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Home My WebLink AboutAnnotated Agenda 09-15-2021CITY 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 AUTHORITYWEDNESDAY, SEPTEMBER 15, 2021 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org REVISED 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, 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, SEPTEMBER 15, 2021 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Pro-Tem Ibarra on Wednesday, September 15, 2021, via Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived/Left Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Mayor Pro-Tem, Ward 2 Present Juan Figueroa Council Member, Ward 3 Absent Left at 7:44 PM Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Arrived at 5:34 PM Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Absent Robert D. Field 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 September 15, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 9/16/2021 CLOSED SESSION PUBLIC COMMENT At this time public comment for Closed Session was heard. CLOSED SESSION (A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957): Title: City Clerk (MCC) (B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Police Officers Association; San Bernardino Confidential-Management Association, San Bernardino Police Dispatchers Association (HR) INVOCATION AND PLEDGE OF ALLEGIANCE Pastor James Grant of Soldier for Christ Church led the invocation. Council Member Alexander led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT Mayor Pro-Tem Ibarra announced that there was no reportable action from Closed Session. CITY MANAGER UPDATE City Manager Robert Field provided citywide updates to the Mayor and City Council. MAYOR AND CITY COUNCIL UPDATES PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time the public comments were heard. Council Member Figueroa left the meeting at 7:44 p.m. due to a personal medical reason. APPOINTMENTS 1. Electoral Redistricting Advisory Committee (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Gonzalo Carrillo ("Junior") to the Electoral Redistricting Advisory Committee representing Ward 4 with the term ending when the City’s ward map, based upon the 2020 U.S. Census date, is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 9/16/2021 RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa, John Valdivia 2. General Plan Advisory Committee Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Joel S. Rothschild as a voting member to the General Plan Advisory Committee representing Ward 7 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa, John Valdivia DISCUSSION 3. Emergency Rental Assistance Program 2 - State Match (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-224 authorizing the following Emergency Rental Assistance Program actions: 1. Participation in the State Rental Assistance Program (Option ‘B’) established under the American Rescue Plan Act of 2021 (“ERA 2”) by the State Department of Housing and Community Development (“HCD” or the “State”). HCD has represented a switch to Option ‘B’ will result in an initial disbursement to the City of $6,018,454.42 emergency rental assistance funding, with the possibility of two to three times more than that amount (“State Block Grant”); 2. Authorize the City Manager to execute the required materials with HCD to effectuate Option ‘B’, including HCD’s Standard Contract (currently being prepared by the State); 3. Authorize the City Manager to execute a Second Amendment with United Way under City’s emergency purchase authority for administration of the State Block Grant for ERA 2 in a not-too-exceed amount of $600,000, or not more than 10% of the ERA 2 State Block Grant, based on the size of the State Block Grant, with the possibility of additional administration costs based on subsequent disbursements by the State; and Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 9/16/2021 4. Direct the City Council ERAP Sub-Committee to investigate the possibility of utilizing other local service providers for the City’s direct federal allocation of ERA 2 funds, for future City Council consideration. RESULT: ADOPTED [5 TO 0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander ABSTAIN: Sandra Ibarra ABSENT: Juan Figueroa 4. 2021 Legislative and Regulatory Platform Update (All Wards) Recommendation Adopt Resolution No. 2021-223 of the Mayor and City Council of the City of San Bernardino, approving an update to the 2021 Legislative and Regulatory Platform, and authorizing the City's voting delegate to vote in opposition of the resolution under consideration by the League of California Cities that would support a constitutional amendment to reallocate local sales and use tax away from cities like the City of San Bernardino. RESULT: ADOPTED [6 TO 0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa CONSENT CALENDAR 5. VENDOR SERVICES AGREEMENT HOMETOWN HEROES MILITARY BANNER PROGRAM (ALL WARDS) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-225 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and Creative Commercial Services for various services related to the City of San Bernardino Hometown Heroes Military Banner Program; and Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 9/16/2021 2. Adopt Resolution No. 2021-226 amending the Hometown Heroes Military Banner Program Policy. Council Member Alexander requested additional banner installation dates to be scheduled throughout the year. City Manager Field advised that that topic would be brought back at a future meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Damon L Alexander, Council Member, Ward 7 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 6. Authorize a Professional Services Agreement with Data Ticket, Inc. for Administrative Citation and Administrative Civil Penalty Processing Services (All Wards) Recommendation Adopt Resolution No. 2021-227 of the Mayor and City Council of the City of San Bernardino, California, authorizing City Manager to execute a Professional Services Agreement between the City of San Bernardino and Data Ticket to provide administrative citation and administrative penalty citation processing services. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 7. Subordination of a Deed of Trust in Connection with 1575 Glenview Street, San Bernardino, California (Ward 6) Recommendation Adopt Resolution No. 2021-228 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino to approve the Subordination of a Deed of Trust in connection with refinancing a Senior Mortgage related to real property located at 1575 Glenview Street, San Bernardino, California. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 9/16/2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 8. Approval of Cannabis Settlement Agreements with Shatter LLC and SBLicense 01 LLC (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2021-240: 1. Approving Settlement Agreements with Shatter, LLC (Thomas Bamber) and SB License 01, LLC (Qiang Ye) to a) resolve litigation arising from the City’s Measure “O” and voter-approved Chapter 5.10 of the San Bernardino Municipal Code concerning the licensing of cannabis business operations; b) provide for the back payment of $1,910,446.81 in cannabis business license taxes and c) provide for the withdrawal of an initiative aimed at reducing the City’s utility users tax rate which, if approved, would result in a decrease of $14 million/year in the City’s general fund revenues; 2. Authorizing the Director of Finance to amend the FY 2020/21 adopted operating budget to increase cannabis business license revenues in the amount of $1,910,446.81; and 3. Directing the City Manager to execute the settlement agreements and authorize the City Manager and the Director of Community and Economic Development to fully implement the terms of the settlement agreements. RESULT: ADOPTED [UNANIMOUS] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 9. Authorization of Software Service Agreement for Office 365 (All Wards) Recommendation Adopt Resolution No. 2021-229 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a professional software services agreement with Insight Public Sector, Inc., for the licensing of Office 365 for a 36-month term for an amount not to exceed $447,339.75; or an annual amount of $149,113.25. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 9/16/2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 10. Software Services Agreement with GovInvest, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-230 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and GovInvest Inc. for software services. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 11. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for August 2021. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 12. Resolution to Approve a Contract Amendment with DTA Recommendation Adopt Resolution No. 2021-231 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an amendment to the Professional Services Agreement between the City of San Bernardino and David Taussig & Associates Inc., (DBA “DTA”) for Enhanced Infrastructure Financing District (EIFD) related professional services. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 9/16/2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 13. Reclassification of Budget Officer to Budget Division Manager (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-232, authorizing the reclassification of the Budget Officer position to a Budget Division Manager position. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 14. Professional Services Agreement with Solutions Simplified for DocuSign Software Services (All Wards) Recommendation Adopt Resolution No. 2021-233 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Solutions Simplified for DocuSign Software Services. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 15. Amendment to Agreement with California Computer Options, Inc. (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-234 , authorizing the City Manager to amend the Professional Services Agreement with California Computer Options, Inc. for information technology assistance in the City's migration to Office 365 and related server and other required upgrades. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 9/16/2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 16. Back-Up Generator Replacement (All Wards) Recommendation Adopt Resolution No. 2021-235 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a professional services agreement between the City of San Bernardino and California Building Evaluation & Construction, Inc.; and issue a purchase order in an amount not to exceed $344,850. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 17. Co-Operative Funding Agreement with San Bernardino County for Street Rehabilitation (Wards 1, 2, 4, 6 and 7) Recommendation Adopt Resolution 2021-236 of the Mayor and City Council of the City of San Bernardino, California to: 1. Approve a Cooperative Funding Agreement with the County of San Bernardino for street rehabilitation on various streets; and 2. Authorize the Director of Finance to amend the Fiscal Year 2021/22 Capital Improvement Plan (CIP) to include the street rehabilitation cooperation with San Bernardino County on various streets (“Project”) and establish a project budget in an amount not to exceed $3,637,000, in Measure I Fund No. 129, for FY 2021/22, FY 2022/23, and FY 2023/24. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 9/16/2021 18. Appropriation of Funds for Land Development - Willdan Plan Check and Inspection Services (All Wards) Recommendation Adopt Resolution 2021-237 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Adopted Operating Budget to appropriate $250,000 from the General Fund to the Public Works Department expense budget in accordance with the Professional Services Agreement with Willdan Engineering for on-call plan check and inspection services related to Land Development; and 2. Authorizing the Director of Finance to open a purchase order in the amount of $250,000 with Willdan Engineering for on-call plan check and inspection services related to Land Development. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 19. Construction Agreement Award – Fencing for Seccombe Lake Park & Pioneer Memorial Cemetery (Ward 1) Recommendation Adopt Resolution No. 2021-238 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Agreement with Econo Fence, Inc., in the amount of $2,372,565 for the construction of fencing for Seccombe Lake Park & Pioneer Memorial Cemetery ("Project"); 2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $225,000 for construction of the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 9/16/2021 RESULT: ADOPTED [4 TO 2] MOVER: Sandra Ibarra, Mayor Pro-Tem, Ward 2 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Theodore Sanchez, Sandra Ibarra, Fred Shorett, Damon L Alexander NAYS: Ben Reynoso, Kimberly Calvin ABSENT: Juan Figueroa 20. Ordinance for Wastewater Facilities and Collection Rules and Regulations - Adoption (All Wards) Recommendation Adopt Ordinance No. MC-1562, an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend San Bernardino Municipal Code Chapters 13.08, “Connection with Public Sewer” and 13.32, “Wastewater Facilities” and amend San Bernardino Municipal Code Sections 2.28.010, “Approval of Rules and Regulations” and 2.28.020, “Violation - Penalty” and finding the same exempt from California Environmental Quality Act. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 21. Joint Exercise of Powers Agreement – Upper Santa Ana River Watershed Infrastructure Financing Authority (All Wards) Recommendation Adopt Resolution No. 2021-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Joint Exercise of Powers Agreement to join the Upper Santa Ana River Watershed Infrastructure Financing Authority; and authorizing the City Manager to execute the Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Agenda September 15, 2021 Mayor and City Council of the City of San Bernardino Page 12 Printed 9/16/2021 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 22. Obtain Quotes for Tiny Homes, Restrooms, and Jobs (With Agencies) for Homeless Population - Mayor Pro-Tem Ibarra (Ward 2) RESULT: APPROVED [UNANIMOUS] MOVER: Damon L Alexander, Council Member, Ward 7 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 10:08 p.m. on Wednesday, September 15, 2021. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, October 6, 2021 in the Council Chamber located at 201 North “E” Street, 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