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HomeMy WebLinkAboutAnnotated Agenda 02-16-2022CITY 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, FEBRUARY 16, 2022 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 COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho MAYOR PRO TEM, 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 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, FEBRUARY 16, 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 Valdivia on Wednesday, February 16, 2022, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:35 PM Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present 5:40 PM Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Present 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 February 16, 2022 Mayor and City Council of the City of San Bernardino Page 2 Printed 2/22/2022 CLOSED SESSION PUBLIC COMMENT There were no public comments for Closed Session. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Melissa Arriaga v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1920766 b. Elmira Balasanyan v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2012677 c. Jesus Ortiz Paz v. County of San Bernardino, et al., United States District Court Case No. 5:20-cv-01486-JGB-KK d. Patricia Wolf v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2119310 B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957): Title: City Manager INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Greg McNair from All Nations 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 City Manager Rob Field provided city-wide updates to the Mayor and City Council. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS The Mayor and City Council provided updates to the community on upcoming events, past meetings and events attended. PRESENTATIONS 1. Big Brothers Big Sisters of the Inland Empire (All Wards) Recommendation Big Brothers Big Sisters of the Inland Empire would like to update the City of San Bernardino on current partnerships and the impact mentoring has on the youth of the City. The presentation to the Mayor and City Council includes an update on:  Programs and services offered to youth;  Evidence Based Impact; Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 3 Printed 2/22/2022  Return on Investment (ROI) to the City; and  Specifically, this year, mentoring in a pandemic. Marvin Espinoza, Director of Programs and Community Partnerships, provided a presentation to the Mayor and City Council. 2. City of San Bernardino Unhoused Pilot Program (All Wards) City Manager Field announced that the Unhoused Pilot Program presentation was being continued. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. DISCUSSION 3. Veto Reconsideration Per Municipal Code 1.08.040 of a Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards) Recommendation Reconsideration of Resolution No. 2022-25 of the Mayor and City Council of the City of San 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. Five affirmative votes were needed to override the Mayor’s veto. RESULT: FAILED [4 TO 2] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Theodore Sanchez, Fred Shorett, Ben Reynoso, Kimberly Calvin NAYS: Sandra Ibarra, Damon L Alexander ABSTAIN: Juan Figueroa Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 4 Printed 2/22/2022 4. Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill (AB) 571 (All Wards) Recommendation Adopt Urgency Ordinance No. MC-1573, an Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Section 2.55.030 to Chapter 2.55 to the City of San Bernardino Municipal Code Regarding Default Local Campaign Contributions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander PUBLIC HEARINGS 5. Public Hearing Notification - Development Code Amendment 21-04 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1574 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 21-04 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development Code) of the City of San Bernardino Municipal Code updating the public hearing notification requirements for discretionary land use entitlement applications; and finding that Development Code Amendment 21-04 is exempt from review under the California Environmental Quality Act; and 2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on March 2, 2022. RESULT: ADOPTED [6 TO 1] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Mayor Pro-Tem, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NAYS: Juan Figueroa Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 5 Printed 2/22/2022 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 WITH ITEM NO. 8 BEING PULLED FOR DISCUSSION [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 6. Approval of the Mayor and City Council Meeting Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the July 1, 2020, and July 15, 2020, Regular Meeting of the Mayor and City Council. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 7. Establishing an Amended Candidate Statement Policy for the June 7, 2022 Primary Election (All Wards) Recommendation Adopt Resolution 2022-28 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 2022-04 pertaining to candidate statement endorsements submitted to the voters at an election to be held on Tuesday, June 7, 2022. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 8. Resolution on the City of San Bernardino Unsheltered Population (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-29, expressing support for the City of San Bernardino Unsheltered Population Outreach Initiative. Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 6 Printed 2/22/2022 Council Member Calvin requested that the City's request to San Bernardino County include that the County partner with the City in providing additional shelter and housing options designed to serve the unsheltered and community members who are one paycheck away from being homeless. She added that the partnership could be a sure pathway to breaking the cycle of San Bernardino being identified as the homeless capital and allowing neighboring cities to drop transients off in San Bernardino. Council Member Calvin requested that Finance Director Barbara Whitehorn inform the Mayor and City Council of the exact amount of funding the City would be receiving from the State for unsheltered initiatives. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Mayor Pro-Tem, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 9. Release of Residential Property Maintenance Agreement Containing Covenants Affecting Real Property Located at 1245 S. Washington Avenue (Ward 3) Recommendation It is recommended that the Mayor and the 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: 1. Approve the Stipulation Between City of San Bernardino, Successor-in- Interest, and Andrew E. Lozano, Current Property Owner, Releasing Real Property Maintenance Agreement Containing Covenants Affecting Real Property Neighborhood Initiative Program in Exchange for Repayment of Grant (Attachment 1); and 2. Authorize the City Manager or designee to execute the Stipulation Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 7 Printed 2/22/2022 10. February, November, December 2021 and January 2022 City Board, Commission, and Citizen Advisory Committee Approved Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in February, November, and December 2021, and January 2022. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 11. Investment Portfolio Report for December 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 December 2021. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. 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 January 2022. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 13. Resolution Approving a City-Wide Salary Schedule for Employees of the City of San Bernardino (All Wards) Recommendation Adopt Resolution No. 2022-30 of the Mayor and City Council of the City of San Bernardino, California, approving a revised City-wide salary schedule for all full- time, part-time, temporary, and seasonal positions, repealing the prior salary schedule including Resolution No. 2021-268, and approving the Lead Building Inspector job description. Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 8 Printed 2/22/2022 RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 14. Amendment to Graves & King Legal Service Agreement (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-31, authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVDS2012677. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 15. Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2022-32, authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Carpenter, Rothans & Dumont for representation in the US District Court Case No. 5:20-CV- 01486-JGB-KKx. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 16. Grant Application and Award for a Fitness Court at Blair Park (Ward 5) Adopt Resolution 2022-33 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the ratification and submission of the California Parks and Recreation Society (CPRS) / National Fitness Campaign (NFC) grant application; 2. Accepting the two grant awards totaling $80,000 ($30,000 from CPRS/NFC and $50,000 from San Manuel Band of Mission Indians); and 3. Allocating the remaining balance of $130,700 from the Cultural Development Impact Fund in Fiscal Year 2021/22 to complete the Fitness Court at Blair Park project. Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 9 Printed 2/22/2022 RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 17. Land Water Conservation Fund Grant Application Approval (Ward 1) Recommendation Adopt Resolution No. 2022-34 of the Mayor and City Council of San Bernardino, California approving the submittal of an application for the Land and Water Conservation Fund (LWCF) competitive program to the State of California. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 18. Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All Wards) Recommendation Adopt Resolution No. 2022-35 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue purchase orders to Fairview Ford in an amount not to exceed $1,300,000 and to West Coast Lights & Sirens in an amount not to exceed $180,000, and to authorize the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and West Coast Lights & Sirens in an amount not to exceed $550,000. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 19. Amendment No. 1 to Agreement with ITERIS Inc. (All Wards) Recommendation Adopt Resolution No. 2022-36 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 with ITERIS, Inc. for design services and implementation of advanced dilemma zone detection at 49 signalized intersections; and authorizing the City Manager or designee to execute all documents in support of the amendment. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 10 Printed 2/22/2022 20. Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1) Recommendation Adopt Resolution No. 2022-37 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 3 to the Agreement with Tetra Tech, Inc., for the 2nd Street Bridge replacement at Warm Creek; and authorizing the City Manager, or designee, to execute all documents in support of amendment. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 21. Budget Amendment for Upgrades to Various Signal Hardware on 224 Signalized Intersections (All Wards) Recommendation Adopt Resolution No. 2022-38 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to record a budget amendment in the amount of $1,603,493.21 from the remaining Highway Safety Improvement Program (HSIP) grant fund balance for the project construction, construction contingencies, and inspection costs for upgrades to hardware at 224 signalized intersections at various arterials. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 22. Annual Purchase Order for Parts Authority (All Wards) Recommendation Adopt Resolution No. 2022-39 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue an Annual Purchase Order to Parts Authority for the purpose of supplying automotive parts and supplies in an amount not to exceed $175,000 on an annual basis with four (4) single year renewal options to the Public Works Department, Fleet Division, for the maintenance of City owned vehicles and equipment. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 11 Printed 2/22/2022 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 23. Warehouse Moratorium - Request for Emergency Ordinance (All Wards) (Council Member Reynoso) RESULT: VETOED - The motion to request an Emergency Ordinance for a Warehouse Moratorium carried 4-3; however, Mayor Valdivia vetoed the motion. MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Ibarra, Reynoso, Calvin, Alexander NOES: Sanchez, Figueroa, Shorett ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 9:41 p.m. on Wednesday, February 16, 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, March 2, 2022, in the Council Chamber located at the Feldheym Central Library at 555 W. 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. By:_________________________ Genoveva Rocha, CMC