bring attention to his organization’s diversion program to help troubled youth by getting them involved in boxing training. He invited the Mayor and City Council and the public to visit Project Fighting Chance. Nataly Bautista, Organizer with the Pomona Economic Opportunity Center, spoke about the day laborers in San Bernardino, and asked for pardoning and reimbursement for tickets and vehicle impounds. She would the City to work with her organization on a long-term solution. Following the remote speakers, City Clerk Genoveva Rocha read the following written ADA accommodation public comment aloud into the record: Tim Dorame, San Bernardino, commented in support of eliminating the elected position of Mayor. He asked for a “yes” vote on Item No. 5. APPOINTMENTS Mayor Pro-Tem Figueroa asked the City Council for a motion to combine Item Nos. 2 and 3, and vote on them simultaneously. Council Member Shorett made the motion, and it was seconded by Council Member Alexander. 2. Arts and Historical Preservation Commission Appointment (Mayor’s Appointment) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Arts and Historical Preservation Commission representing the Mayor. Mr. Quirarte will replace Michael A. Lara with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF MR. ALFREDO QUIRARTE TO THE ARTS AND HISTORICAL PRESERVATION COMMISSION [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon L Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander ABSTAIN: Reynoso, Calvin 3. Parks, Recreation and Community Services Commission Appointment (Mayor’s Appointment) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreation Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/30/2022 and Community Services Commission representing the Mayor. Mr. Quirarte will replace Richard P. Avila with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF MR. ALFREDO QUIRARTE TO THE PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon L Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander ABSTAIN: Reynoso, Calvin DISCUSSION 4. Mayor, City Council, and Candidate Residency Policy (All Wards) Recommendation Adopt Resolution No. 2022-24 of the Mayor and City Council of the City of San Bernardino, California, establishing the City of San Bernardino Residency Policy for Municipal Elections Candidates and Elected Officials. City Clerk Genoveva Rocha presented a staff report on this item. Council Member Ibarra asked questions regarding the types of proof of residency documents that can be provided. Council Member Figueroa expressed that he felt that this policy might exclude some home renters within the City, because they would not be able to provide the required proof of residency. City Clerk Rocha clarified that there were several choices of documents within the policy that could be provided as proof of residency. RESULT: ADOPTED RESOLUTION NO. 2022-24 [6 TO 1] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NAYS: Figueroa 5. Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider placement of a charter amendment to eliminate the position of the elected at-large Mayor on the ballot for the June 7, 2022, primary election; And, if Council wishes: 2. Adopt Resolution No. 2022-25 of the Mayor and City Council of the City of San Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/30/2022 Bernardino, California, submitting to the qualified voters of the City a proposed amendment to the City Charter to eliminate the office of the elected at-large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment. Assistant City Manager Edelia Eveland presented a staff report on this item. Members of the City Council discussed the pros and cons of approving this resolution and eliminating the office of the at-large Mayor. RESULT: ADOPTED RESOLUTION NO. 2022-25 [4 TO 2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Calvin NAYS: Ibarra, Alexander ABSTAIN: Reynoso 6. Assignment of American Rescue Plan Funds (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2022-26 assigning, from American Rescue Plan (ARP) funds held in reserve: a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding, b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding, c. $4,000,000 to the Small Business and Non-Profit Assistance Grant Program, and d. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of the disused parking lot in Lytle Creek Park to a soccer field; 2) Authorize the Finance Director to amend the FY 2021/22 Operating and Capital Budget by $23,050,000; and 3) Direct the City Manager to continue to pursue grant opportunities for the Seccombe Lake Park renovation project and the Nicholson Park renovation project, and if grant funds become available before the deadline for the commitment of ARP funds, authorize the Finance Director to reassign back to reserves for reallocation by Council the ARP funds herein assigned for Seccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount of any grants received. Director of Finance Barbara Whitehorn presented a staff report for this item. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/30/2022 Council Member Alexander clarified that the amounts for the individual Small Business and Non-Profit Assistance Grants should be a minimum of $10,000 each, rather than the $5,000 listed in the staff report. Director Whitehorn stated that she would adjust that amount. Council Member Reynoso asked that $5,000,000 total be allocated to the Small Business and Non-Profit Assistance Grant Program instead of the staff recommendation of $4,000,000, with the additional $1,000,000 allotted for an educational resource center for small business owners. Council Member Sanchez asked that staff also bring back application guidelines for the small business microgrant applications at the Mayor and City Council Meeting in April 2022. Council Member Alexander made a motion to approve Resolution 2022-26 and increase the total funds allotted for the Small Business and Non-Profit Assistance Grant Program from $4,000,000 to $5,000,000, with $1,000,000 being allocated to an educational resource center for small business owners. RESULT: ADOPTED RESOLUTION 2022-26 ASSIGNING, FROM AMERICAN RESCUE PLAN (ARP) FUNDS HELD IN RESERVE: $9,000,000 TO THE SECCOMBE LAKE PARK PROJECT IN LIEU OF FUTURE GRANT FUNDING, $8,850,000 TO THE NICHOLSON PARK PROJECT IN LIEU OF FUTURE GRANT FUNDING, $4,000,000 TO THE SMALL BUSINESS AND NON-PROFIT ASSISTANCE GRANT PROGRAM, AND $1,200,000 FOR RENOVATION OF THE ROOSEVELT BOWL, AND THE CONVERSION OF THE DISUSED PARKING LOT IN LYTLE CREEK PARK TO A SOCCER FIELD; AND INCREASE THE TOTAL FUNDS ALLOTTED FOR THE SMALL BUSINESS AND NON-PROFIT ASSISTANCE GRANT PROGRAM FROM $4,000,000 TO $5,000,000, WITH $1,000,000 BEING ALLOCATED TO AN EDUCATIONAL RESOURCE CENTER [UNANIMOUS] MOVER: Damon L Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 7. Ordinance Restricting the Duration of Interim or Acting Director Positions (All Wards) Recommendation Introduce, read by title only, and waive further reading of Ordinance MC-1572 of the Mayor and City Council of the City of San Bernardino, California, adding Section 2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Code restricting the duration of Interim or Interim Director positions to six months. Council Member Reynoso made a motion to approve the item. The motion was seconded by Council Member Calvin. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/30/2022 Council Member Sanchez introduced a substitute motion to reject the item, which was seconded by Council Member Shorett. Council Member Ibarra made an alternate substitute motion to reduce the duration of positions from six months to three months. There was no second to the motion. The vote was then taken for Council Member Sanchez’ substitute motion. RESULT: MOTION TO DENY THE ITEM AND NOT ADOPT ORDINANCE MC- 1572 - PASSED [4 TO 3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett NAYS: Reynoso, Calvin, Alexander 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 ITEM NOS. 15, 17, and 20 – [UNANIMOUS] MOVER: Fred Shorett, Ward 4 SECONDER: Kimberly Calvin, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 8. Final Reading of Ordinance Amending Chapter 2.82.10 of the San Bernardino Municipal Code, Adjusting the Salary for the Position of Mayor (All Wards) Recommendation Adopt Ordinance No. MC-1571 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter. RESULT: ADOPTED ORDINANCE NO. MC-1571 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 9. Final Reading of Ordinance Allowing Contract Approval by Minute Action (All Wards) Recommendation Adopt Ordinance No. MC-1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section 3.04.070 of the San Bernardino Municipal Code to permit the approval of contracts by minute action in addition to by resolution. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/30/2022 RESULT: ADOPTED ORDINANCE NO. MC-1569 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 10. 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 December 2021. RESULT: APPROVED COMMERCIAL AND PAYROLL DISBURSEMENTS FOR DECEMBER 2021 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 11. Investment Portfolio Report for November 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 November 2021. RESULT: RECEIVED AND FILED MONTHLY INVESTMENT PORTFOLIO REPORT FOR NOVEMBER 2021 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. Police Dispatch Employees Memorandum of Understanding (All Wards) Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/30/2022 Recommendation Adopt Resolution No. 2022-13 of the Mayor and City Council of the City of San Bernardino, California, approving the Police Dispatch Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule. RESULT: ADOPTED RESOLUTION NO. 2022-13 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 13. Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards) Recommendation Adopt Resolution No. 2022-23 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to Legal Services Agreement with Lawrence Beach Allen & Choi (LBAC) for representation in the United States District Court Case No. 5:20-CV- 1189-KK. RESULT: ADOPTED RESOLUTION NO. 2022-23 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 14. Accept FY 2019 Homeland Security Grant (All Wards) Recommendation Adopt Resolution No. 2022-27 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the FY2019 Homeland Security Grant Program (HSGP) funds and increasing the FY2021/2022 Adopted Budget revenue and expenditures by $38,247. RESULT: ADOPTED RESOLUTION NO. 2022-27 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 15. Amendment No. 4 to Agreement with Engineering Resources of Southern California (Ward 6) Recommendation Adopt Resolution No. 2022-15 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 4 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the 40th Street widening from Johnson Street to Electric Avenue; and authorizing the City Manager, or designee, to execute all documents in Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/30/2022 support of the amendment. Interim Public Works Director Alex Qishta clarified that this item impacts Ward 4, not Ward 6 as stated. Council Member Reynoso pulled this item for discussion. He asked why the project has taken so long. Mr. Qishta confirmed that there has only been a time extension due to property acquisition and imminent domain procedures; there has not been an increase in cost. RESULT: ADOPTED RESOLUTION NO. 2022-15 [6 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSTAIN: Reynoso 16. Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Wards) Recommendation Adopt Resolution No. 2022-16 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. RESULT: ADOPTED RESOLUTION NO. 2022-16 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 17. Amendment No. 1 to Agreement with Advanced Applied Engineering, Inc., DBA Infrastructure Engineers (All Wards) Recommendation Adopt Resolution No. 2022-17 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. Council Member Reynoso pulled this item for discussion. He asked Mr. Qishta what services this company provides to the City. Mr. Qishta confirmed that they perform inspection services for various special Public Works projects. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 12 Printed 3/30/2022 RESULT: ADOPTED [6 TO 0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander AWAY: Sandra Ibarra 18. First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) Recommendation Adopt Resolution No. 2022-18 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the First Amendment to the Professional Services Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Capital Improvement Plan (CIP) Project; 2. Approving the appropriation of funds in the amount of $6,120 from the Measure I Fund to Pepper Avenue Rehabilitation CIP Project; and 3. Approving an increase to Purchase Order No. 2021-792 in the amount of $6,120 for a total amount of $241,031. RESULT: ADOPTED RESOLUTION NO. 2022-18 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 19. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 13, Tax Zone No. 14 (Magic Wash) (Ward 3) Recommendation Adopt Resolution No. 2022-22 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. 13) and authorizing the levy of a special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2022-22 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 20. Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards) Recommendation Adopt Resolution No. 2022-19 of the Mayor and City Council of the City of San Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 13 Printed 3/30/2022 Bernardino, California: 1. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project; 2. Approving the award of a Construction Contract with All American Asphalt, Inc., in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1); 3. Authorizing project construction, construction contingencies and inspection costs in the total amount of $5,500,000 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-22-001); and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Council Member Sanchez recused himself from this item because he lives near one of the projects. RESULT: ADOPTED RESOLUTION 2022-19 [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Council Member, Ward 6 AYES: Figueroa, Shorett, Reynoso, Calvin, Alexander AWAY: Sandra Ibarra RECUSED: Theodore Sanchez 21. Irrevocable Agreement to Annexation No. 2022-368 (Ward 6) Recommendation Adopt Resolution No. 2022-20 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 19472 Cajon Boulevard (APN 0262-021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED RESOLUTION 2022-20 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 22. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 11, Tax Zone No. 12 (1435 W. (Ward 3) Recommendation Adopt Resolution No. 2022-21 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, Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 14 Printed 3/30/2022 adopting a map of the area to be proposed (Annexation No. 11) and authorizing the levy of a special taxes therein. RESULT: ADOPTED RESOLUTION 2022-21 [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 23. Contract with Placeworks, Separate from the General Plan, to Complete the Restricted Truck Routes Within a One-Year Time Frame. (All Wards) (Council Member Reynoso) RESULT: APPROVED TO BRING BACK FOR FUTURE CONSIDERATION, CONTRACT WITH PLACEWORKS, SEPARATE FROM THE GENERAL PLAN, TO COMPLETE THE RESTRICTED TRUCK ROUTES WITHIN A ONE-YEAR TIME FRAME MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Sanchez AWAY: Ibarra ADJOURNMENT The meeting of the Mayor and City Council adjourned at 9:54 PM on Wednesday, February 2, 2022. 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, February 16, 2022 in the Council Chamber located at the Feldheym Central Library, 555 W. 6th St., San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC