HomeMy WebLinkAbout10-05-2022 AgendaMayor and City Council of the City of San Bernardino Page 1
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, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, OCTOBER 05, 2022
7:00 PM OPEN SESSION – CLOSED SESSION TO FOLLOW AFTER REGULAR MEETING
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia
Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Robert D. Field
COUNCIL MEMBER, 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.
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
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Current Year 2022 > Meeting Date
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Mayor ProTem, 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
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CITY MANAGER UPDATE
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
PRESENTATIONS
1. Citizen of the Month, C & F Boxing (September 2022) p. 13
2. Citizen of the Month – Harry Hatch (September 2022) p. 15
3. Festival: Where our Cultures Connect! p. 17
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
APPOINTMENTS
4. Charter Review Committee Appointment (Ward 6) p. 32
5. Planning Commission Appointment (Ward 3) p. 42
DISCUSSION
6. Adopt Ordinance No. MC1592 (Alcoholic Beverage Sales Locational
Restrictions) (All Wards) p. 51
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC1592 approving Development Code Amendment 2204 amending Section 19.06.030(2)(B) Article II Section III(A)(I) (Alcohol Beverage Sales – Locational Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D) (E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for new alcoholic beverage sales activities from sensitive land uses (Attachment 1).
Mayor and City Council of the City of San Bernardino Page 3
7. Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code p. 64
Recommendation:
Read by title only, waive further reading, and introduce Ordinance No. MC1596 of the
Mayor and City Council of the City of San Bernardino, California, amending Chapter
9.90 of the San Bernardino Municipal Code, granting citation authority to security
guard personnel for violations of the San Bernardino Municipal Code on City property.
PUBLIC HEARING
8. Appeal 2202 for Development Permit TypeP 2008 (Ward 4) p. 69
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022206 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 2202, thereby upholding the Planning Commission’s finding the project categorically exempt under the California Environmental Quality Act and approval of Development Permit TypeP 2008 allowing the development and establishment of a twentyseven (27) unit multifamily residential complex on a parcel containing approximately 2.38 acres, located on the west side of
N. Sterling Avenue (APN: 027237259), between E. Marshall Boulevard and E. Lynwood Drive within the Residential Medium (RM) zone (Attachment 1).
9. Public Hearing on Proceedings to Form Proposed Community Facilities
District No. 20221 (Highland/Medical) p. 241
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1) Adopt Resolution No. 2022216 of the Mayor and City Council of the City of San Bernardino, California, Establishing Community Facilities District No. 20221 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding Agreement;
2) Adopt Resolution No. 2022217 of the Mayor and City Council of the City of San Bernardino, California, Determining the Necessity to Incur a Bonded Indebtedness for Community Facilities District No. 20221 (Highland/Medical), Submitting to the Qualified Electors of the Community Facilities District a Proposition to Authorize the Levy of a Special Tax Therein, to Authorize such Community Facilities District to Incur a Bonded Indebtedness Secured by the Levy of a Special Tax Therein to Finance Certain Types of Public Facilities and to Establish an Appropriations Limit for such Community Facilities District and Calling a Special Election for the Community Facilities District on a Proposition for Incurring such Bonded Indebtedness;
3) Adopt Resolution No. 2022218 of the Mayor and City Council of the City of San Bernardino, California Calling a Special Election and Submitting to the Voters of Community Facilities District No. 20221 (Highland/Medical) of the City of San Bernardino Propositions Regarding the Annual Levy of Special Taxes within the Community Facilities District to Pay Principal of and Interest on Bonds Thereof and to Pay the Costs of Public Facilities and Establishing an Appropriations Limit Therefore;
4) Adopt Resolution No. 2022219 of the Mayor and City Council of the City of San Bernardino, California Declaring the Results of the Consolidated Special Elections within Community Facilities District No. 20221 (Highland/Medical); and
5) Introduce, read by title only and waive further reading of Ordinance No. MC1599 of the Mayor and City Council of the City of San Bernardino, California, Acting as the Legislative Body of Community Facilities District No. 20221 (Highland/Medical), Authorizing the Levy of Special Taxes in such Community Facilities District.
Mayor and City Council of the City of San Bernardino Page 4
10. Public Hearing on Proceedings to Form Proposed Community Facilities District
No. 20222 (Palm) p.377
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Adopt Resolution No. 2022212 of the Mayor and City Council of the City of San
Bernardino, California, Establishing Community Facilities District No. 20222 (Palm)
of the City of San Bernardino, County of San Bernardino, State of California, and the
boundaries thereof and approving a Funding Agreement;
2) Adopt Resolution No. 2022213 of the Mayor and City Council of the City of San
Bernardino, California, Determining the Necessity to Incur a Bonded Indebtedness for
Community Facilities District No. 20222 (Palm), Submitting to the Qualified Electors
of the Community Facilities District a Proposition to Authorize the Levy of a Special
Tax Therein, to Authorize such Community Facilities District to Incur a Bonded
Indebtedness Secured by the Levy of a Special Tax Therein to Finance Certain Types
of Public Facilities and to Establish an Appropriations Limit for such Community
Facilities District and Calling a Special Election for the Community Facilities District
on a Proposition for Incurring such Bonded Indebtedness;
3) Adopt Resolution No. 2022214 of the Mayor and City Council of the City of San
Bernardino, California Calling a Special Election and Submitting to the Voters of
Community Facilities District No. 20222 (Palm) of the City of San Bernardino
Propositions Regarding the Annual Levy of Special Taxes within the Community
Facilities District to Pay Principal of and Interest on Bonds Thereof and to Pay the
Costs of Public Facilities and Establishing an Appropriations Limit Therefore;
4) Adopt Resolution No. 2022215 of the Mayor and City Council of the City of San
Bernardino, California Declaring the Results of the Consolidated Special Elections
within Community Facilities District No. 20222 (Palm); and
5) Introduce, read by title only and waive further reading of Ordinance No. MC1598 of
the Mayor and City Council of the City of San Bernardino, California, Acting as the
Legislative Body of Community Facilities District No. 20222 (Palm), Authorizing the
Levy of Special Taxes in such Community Facilities District.
11. Ordinance Adjusting the Salary and Benefits for the Position of City Council
Member p. 513
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider the information provided for adjusting the salary and benefits for the position of City Council Member, provide direction for modification, adopt the recommendation from the Elected Official Compensation Committee as presented, or receive and file; and
2. If decided by the Mayor and City Council: introduce, read by title only, and waive further reading of Ordinance No. MC1595 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.020 of the San Bernardino Municipal Code to adjust the salary and benefits of the City Council Members as recommended by the Elected Official Compensation Advisory Commission.
Mayor and City Council of the City of San Bernardino Page 5
12. Public Hearing on Annexation No. 24 to Community Facilities District 20191
(Ward 6) p. 524
Recommendation:
The Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2022207 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 24); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2022208 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No. 20191
(Maintenance Services) (Annexation No. 24); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1597 of the
Mayor and City Council of the City of San Bernardino, California, amending Ordinance
No. MC1522 and levying special taxes to be collected during Fiscal Year 20222023 to pay
annual costs of the maintenance and servicing of landscaping, lighting, water quality
improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund
for capital replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 20191 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC1597 for October 19, 2022.
CONSENT CALENDAR
13. Purchase Authorization and Multiple Year Contract with HLP, Inc. for Animal Shelter
Software Services p. 580
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a Professional Services Agreement with HLP Inc., for animal shelter software services from July 1, 2022 through June 30, 2025; and
2. Authorize the Agency Director of Administrative Services to issue a purchase order to HLP Inc., in an amount not to exceed $150,000 over the threeyear period of the contract.
14. 2023 National League of Cities Congressional City Conference Travel Approval (All
Wards) p. 615
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
preapprove travel to the 2023 National League of Cities Congressional City Conference for
the Mayor and City Council.
15. Technical Corrections to Previously Adopted Items: 1) Resolution No. 2022 203
authorizing the City Manager to receive and administer California Board of State &
community corrections grant award of $3.8 million, authorizing the City Manager
to execute a fourth amendment to an agreement with HOPE Culture, and
authorizing the Agency Director of Administrative Services to amend the FY
2022/2023 adopted budget revenue and expenditures by
$3,800,000.00 (All Wards) p. 634
Mayor and City Council of the City of San Bernardino Page 6
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California reaffirm their previous action of: Adopting Resolution No. 2022203 authorizing the City Manager to receive and administer California Board of State & community corrections grant award of $3.8 million, authorizing the City Manager to execute a fourth amendment to an agreement with HOPE Culture, and authorizing the Agency Director of Administrative Services to amend the FY 2022/2023 adopted budget revenue and expenditures by
$3,800,000.00.
16. Imposing Liens On Certain Real Property to Recover Costs for Code
Enforcement Abatements p. 640
Recommendation:
Adopt Resolution No. 2022209 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City of San
Bernardino for cost recovery of public nuisance abatements.
17. Settlement and Release Agreement with Montecito Equities, Ltd. p. 647
Recommendation:
Authorize the City Manager, or his designee, to execute the Settlement and Release Agreement with Montecito Equities, Ltd.
18. Approval of Commercial and Payroll Disbursements (All Wards) p. 659
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for September 2022.
19. Investment Portfolio Report for July 2022 (All Wards) p. 717
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 July 2022.
20. Execute Annual Professional Service Agreements with Solutions Simplified, NPA
Computers, ATEL Communications and a twoyear agreement with NeoGov
(All Wards) p. 729
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, execute Annual Professional Services Agreements for software and hardware usage fees between the City of San Bernardino and Solutions Simplified for DocuSign Software Services, NAP Computers, ATEL Communications, and the two year renewal service agreement with Governmentjobs.com, Inc., DBA NeoGov for approximately $217,000.
21. Ratify and Approve the Enterprise Agreement with Earth Science Research
Institute, Inc. p. 797
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, ratify and approve the Enterprise Agreement with Earth Science Research
Institute, Inc. (ESRI) to reflect the correct threeyear commitment terms for the total
amount not to exceed $430,299.
Mayor and City Council of the City of San Bernardino Page 7
22. Side Letter Agreement Between the City of San Bernardino and the San Bernardino
Police Officers Association p. 809
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2022211 approving a Side Letter Agreement to the Memorandum of
Understanding between the City of San Bernardino and the San Bernardino Police Officers
Association (SBPOA), amending Article III, Section 3 – Overtime.
23. Amendment No.1 to Agreement with Ingram Library Services, LLC. p. 817
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize the Library Director to execute Amendment No. 1 to the agreement between San
Bernardino Public Library (SBPL) and Ingram Library Services, LLC, for the purchase of
library books and authorize the Agency Director of Administrative Services to approve an
annual purchase order for an amount not to exceed $85,000.
24. Adoption of Ordinance No. MC1594, CFD 20191 – Annexation No. 22 (Ward 7) p. 837
Recommendation:
Adopt Ordinance No. MC1594 of Mayor and City Council of the City of San
Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be
collected during Fiscal Year 20222023 to pay the annual costs of the maintenance
and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street
sweeping, parks and trail maintenance, a reserve fund for capital replacement, and
administrative expenses with respect to City of San Bernardino Community Facilities
District No. 20191 (Maintenance Services).
25. Amendment No. 2 to Consultant Services Agreement with Paragon Partners
Consultants, Inc. for H Street Widening Project p. 847
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute all documents in support of Amendment
No. 2 to the Consultant Services Agreement with Paragon Partners Consultants, Inc. to
extend the contract term from June 30, 2022, to December 31, 2023, for the H Street
Widening between 40th Street and Kendall Drive Project.
26. Resolution Declaring Intent to Annex Territory: Community Facilities District No.
20191 (Maintenance Services): Annexation No. 27, Tax Zone No. 28 (SB Drake LLC)
(Ward 3) p. 881
Recommendation:
Adopt Resolution No. 2022210, of the Mayor and City Council of San Bernardino,
California, declaring its intention to annex territory into Community Facilities District No.
20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 27) and authorizing the levy of special taxes therein.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
27. Mechanisms for Revenue Generation from ForProfit Events in the City (All Wards) –
Council Member Sanchez p. 919
Mayor and City Council of the City of San Bernardino Page 8
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p. 920
A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
Agency Designated Representative: City Manager
Employee Organization: San Bernardino Police Management Association
B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Carousel Mall Property, 43 acres Agency Negotiator: Robert D. Field, City Manager, or designee
Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group); Lincoln Group
Under Negotiation: Price and Terms
CLOSED SESSION REPORT
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 19, 2022, at the Feldheym Central Library 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 October 05, 2022 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
Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the
City's website sbcity.org on Friday, September 30, 2022.
I declare under the penalty of perjury that the foregoing is true and correct.
Mayor and City Council of the City of San Bernardino Page 9
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 threeminute 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.
Mayor and City Council of the City of San Bernardino Page 10
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 council 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 9093845002 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 cutoff 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://tinyurl.com/mccpubliccomments
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) 9006833. When prompted, enter the Meeting ID: 6778459453
Passcode:2021
The public may begin joining the meeting on Zoom or by callingin 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.
b) Join the Meeting by clicking on the Zoom link below:
https://sbcityorg.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhvaXQxZz09
Mayor and City Council of the City of San Bernardino Page 11
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: 6778459453
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 prompted by staff when the item is being
discussed.
Printed on 09/30/2022
Mayor and City Council of the City of San Bernardino Page 12
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