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HomeMy WebLinkAboutAnnotated Agenda 02-02-2022CITY OF SAN BERNARDINO ANNOTATED AGENDA (2) 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, FEBRUARY 2, 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 2, 2022 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Pro-Tem Figueroa on Wednesday, February 2, 2022, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem,, Ward 3 Present Fred Shorett Council Member, Ward 4 Present 5:31 PM Ben Reynoso Council Member, Ward 5 Present 5:41 PM Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present John Valdivia Mayor Absent Edelia Eveland Assistant City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 2 Printed 2/3/2022 CLOSED SESSION PUBLIC COMMENT At this time, Closed Session public comment was heard. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item. a. Request from Mayor John Valdivia dated December 8, 2021 (delivered electronically December 9, 2021) requesting defense in the following cases: Jackie Aboud v. John Valdivia, et al., Case No. CIVDS2013562; Karen Cervantes v. John Valdivia, et al., Case No. CIVDS2012538; Mirna Cisneros v. John Valdivia, et al., Court Case No. CIVDS2012926; Donald Smith v. John Valdivia, et al., Case No. CIVSB2025375; and Matthew Brown v. City of San Bernardino, Case No. CIVSB2025900 B. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organizations: San Bernardino Confidential Management Association (Office of the City Manager) The Regular Meeting was called to order at 7:19 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Father Leonard D. Depasquale from St. Bernardine Catholic Church led the invocation and Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there was no reportable action from Closed Session. CITY MANAGER UPDATE At this time, Assistant City Manager Edelia Eveland provided citywide updates to the Mayor and City Council. MAYOR & CITY COUNCIL UPDATES & CONFERENCES/MEETINGS ATTENDED At this time, the City Council and Mayor Pro-Tem provided updates to the community. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments for items listed and not listed on the agenda were heard. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 3 Printed 2/3/2022 APPOINTMENTS 2. Arts and Historical Preservation Commission Appointment (Mayor’s Appointment) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Arts and Historical Preservation Commission representing the Mayor. Mr. Quirarte will replace Michael A. Lara with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City. RESULT: APPROVED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon L Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander ABSTAIN: Ben Reynoso, Kimberly Calvin 3. Parks, Recreation and Community Services Commission Appointment (Mayor’s Appointment) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreation and Community Services Commission representing the Mayor. Mr. Quirarte will replace Richard P. Avila with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City. RESULT: APPROVED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Damon L Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander ABSTAIN: Ben Reynoso, Kimberly Calvin DISCUSSION 4. Mayor, City Council, and Candidate Residency Policy (All Wards) Recommendation Adopt Resolution No. 2022-24 of the Mayor and City Council of the City of San Bernardino, California, establishing the City of San Bernardino Residency Policy for Municipal Elections Candidates and Elected Officials. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 4 Printed 2/3/2022 RESULT: ADOPTED [6 TO 1] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NAYS: Juan Figueroa 5. Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider placement of a charter amendment to eliminate the position of the elected at-large Mayor on the ballot for the June 7, 2022, primary election; And, if Council wishes: 2. Adopt Resolution No. 2022-25 of the Mayor and City Council of the City of San 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. RESULT: APPROVED [4 TO 2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Calvin NAYS: Sandra Ibarra, Damon L Alexander ABSTAIN: Reynoso 6. Assignment of American Rescue Plan Funds (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2022-26 assigning, from American Rescue Plan (ARP) funds held in reserve: a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding, b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding, c. $4,000,000 to the Small Business and Non-Profit Assistance Grant Program, and d. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of the Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 5 Printed 2/3/2022 disused parking lot in Lytle Creek Park to a soccer field; 2) Authorize the Finance Director to amend the FY 2021/22 Operating and Capital Budget by $23,050,000; and 3) Direct the City Manager to continue to pursue grant opportunities for the Seccombe Lake Park renovation project and the Nicholson Park renovation project, and if grant funds become available before the deadline for the commitment of ARP funds, authorize the Finance Director to reassign back to reserves for reallocation by Council the ARP funds herein assigned for Seccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount of any grants received. In addition to approving staff's recommendation the City Council provided direction to staff related to the assignment of the American Rescue Plan Funds. RESULT: ADOPTED [UNANIMOUS] MOVER: Damon L Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 7. Ordinance Restricting the Duration of Interim or Acting Director Positions (All Wards) Recommendation Introduce, read by title only, and waive further reading of Ordinance MC-1572 of the Mayor and City Council of the City of San Bernardino, California, adding Section 2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Code restricting the duration of Interim or Interim Director positions to six months. MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY COUNCIL MEMBER CALVIN, TO APPROVE ITEM NO. 7. Council Member Sanchez introduced a substitute motion to reject the item and it was seconded by Council Member Shorett. Council Member Sanchez’s motion to reject an Ordinance restricting the duration of the Interim or Acting Director positions passed, and the initial recommendation failed. RESULT: FAILED [4 TO 3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Theodore Sanchez, Sandra Ibarra, Juan Figueroa, Fred Shorett NAYS: Ben Reynoso, Kimberly Calvin, Damon L Alexander Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 6 Printed 2/3/2022 CONSENT CALENDAR 8. Final Reading of Ordinance Amending Chapter 2.82.10 of the San Bernardino Municipal Code, Adjusting the Salary for the Position of Mayor (All Wards) Recommendation Adopt Ordinance No. MC-1571 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 9. Final Reading of Ordinance Allowing Contract Approval by Minute Action (All Wards) Recommendation Adopt Ordinance No. MC-1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section 3.04.070 of the San Bernardino Municipal Code to permit the approval of contracts by minute action in addition to by resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 10. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for December 2021. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 7 Printed 2/3/2022 11. Investment Portfolio Report for November 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for November 2021. RESULT: RECEIVED AND FILED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. Police Dispatch Employees Memorandum of Understanding (All Wards) Recommendation Adopt Resolution No. 2022-13 of the Mayor and City Council of the City of San Bernardino, California, approving the Police Dispatch Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 13. Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards) Recommendation Adopt Resolution No. 2022-23 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to Legal Services Agreement with Lawrence Beach Allen & Choi (LBAC) for representation in the United States District Court Case No. 5:20-CV- 1189-KK. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 8 Printed 2/3/2022 14. Accept FY 2019 Homeland Security Grant (All Wards) Recommendation Adopt Resolution No. 2022-27 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the FY2019 Homeland Security Grant Program (HSGP) funds and increasing the FY2021/2022 Adopted Budget revenue and expenditures by $38,247. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 15. Amendment No. 4 to Agreement with Engineering Resources of Southern California (Ward 6) Recommendation Adopt Resolution No. 2022-15 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 4 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the 40th Street widening from Johnson Street to Electric Avenue; and authorizing the City Manager, or designee, to execute all documents in support of the amendment. RESULT: ADOPTED [6 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander ABSTAIN: Ben Reynoso 16. Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Wards) Recommendation Adopt Resolution No. 2022-16 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 9 Printed 2/3/2022 17. Amendment No. 1 to Agreement with Advanced Applied Engineering, Inc., DBA Infrastructure Engineers (All Wards) Recommendation Adopt Resolution No. 2022-17 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. RESULT: ADOPTED [6 TO 0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander AWAY: Sandra Ibarra 18. First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) Recommendation Adopt Resolution No. 2022-18 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the First Amendment to the Professional Services Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Capital Improvement Plan (CIP) Project; 2. Approving the appropriation of funds in the amount of $6,120 from the Measure I Fund to Pepper Avenue Rehabilitation CIP Project; and 3. Approving an increase to Purchase Order No. 2021-792 in the amount of $6,120 for a total amount of $241,031. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 10 Printed 2/3/2022 19. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 13, Tax Zone No. 14 (Magic Wash) (Ward 3) Recommendation Adopt Resolution No. 2022-22 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 13) and authorizing the levy of a special taxes therein. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 20. Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards) Recommendation Adopt Resolution No. 2022-19 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project; 2. Approving the award of a Construction Contract with All American Asphalt, Inc., in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1); 3. Authorizing project construction, construction contingencies and inspection costs in the total amount of $5,500,000 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-22-001); and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Figueroa, Shorett, Reynoso, Calvin, Alexander AWAY: Sandra Ibarra RECUSED: Theodore Sanchez Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 11 Printed 2/3/2022 21. Irrevocable Agreement to Annexation No. 2022-368 (Ward 6) Recommendation Adopt Resolution No. 2022-20 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within unincorporated territory located at 19472 Cajon Boulevard (APN 0262-021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 22. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 11, Tax Zone No. 12 (1435 W. (Ward 3) Recommendation Adopt Resolution No. 2022-21 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 11) and authorizing the levy of a special taxes therein. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 23. Contract with Placeworks, Separate from the General Plan, to Complete the Restricted Truck Routes Within a One-Year Time Frame. (All Wards) (Council Member Reynoso) RESULT: APPROVED TO BRING BACK FOR FUTURE CONSIDERATION MOVER: Damon Alexander, Council Member, Ward 7 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Sanchez Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 12 Printed 2/3/2022 ADJOURNMENT The meeting of the Mayor and City Council adjourned at 9:54 PM on Wednesday, February 2, 2022. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, February 16, 2022 in the Council Chamber located at the Feldheym Central Library, 555 W. 6th St., San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC