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HomeMy WebLinkAboutAnnotated Agenda 04-07-2021CITY OF SAN BERNARDINO ANNOTATED 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, APRIL 7, 2021 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION WEB-CONFERENCE • VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG IMPORTANT COVID-19 NOTICE IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF COVID-19 (CORONAVIRUS) AND TO ENABLE APPROPRIATE SOCIAL DISTANCING, THE MAYOR & CITY COUNCIL MEETING WILL NOT BE OPEN TO PUBLIC ATTENDANCE. THE CITY OF SAN BERNARDINO ENCOURAGES THE PUBLIC TO VIEW THIS MAYOR & CITY COUNCIL MEETING ON TELEVISION OR ONLINE. THE MEETING IS BROADCAST LIVE ON TIME WARNER CHANNEL 3 OR CHARTER SPECTRUM CHANNEL 3 AND LIVE STREAMED ONLINE AT http://sbcity.tiny.us/mcc04072021 MEMBERS OF THE PUBLIC WHO WISH TO COMMENT ON MATTERS BEFORE THE MAYOR & CITY COUNCIL MAY PARTICIPATE IN THE FOLLOWING WAYS: (1) COMMENTS AND CONTACT INFORMATION CAN BE EMAILED TO publiccomments@SBCity.Org BY 4:00 P.M. THE DAY OF THE SCHEDULED MEETING TO BE INCLUDED IN THE WRITTEN RECORD****; (2) CALLING 909-384-5208, LEAVING A RECORDED MESSAGE, BY 4:00 P.M. THE DAY OF THE SCHEDULED MEETING, NOT TO EXCEED THREE MINUTES, WHICH WILL THEN BE PLAYED DURING THE PUBLIC COMMENT SECTION OF THE AGENDA (3) IF YOU WISH TO MAKE A COMMENT DURING THE PUBLIC HEARING A REQUEST TO SPEAK CAN BE EMAILED TO publiccomments@SBCity.Org AND AT THE TIME OF THE REQUESTED AGENDA ITEM, THE CITY CLERK WILL PLACE A PHONE CALL TO THE COMMENTER AND ALLOW THEM TO SPEAK TO THE MAYOR & COUNCIL VIA SPEAKER PHONE DURING THE LIVE MEETING FOR UP TO THREE MINUTES. PLEASE INDICATE ON WHICH ITEM YOU WISH TO SPEAK AND INCLUDE YOUR NAME & PHONE NUMBER. ***ITEMS THAT ARE SUBMITTED TO BE PART OF THE MEETING RECORD CAN BE FOUND USING THE LINK BELOW – SELECT THE CURRENT YEAR AND MEETING DATE. IF YOU HAVE ANY QUESTIONS PLEASE CALL THE CITY CLERK’S OFFICE AT 909-384-5002. https://edocs.sbcity.org/WebLink/Browse.aspx?id=4120202&dbid=0&repo=SB Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/9/2021 Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, W ARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, W ARD 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 contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk’s Office or may be accessed online by going to www.sbcity.org. CALL TO ORDER The Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:32 PM by Mayor John Valdivia on Wednesday, April 7, 2021, via Web-Conference. Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Mayor Pro-Tem, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L. Alexander Council Member, Ward 7 Present 5:39 p.m. John Valdivia Mayor Present Genoveva Rocha City Clerk Present Sonia Carvalho City Attorney Present Robert D. Field City Manager Present Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/9/2021 5:30 P.M. The closed session meeting was called to order at 5:32 p.m. CLOSED SESSION PUBLIC COMMENT There were no public comments submitted for the Closed Session Meeting of the Mayor and City Council. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS Pursuant to Government Code Section 54957 (Discussion of evaluation procedures and preparation for annual evaluation of Mayor and Council appointees) Title: City Manager Title: City Attorney Title: City Clerk B. POTENTIAL THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code Section 54957 Consultation with Chief of Police 7:00 P.M. Mayor Valdivia called the regular meeting to order at 7:04 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia asked Council Member Shorett to lead the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City attorney Carvalho reported that there is no reportable action. CITY MANAGER UPDATE City Manager Field commented on the reopening of public facilities and the City’s public counter, various events in the City, illegal firework activities, and commented on the grant that the Water Department received to install smart meters and water conservation measures. APPOINTMENTS 1. General Plan Advisory Committee Appointment (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Angela M. Torres to the General Plan Advisory Committee representing Ward 3 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/9/2021 2. Parks, Recreation and Community Services Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Micah E. Lee to the Parks, Recreation and Community Services Commission representing Ward 6. Mr. Lee will replace Charlè Jacobs with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 3. General Plan Advisory Committee Appointment (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Anthony R. Aguirre to the General Plan Advisory Committee representing Ward 3 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 4. Measure S Citizens Oversight Committee Appointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Anthony J. Roberson to the Measure S Citizens Oversight Committee representing Ward 5. Mr. Roberson will replace Eric Roark with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 5. Measure S Citizens Oversight Committee Reappointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Bronica L. Martindale to the Measure S Citizens Oversight Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 6. Charter Review Commission Reappointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Vicki Lee to the Charter Review Commission representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Mayor Pro Tem Ibarra asked if City Council can vote separately on Appointment Item No. 2. MOTION BY COUNCIL MEMBER FIGUEROA, SECONDED BY COUNCIL MEMBER REYNOSO, to approve the appointments listed in Item Nos. 1, 3, 4, 5, and 6. Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/9/2021 RESULT: APPROVED THE APPOINTMENTS OF MS. ANGELA M. TORRES, MR. ANTHONY R. AGUIRRE, MR. ANTHONY J. ROBERSON, MS. BRONICA L. MARTINDALE, AND MS. VICKI LEE, CARRIED 7-0 – Passed Unanimously MOVER: Juan Figueroa, Ward 3 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Mayor Pro Tem Ibarra voiced concerns that Mr. Micah E. Lee does not reside in the sixth ward. Council Member Reynoso spoke on Mr. Lee’s character, stating that his experience with Parks and Recreation is not contingent on where he lives. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER REYNOSO, to approve the appointment. RESULT: APPROVED THE APPOINTMENT OF MR. MICAH E. LEE TO THE PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION, CARRIED (6-1) MOVER: Theodore Sanchez, Ward 1 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra PRESENTATIONS 7. Proclamation for National Library Week - April 4-10, 2021 Mayor Valdivia proclaimed the week of April 4-10, 2021 as National Library Week. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, the voice recorded public comments were played by the City Clerk for the Mayor and City Council Members. STAFF REPORTS 8. Animal Services Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file a staff report on the status of improvements to the Animal Shelter; Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/9/2021 2. Adopt Resolution No. 2021-87, accepting a grant award in the amount of $1,500,000 from the San Manuel Band of Mission Indians for Animal Shelter Programs and Services allocated over a three year period (FY 2020/21 through FY 2022/23) and delegating authority to the City Manager to conduct all negotiations and sign and submit all necessary documents to receive the grant award; and 3. Authorize the Director of Finance to amend the FY 2020/21 Budget to appropriate $500,000 of the grant funding for animal shelter programs and services; and 4. Authorize the Director of Finance to amend the FY 2020/21 budget to transfer $31,160 from the Animal Services Fund (account 124 230 0001 5704) to Public Works Facilities and Maintenance Operations budget for the emergency removal and replacement of the modular trailer required to mitigate an immediate risk to the health and safety of City employees. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER FIGUEROA, to approve staff recommendations. RESULT: RECEIVED AND FILED A STAFF REPORT ON THE STATUS OF IMPROVEMENTS TO THE ANIMAL SHELTER, ADOPTED RESOLUTION NO. 2021-87, AUTHORIZED THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 BUDGET TO APPROPRIATE $500,000 OF THE GRANT FUNDING FOR ANIMAL SHELTER PROGRAMS AND SERVICES AND $31,160 FROM THE ANIMAL SERVICES FUND TO PUBLIC WORKS FACILITIES AND MAINTENANCE OPERATIONS BUDGET, CARRIED 7-0 – Passed Unanimously MOVER: Ben Reynoso, Ward 5 SECONDER: Juan Figueroa, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 9. Administrative Policies (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the following proposed administrative policies and provide direction for modifications or adopt the resolutions as presented: 1. Use of the City Seal (Resolution No.2021-67); and 2. Procedure for Elected Officials to Place Items on the City Council Agenda (Resolution No.2021-68); and 3. Elected Officials’ Interaction with City Staff and Involvement in Administrative Affairs (Resolution No. 2021-69). MOTION BY COUNCIL MEMBER REYNOSO to approve with the exclusion of Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/9/2021 Letter D in Item No. 3. There was no second. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to continue with staff recommendations and approve items 2 and 3 as stated. SUBSTITUTE MOTION BY MAYOR PRO TEM IBARRA, SECONDED BY COUNCIL MEMBER ALEXANDER, to vote for items 1, 2 and 3 separately. MOTION BY COUNCIL MEMBER ALEXANDER, SECONDED BY COUNCIL MEMBER REYNOSO, to approve staff recommendation for Item No. 1. (Council Members Sanchez, Figueroa, Shorett and Calvin voting in opposition) RESULT: RESOLUTION NO. 2021-67, POLICY REGARDING USE OF THE CITY SEAL, WAS NOT APPROVED MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation for Item No. 2. RESULT: APPROVED THE PROCEDURE FOR ELECTED OFFICIALS TO PLACE ITEMS ON THE CITY COUNCIL AGENDA (RESOLUTION NO.2021-68), CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation for Item No. 3. RESULT: APPROVED ELECTED OFFICIALS’ INTERACTION WITH CITY STAFF AND INVOLVEMENT IN ADMINISTRATIVE AFFAIRS (RESOLUTION NO. 2021-69), CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 10. Amendment to the 2021 Legislative and Regulatory Platform (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve an amendment to the 2021 Legislative and Regulatory Platform to include access to higher education. Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/9/2021 MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation. RESULT: APPROVED AN AMENDMENT TO THE 2021 LEGISLATIVE AND REGULATORY PLATFORM TO INCLUDE ACCESS TO HIGHER EDUCATION, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 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. Council Member Sanchez pulled Item No. 30. Council Member Reynoso pulled Item Nos. 22 and 28. Mayor Valdivia pulled Item No. 12. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve the Consent Calendar and pull item Nos. 12, 22, 28, and 30. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NOS. 12, 22, 28, and 30, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 11. Approval of the Mayor and City Council Meeting Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the February 17, 2021, Regular Meeting of the Mayor and City Council. RESULT: APPROVED THE MEETING MINUTES FOR THE FEBRUARY 17, 2021, REGULAR MEETING OF THE MAYOR AND CITY COUNCIL, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 4/9/2021 12. Electoral Redistricting Advisory Committee Recommendation Adopt Resolution No. 2021-70 of the Mayor and City Council of the City of San Bernardino, California, establishing the Electoral Redistricting Advisory Committee. Mayor Valdivia pulled Item No. 12 for discussion. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-70 ESTABLISHING THE ELECTORAL REDISTRICTING ADVISORY COMMITTEE, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 13. Third Amendment to Neighborhood Stabilization Program Developer Master Agreement (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Adopt Resolution No. 2021-71 approving the Third Amendment to Neighborhood Stabilization Program Developer Master Agreement and Exclusive Negotiation Agreement with Mary Erickson Community Housing, a Non Profit Corporation, and Authorizing the City Manager or Designee to take any further actions and execute additional documents as necessary to effectuate the agreements. RESULT: ADOPTED RESOLUTION NO. 2021-71 APPROVING THE THIRD AMENDMENT TO NEIGHBORHOOD STABILIZATION PROGRAM DEVELOPER MASTER AGREEMENT AND EXCLUSIVE NEGOTIATION AGREEMENT WITH MARY ERICKSON COMMUNITY HOUSING, A NON PROFIT CORPORATION, AND AUTHORIZED THE CITY MANAGER OR DESIGNEE TO TAKE ANY FURTHER ACTIONS AND EXECUTE ADDITIONAL DOCUMENTS AS NECESSARY TO EFFECTUATE THE AGREEMENTS, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 4/9/2021 14. Development Code Amendment (Zoning Map Amendment) 20-03 and Specific Plan Amendment 20-01 (The Landing by San Manuel) - Second Reading Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept the final reading and adopt Ordinance No. MC-1557 adopting Development Code Amendment (Zoning Map Amendment) 20-03 and Specific Plan Amendment 20-01 changing the Zoning District Classification from Public Facilities (PF) to Specific Plan - Alliance California (SP-AC) Third Street Land Use District of a parcel (APN: 0136-371-33) containing approximately 12.89 acres, pursuant to a certified Final Environmental Impact Report (California State Clearinghouse Schedule No. 2020100067). RESULT: ADOPTED ORDINANCE NO. MC-1557 ADOPTING DEVELOPMENT CODE AMENDMENT 20-03 AND SPECIFIC PLAN AMENDMENT 20-01 CHANGING THE ZONING DISTRICT CLASSIFICATION FROM PUBLIC FACILITIES TO SPECIFIC PLAN - ALLIANCE CALIFORNIA THIRD STREET LAND USE DISTRICT OF A PARCEL (APN: 0136-371-33) CONTAINING APPROXIMATELY 12.89 ACRES, PURSUANT TO A CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (CALIFORNIA STATE CLEARINGHOUSE SCHEDULE NO. 2020100067), CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 15. Code Amendment - Downtown Advisory Committee Final Reading (Wards 1 & 3) Recommendation Accept the final reading and adopt Ordinance MC-1552 of the Mayor and City Council of the City of San Bernardino, California, adopting a Code Amendment to Section 2.17.040 related to Appointment-Registered voters requirement- Compensation-Oath, with the amendments identified by the Mayor and City Council incorporated. Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 4/9/2021 RESULT: ADOPTED ORDINANCE NO. MC-1552 ADOPTING A CODE AMENDMENT TO SECTION 2.17.040 RELATED TO APPOINTMENT-REGISTERED VOTERS REQUIREMENT- COMPENSATION-OATH, WITH THE AMENDMENTS IDENTIFIED BY THE MAYOR AND CITY COUNCIL INCORPORATED, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 16. Professional Services Agreement for Grant Financial Management Services with Annie Clark (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-72 authorizing the execution of a two-year Professional Services Agreement for grant financial management consultant services between the City of San Bernardino and Annie Clark, in an amount not to exceed $182,400; and 2. Authorize the City Manager or designee to take any further actions necessary to effectuate the agreement. RESULT: ADOPTED RESOLUTION NO. 2021-72 AUTHORIZING THE EXECUTION OF A TWO-YEAR PROFESSIONAL SERVICES AGREEMENT FOR GRANT FINANCIAL MANAGEMENT CONSULTANT SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND ANNIE CLARK, IN AN AMOUNT NOT TO EXCEED $182,400, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 17. Approval of Resolutions to Execute Agreements for Revenue Audit and Recovery Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-73 authorizing the execution of an agreement between the City of San Bernardino and Eide Bailly LLP for the provision of Transient Occupancy Tax (ToT)/Hotel Tax audit services; and Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 12 Printed 4/9/2021 2. Adopt Resolution No. 2021-74 authorizing the execution of an agreement between the City of San Bernardino and Davis Farr LLP for the provision of Utility Users Tax and Franchise Fee audit services; and 3. Adopt Resolution No. 2021-75 authorizing the execution of an agreement between the City of San Bernardino and Hinderliter, de Llamas & Associates for the provision of Sales Tax analysis and audit services; and 4. Adopt Resolution No. 2021-76, authorizing the examination of Transactions and Use Tax Records of the CDTFA. RESULT: ADOPTED RESOLUTION NOS. 2021-73, 2021-74, 2021-75 AND 2021-76 EXECUTING AGREEMENTS FOR REVENUE AUDIT AND RECOVERY SERVICES, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 18. Investment Portfolio Report for February 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 February 2021. RESULT: ACCEPTED AND FILED THE MONTHLY INVESTMENT PORTFOLIO REPORT FOR FEBRUARY 2021, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 19. Final Reading and Adoption of Ordinance MC-1555 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adopt Ordinance MC-1555 levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of certain public improvements and costs of administration with respect to City of San Bernardino Community Facilities District No. 2021-1 (Ferree Street). RESULT: ADOPTED ORDINANCE MC-1555 LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2020/21 TO PAY THE ANNUAL COSTS OF CERTAIN PUBLIC IMPROVEMENTS AND COSTS OF ADMINISTRATION WITH RESPECT TO CITY OF SAN Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 13 Printed 4/9/2021 BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET), CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 20. 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 March 2021. RESULT: APPROVED THE COMMERCIAL AND PAYROLL DISBURSEMENTS FOR MARCH 2021, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 21. Authorization to Issue Purchase Orders to GovConnection, Inc. for the Purchase of Workstations, Laptops and Monitors (All Wards) Recommendation Adopt Resolution No. 2021-77 of the Mayor and City Council of the City of San Bernardino, California authorizing the City Manager or designee to authorize and issue Purchase Orders to GovConnection, Inc., in an amount not to exceed $150,000.00, for the purchase of workstations, laptops and monitors as outlined in the report. RESULT: ADOPTED RESOLUTION NO. 2021-77 AUTHORIZING THE CITY MANAGER OR DESIGNEE TO AUTHORIZE AND ISSUE PURCHASE ORDERS TO GOVCONNECTION, INC., IN AN AMOUNT NOT TO EXCEED $150,000.00, FOR THE PURCHASE OF WORKSTATIONS, LAPTOPS AND MONITORS AS OUTLINED IN THE REPORT, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 22. Accept the FY 2020/21 Power Resiliency Allocation (All Wards) Recommendation Adopt Resolution No. 2021-78 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2020/21 Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 14 Printed 4/9/2021 Community Power Resiliency Allocations to Cities Program, and authorize the Director of Finance to amend the FY 2020/21 Adopted Budget appropriating $300,000 in both revenue and expenditures. Council Member Reynoso pulled Item No. 22 for discussion. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-78 AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY 2020/21 COMMUNITY POWER RESILIENCY ALLOCATIONS TO CITIES PROGRAM, AND AUTHORIZE THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 ADOPTED BUDGET APPROPRIATING $300,000 IN BOTH REVENUE AND EXPENDITURES, CARRIED 7-0 – Passed Unanimously MOVER: Ben Reynoso, Ward 5 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 23. First Amendment to Professional Services Agreement with Bio-Tox Laboratories, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-79 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to the Professional Services Agreement with Bio-Tox Laboratories, Inc. RESULT: ADOPTED RESOLUTION NO. 2021-79 AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BIO-TOX LABORATORIES, INC, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 24. Update Regarding Trespassing and Other Illegal Activities in County Flood Control Areas (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file this staff report regarding trespassing and other illegal activities in County flood control areas. Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 15 Printed 4/9/2021 RESULT: RECEIVE AND FILED THE STAFF REPORT REGARDING TRESPASSING AND OTHER ILLEGAL ACTIVITIES IN COUNTY FLOOD CONTROL AREAS, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 25. Construction Contract Award – Citywide Pavement Rehabilitation (SB1) (All Wards) Recommendation Adopt Resolution No. 2021-80 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the FY 2020/21 Capital Improvement Plan, and record a supplemental appropriation in the amount of $922,227 in SB-1 Fund No. 125-160-8769 for Citywide Pavement Rehabilitation (SB1) Project; and 2. Approving the award of a Construction Contract with Matich Corporation in the amount of $4,050,000 to provide Citywide Pavement Rehabilitation; and 3. Authorizing project construction, construction contingencies and inspections costs in the total amount of $4,622,227 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-21-001); and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 16 Printed 4/9/2021 RESULT: ADOPTED RESOLUTION NO. 2021-80 AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 CAPITAL IMPROVEMENT PLAN, AND RECORD A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $922,227 IN SB-1 FUND NO. 125-160-8769 FOR CITYWIDE PAVEMENT REHABILITATION (SB1) PROJECT; APPROVED THE AWARD OF A CONSTRUCTION CONTRACT WITH MATICH CORPORATION IN THE AMOUNT OF $4,050,000 TO PROVIDE CITYWIDE PAVEMENT REHABILITATION; AUTHORIZED PROJECT CONSTRUCTION, CONSTRUCTION CONTINGENCIES AND INSPECTIONS COSTS IN THE TOTAL AMOUNT OF $4,622,227 FOR CITYWIDE PAVEMENT REHABILITATION (SB1) PROJECT (CIP SS-21-001); AND AUTHORIZED THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 26. Stop Sign Installation at Various Locations (Wards 5, 7) Recommendation Adopt Resolution No. 2021-81 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way stop control at the intersections of 28th Street and Sierra Way (4-way) and State Street and Sheridan Road (4-way). RESULT: ADOPTED RESOLUTION NO. 2021-81 AMENDING RESOLUTION NO. 655 ENTITLED, IN PART, “A RESOLUTION… DESIGNATING CERTAIN STREETS OR PORTIONS THEREOF AS THROUGH HIGHWAYS…” AND AUTHORIZING THE ESTABLISHMENT OF AN ALL-WAY STOP CONTROL AT THE INTERSECTIONS OF 28TH STREET AND SIERRA WAY (4-WAY) AND STATE STREET AND SHERIDAN ROAD (4-WAY), CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 27. Construction Contract Award – Citywide Pavement Rehabilitation (Slurry / Crack Seal) (Ward 3) Recommendation Adopt Resolution No. 2021-82 of the Mayor and City Council of the City of San Bernardino, California: Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 17 Printed 4/9/2021 1. Authorizing the Director of Finance to amend the FY 2020/21 Capital Improvement Plan (CIP), recording a supplemental appropriation in the amount of $209,650 in Measure I Fund No. 129-160-7306 for CIP Project SS-D - Citywide Pavement Rehabilitation Slurry/Crack Seal (“Project”); and 2. Approving the award of a Construction Contract with All American Asphalt of Corona, California in the amount of $549,395 to provide Citywide slurry and crack seal repairs; and 3. Authorizing project construction, construction contingencies and inspections costs in the total amount of $631,860 for the Project; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. RESULT: ADOPTED RESOLUTION NO. 2021-82 AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 CAPITAL IMPROVEMENT PLAN (CIP), RECORDING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $209,650 IN MEASURE I FUND NO. 129-160-7306 FOR CIP PROJECT SS-D - CITYWIDE PAVEMENT REHABILITATION SLURRY/CRACK SEAL; APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT OF CORONA, CALIFORNIA IN THE AMOUNT OF $549,395 TO PROVIDE CITYWIDE SLURRY AND CRACK SEAL REPAIRS; APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT OF CORONA, CALIFORNIA IN THE AMOUNT OF $549,395 TO PROVIDE CITYWIDE SLURRY AND CRACK SEAL REPAIRS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 28. First Amendment to Consultant Services Agreement with Paragon Partners, Ltd. (Wards 4) Recommendation Adopt Resolution No. 2021-83 of the Mayor and City Council of the City of San Bernardino, California approving the First Amendment to Consultant Services Agreement ("First Amendment") with Paragon Partners, Ltd., extending the contract term through June 30, 2022, for right-of-way acquisition services related to H Street widening project between 40th Street and Kendall Drive ("Project"). Council Member Reynoso pulled Item No. 28 for discussion. Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 18 Printed 4/9/2021 MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER REYNOSO, to approve staff recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-83 APPROVING THE FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH PARAGON PARTNERS, LTD., EXTENDING THE CONTRACT TERM THROUGH JUNE 30, 2022, FOR RIGHT-OF-WAY ACQUISITION SERVICES RELATED TO H STREET WIDENING PROJECT BETWEEN 40TH STREET AND KENDALL DRIVE, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 29. Public Works Equipment Purchases (All Wards) Recommendation Adopt Resolution No. 2021-84 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of the following Public Works equipment approved for funding through the FY 2020/21 Mid-Year Budget Report: 1. One new Caterpillar Model 262D3 Skid Steer Loader with grinder attachment from Quinn Company in the amount of $74,000; and 2. One new Envirosight Rovver X Pipeline Inspection System from Haaker Equipment Company in the amount of $97,977.13; and 3. One new FORD Super Duty F-550 with aerial Versa-lift from National Auto Fleet Group in the amount of $129,544.94. RESULT: ADOPTED RESOLUTION NO. 2021-84 AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE OF PUBLIC WORKS EQUIPMENT APPROVED FOR FUNDING THROUGH THE FY 2020/21 MID-YEAR BUDGET REPORT, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 30. Award of Nuisance Abatement Services Agreement to Cemex Corporation for Removal of Concrete Pile on N. Palm Avenue (Ward 5) Recommendation Adopt Resolution No. 2021-85 of the Mayor and City Council of the City of San Bernardino, California: Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 19 Printed 4/9/2021 1. Approving the Nuisance Abatement Services Agreement between the City of San Bernardino and Cemex Corporation of Ontario, California, dated March 31, 2021 in an amount not to exceed $1,470,000 to provide abatement services required at private property located on N. Palm Avenue, San Bernardino, California 92407; APNs: 0261-011-08-0000, 0261-011-13-0000, 0261-011-14-0000 (“Project”); and 2. Amending the FY 2020/21 operating budget to appropriate $2,000,000 from the City’s undesignated General Fund reserve to support the project to include the cost of the abatement services in the amount of $1,470,000, project contingencies in the amount of $330,000, and anticipated project water use in the amount of $200,000; and 3. Authorizing the City Manager to expend contingencies as necessary to complete the Project. Council Member Sanchez and Council Member Reynoso pulled Item No. 30 for discussion. MOTION BY COUNCIL MEMBER REYNOSO to approve staff recommendation. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to direct staff to bring back at item by resolution/ordinance/development code to allow for the developer to immediately begin crushing and burying the hazard onsite. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY MAYOR PRO TEM IBARRA, to approve staff recommendation. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to direct staff to bring back at item to modify resolution No. 2020-265 to allow for the developer to immediately begin crushing and burying the hazard onsite (Mayor Pro Tem Ibarra, Council Members Reynoso, Calvin, and Alexander opposed). RESULT: MOTION FAILED MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY MAYOR PRO TEM IBARRA, to approve staff recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-85 APPROVING THE NUISANCE ABATEMENT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CEMEX CORPORATION OF ONTARIO, CALIFORNIA, DATED MARCH 31, 2021 IN AN AMOUNT NOT TO EXCEED $1,470,000 TO PROVIDE ABATEMENT SERVICES REQUIRED AT PRIVATE PROPERTY LOCATED ON N. PALM AVENUE, SAN BERNARDINO, CALIFORNIA 92407; APNS: 0261-011-08-0000, 0261-011-13-0000, Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 20 Printed 4/9/2021 0261-011-14-0000 (“PROJECT”); AMENDING THE FY 2020/21 OPERATING BUDGET TO APPROPRIATE $2,000,000 FROM THE CITY’S UNDESIGNATED GENERAL FUND RESERVE TO SUPPORT THE PROJECT TO INCLUDE THE COST OF THE ABATEMENT SERVICES IN THE AMOUNT OF $1,470,000, PROJECT CONTINGENCIES IN THE AMOUNT OF $330,000, AND ANTICIPATED PROJECT WATER USE IN THE AMOUNT OF $200,000; AND AUTHORIZING THE CITY MANAGER TO EXPEND CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT, CARRIED (4-3) MOVER: Ben Reynoso, Ward 5 SECONDER: Sandra Ibarra, Ward 2 AYES: Ibarra, Reynoso, Calvin, Alexander NOES: Sanchez, Figueroa, Shorett 31. Resolution Declaring Glen Helen Road Property as Surplus Land Recommendation Adopt Resolution No. 2021-86 of the Mayor and City Council of the City of San Bernardino, California, declaring City-owned property located on Glen Helen Road, west of the I-215 and I-15 interchange, and parallel to the Southern Pacific Railroad, as surplus land, and direct the General Manager to comply with the requirements of the Surplus Land Act, Government Code, Section 54220 et seq., for the disposition of surplus land. RESULT: ADOPTED RESOLUTION NO. 2021-86 DECLARING CITY-OWNED PROPERTY LOCATED ON GLEN HELEN ROAD, WEST OF THE I- 215 AND I-15 INTERCHANGE, AND PARALLEL TO THE SOUTHERN PACIFIC RAILROAD, AS SURPLUS LAND, AND DIRECT THE GENERAL MANAGER TO COMPLY WITH THE REQUIREMENTS OF THE SURPLUS LAND ACT, GOVERNMENT CODE, SECTION 54220 ET SEQ., FOR THE DISPOSITION OF SURPLUS LAND, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 32. Request Full Report (Within 30 Days) on the Process to Restrict Truck Routes (Council Member Alexander) MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY MAYOR PRO TEM IBARRA, to bring back a report on the process to restrict truck routes. CARRIED 7-0 – Passed Unanimously Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 21 Printed 4/9/2021 33. Direction to Develop a Policy Regarding Appointments to Boards and Commissions (Council Member Alexander) Assistant City Manager Kramer asked for clarification on the item with the details of the request. Council Member Alexander asked for the Charter Review Committee to be activated so the City can move forward with working on the City Charter. Ms. Kramer advised that the Committee already exists and the next scheduled meeting will occur in June. Mayor Valdivia pulled the item. No action was taken since the Committee already exists. 34. Amend the Charter to Remove the Position of the Mayor as a Full-Time Elected Official (Council Member Shorett) MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER CALVIN, to bring back an item to discuss amending the Charter to remove the position of the Mayo as a full-time elected official. CARRIED 7-0 – Passed Unanimously 35. Public Comments and Comments by Council Members from the Dais at Council Meetings (Council Member Shorett) MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER SANCHEZ, to bring back an item regarding public comments, announcements by Council Members, and invocation. CARRIED 7-0 – Passed Unanimously 36. Citywide Warehouse Moratorium (Council Member Reynoso) MOTION BY MAYOR PRO TEM IBARRA, SECONDED BY COUNCIL MEMBER REYNOSO, to bring back an item for discussion on a citywide warehouse moratorium. CARRIED 5-2 (Council Members Sanchez and Shorett voting in opposition) ITEMS TO BE REFERRED TO COMMITTEE There were no items referred to the Committee. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. Regular Meeting Annotated Agenda April 7, 2021 Mayor and City Council of the City of San Bernardino Page 22 Printed 4/9/2021 ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 10:16 P.M. The Mayor and City Council will adjourn to a special meeting that will be held on Thursday, April 8, 2021 via tele-conference. Open Session will begin at 5:30 p.m.