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HomeMy WebLinkAbout04-06-2022 MCC RegularCity of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org MINUTES 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, APRIL 6, 2022 5:30 PM Closed Session was called to order at 5:32 PM by Mayor Valdivia on Wednesday, April 6, 2022, via 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 Absent 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 Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 2 5:30 PM CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, stated that Mayor should not be involved with the negotiations with Montecito Equities in closed session because he has received political contributions from them. She also spoke about the “Andrea Miller” case and advised that we need to make sure we are doing everything possible to not protect elected officials for agreements that they vote to approve. Paula Plunk, San Bernardino, thanked Treasure Ortiz for remembering democracy. She expressed opposition to Council Member Ibarra’s request for legal representation. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Rick Garcia v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2014140 (Risk) b. Ronald Alejandro Molina Santacruz v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS193924 (Risk) c. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2015337 (Risk) B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item (CAO) C) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS - Discussion of Evaluation Procedures (Pursuant to Government Code Section 54957): Titles: City Manager; City Attorney; and City Clerk (CM) D) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item - Notice of Claim, Montecito Equities, Ltd., dated November 20, 2020. (CM) 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:07 PM by Mayor Valdivia on Wednesday, April 6, 2022, Feldheym Central Library, San Bernardino, CA. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Jorge Murguia from San Bernardino First Church of the Nazarene led the invocation and Councilmember Calvin led the Pledge of Allegiance to the Flag. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 3 CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that the City Council had authorized staff to file a receivership action in a nuisance abatement case. CITY MANAGER UPDATE City Manager Rob Field provided city-wide updates to the Mayor and City Council, including local road closures, new Public Works Street and park projects, and hiring of the new Police Chief, Darren Goodman, effective June 1st. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Important updates included domestic flights coming to the San Bernardino airport, improvements at Seccombe Lake, restricted truck routes, and Neighborhood Association meetings. Council Member Alexander announced that himself and Council Member Calvin attended a virtual Job Corps event, as well as the San Bernardino Valley College annual gala. PRESENTATIONS 1. Proclamation for National Library Week - April 3-9, 2022 (All Wards) Mayor Valdivia presented the proclamation to Library Director Ed Erjavek. 2. Proclamation for National Donate Life Month - April 2022 (All Wards) Mayor Valdivia presented the proclamation to a representative from One Legacy. 3. Proclamation for Volunteer Appreciation Month - April 2022 (All Wards) Parks and Recreation Director Lydie Gutfeld made a presentation and recognized some of the City’s volunteers. Mayor Valdivia presented the proclamation to Director Gutfeld. 4. 2021 Public Safety Report (All Wards) Interim Police Chief David Green presented the report. The report was a general overview of crime and public safety efforts. Highlights included common types of theft in the city, and property and violent crime statistics. After the presentations, City Manager Rob Field announced that Item No. 10 would be continued to the May 4th, 2022, Mayor and City Council Meeting. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Lesley Stevens, San Bernardino Chamber of Commerce, announced that the 66ers Baseball Team’s opening game is May 6th, the Chamber of Commerce is hosting a meeting on April 20th, and the National Orange Show fair begins April 20th at the Fairgrounds. Paula Plunk spoke in opposition of Mayoral Candidates Helen Tran, John Valdivia, and Jim Penman. She encouraged people to vote on June 7th. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 4 Thelma Thomas spoke in support of homeless people and stated that they are often mistreated by police. Advocating for Everyone (A.F.E.), Cal State San Bernardino, representative Cassandra stated that their group is comprised of six students. They explained the results of the survey, including requests from citizens for more resources in the city. Alejandro Faz, University of Southern California Student and Animal Control Commissioner, spoke in support of Item No. 35 proposing the formation of a youth civic council. John Shollenberger discussed Items No. 16 and 17. He stated he did not agree with the city legally representing Council Member Ibarra in the “Miller” lawsuit. Harry Hatch spoke in support of prohibiting fireworks. Mike Hartley asked that street sweeping be reinstated, spoke in support of more Code Enforcement officers, and asked for more Police Officers to patrol the apartment buildings in the city. Luis Ojeda, “We are the Change”, announced that he is working with the city to bring back “SB Food Fest”. Treasure Ortiz spoke about Item No. 16. She opposed Council Member Ibarra being legally represented by the city. She supports the Violence Intervention Program (V.I.P). Jim Penman discussed the city’s bankruptcy. He also stated that when he was the city’s attorney, lies were told about him that led to his recall. Marcus Funches, Assistant Superintendent of Human Resources for the San Bernardino Unified School District, encouraged building a partnership between the city and the school district. He supports a youth council within the city. Rick Avila spoke in opposition of mayoral candidates Jim Penman, Helen Tran, or John Valdivia. He supports Treasure Ortiz for Mayor. Lawanda Ranger supports Jim Penman for mayor. She stated that the next mayor should be a good leader and a good example. Dr. Scott Wyatt, President of the San Bernardino Unified School District, spoke in support of future agenda Item No. 35, a student advisory council. He also asked the Mayor and City Council to address the potholes in the city. At this time, City Clerk Genoveva Rocha read the following written ADA accommodation public comment aloud into the record: Tim Dorame stated that he does not support Jim Penman, John Valdivia or Helen Tran for mayor. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 5 Hardy Brown expressed his support for the first African American Police Chief, Darren Goodman. He thanked City Manager Field for hiring Mr. Goodman. DISCUSSION 5. Ordinance Amending Chapter 19.70.030 of the San Bernardino Municipal Code Exempting Students of Educational Institutions Engaged in Film-Making Activities from the Special Events Permit Fee 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 MC-1575 amending Chapter 19.70.030 of the San Bernardino Municipal Code to waive the Special Events permit fee for students conducting filmmaking activities; and 2. Adopt a Student Filmmaking Activities Special Events Permit Fee Policy The staff presentation was waived. RESULT: INTRODUCED ORDINANCE NO. MC-1575 AND ADOPTED POLICY [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Kimberly Calvin, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 6. Ordinance - Property Maintenance Code (Vacant Building Board-Up Standards) (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- 1576 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.05 (Property Maintenance Code) of Title 15 (Buildings and Construction) of the City of San Bernardino Municipal Code adding Section 15.05.300 (Vacant Building Board-Up Standards); and finding the exemption 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 May 4, 2022. Council Member Figueroa, Council Member Sanchez, and Mayor Valdivia asked for clarification of the ordinance. Planning Division Manager Oliver Mujica provided a brief synopsis. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 6 RESULT: INTRODUCED ORDINANCE NO. MC-1576 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L Alexander, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 7. Update on Organics Collection, Processing and Disposal Services Due to SB 1383 Short-Lived Climate Pollutants Mandate (All Wards) Recommendation The Mayor and City Council to receive an update on the status of the City’s efforts to comply with the SB 1383 Short-Lived Climate Pollutants Mandate. Alex Qishta, Deputy Director of Public Works, provided a presentation regarding SB1383 and the city’s agreement with Burrtec for trash collection. Council Member Calvin asked if food waste could be provided to community gardens for free. RESULT: NO ACTION TAKEN; RECEIVED UPDATE PUBLIC HEARINGS 8. Public Hearing on Annexation No. 12 to Community Facilities District 2019-1 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2022-65 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 12); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022-66 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 12); 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1577 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 7 Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC-1577 for May 4, 2022. Mayor Valdivia opened the Public Hearing at 9:52 PM There were no written communications received or public comments for this item. City Clerk Rocha confirmed that zero written protests were received. The Public Hearing was closed at 9:53 p.m. RESULT: ADOPTED RESOLUTION NO. 2022-65 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra RESULT: ADOPTED RESOLUTION NO. 2022-66 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra RESULT: INTRODUCED ORDINANCE NO. MC-1577 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 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 AND PULLED ITEM NOs. 11, 17, and 18 FOR DISCUSSION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 8 9. Approval of Mayor 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 January 19, and February 2, 2022, Regular Meeting of the Mayor and City Council. RESULT: APPROVED MAYOR AND CITY COUNCIL MINUTES [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 10. Violence Intervention Program Contract Amendments (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to amend Professional Services Agreements with Hope Culture and Young Visionaries Youth Leadership Academy by increasing the amount of each agreement by $250,000, for a total of $500,000 of American Rescue Plan Act funds. City Manager Field requested that this item be continued to a future meeting and there was a consensus from the Mayor and City Council. RESULT: NO ACTION TAKEN; CONTINUED TO MAY 4, 2022, AT THE REQUEST OF THE CITY MANAGER 11. Amendment No. 1 to Professional Services Agreement with PlaceWorks for the Enhanced Public Participation Program (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with PlaceWorks for the enhanced Public Participation Program associated with the comprehensive General Plan update and Downtown Specific Plan. Council Member Sanchez pulled this item and asked staff to explain the amendment. Planning Manager Mujica explained that the amendment is for public outreach and holding more General Plan and Downtown Specific Plan community workshops. Council Member Sanchez asked to continue the item to the next council meeting, to allow PlaceWorks to come in and present to the council with more details. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 9 RESULT: CONTINUED TO MAY 4, 2022 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 12. City Board, Commission, and Citizen Advisory Committee Minutes Approved in February/March 2022 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in February and March 2022. RESULT: APPROVED MINUTES [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 13. Professional Service Agreement with Matrix Consulting Group for a Comprehensive Fee Study (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Matrix Consulting Group for a comprehensive fee study. RESULT: APPROVED AGREEMENT [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 14. 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 2022. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED DISBURSEMENTS [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 15. Investment Portfolio Report for February 2022 (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 2022. RESULT: APPROVED REPORT [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 16. Amendment to Stream, Kim, Hicks, Wrage & Alfaro Legal Service Agreement Re: Miller II (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Legal Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and authorize the Director of Finance to amend the Purchase Order to Stream, Kim, Hicks, Wrage & Alfaro. RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 17. Amendment to Atkinson, Andelson, Loya, Ruud & Romo Legal Service Agreement Re: Miller II (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the Second Amendment to the Legal Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and authorize the Director of Finance to amend the Purchase Order to Atkinson, Andelson, Loya, Ruud & Romo. Council Member Alexander pulled this item and asked City Attorney Sonia Carvalho Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 11 why this item was on the agenda. City Attorney Carvalho stated that the city has a duty to defend employees that are acting within the scope of their duties. Human Resources Director Rene Anderson stated that all contract amendments are routinely brought before the council. City Attorney Carvalho confirmed that there are two law firms assigned to this case number (CIVDS2015337), one which represents a Council Member, and one which represents the city. Council Member Calvin again questioned which agenda item represented which entity, and City Attorney Carvalho confirmed again that this item, number 17, is regarding defending the City in this lawsuit. The City is one defendant in this lawsuit. RESULT: APPROVED AMENDMENT TO AGREEMENT [5 TO 1] MOVER: Damon L. Alexander, Council Member, Ward 7 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander NAYS: Ben Reynoso ABSENT: Sandra Ibarra 18. Approving Job Classifications, Amending the Salary Schedule and the Fiscal Year 2021/22 Adopted Budget (All Wards) Recommendation Adopt Resolution No. 2022-67 of the Mayor and City Council of the City of San Bernardino, California, approving the: 1. Deputy Director of Human Resources (U) job classification; 2. Deputy Director of Information Technology (U), reclassification from IT Operations Supervisor; 3. Grant Division Manager (U) job classification; 4. Grant Writer job classification; 5. Administrative Supervisor and Executive Assistant to the City Manager (U), reclassification from Executive Assistant to City Manager (U) 6. Procurement Contract Specialist, job classification3: 7. Treasury Manager, reclassification from Treasury Supervisor; 8. Senior IT Technician, update the classification title only from IT Technician II; 9. Addition of four Code Enforcement Officers to the Community & Economic Development Department; 10. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions; and 11. Amendment to Fiscal Year 2021-22 Adopted Budget by appropriating an additional $128,450. Council Member Sanchez requested that staff's recommendation be amended to include a total of eight (8) Code Enforcement Officers. There was discussion among council members regarding which fund these positions would be allocated from. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 12 RESULT: APPROVED WITH AMENDMENT TO STAFF RECOMMENDATION TO INCLUDE A TOTAL OF EIGHT (8) CODE ENFORCEMENT OFFICERS [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 19. Amendment to the Professional Services Agreement for Graves and King (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Graves and King for representation in San Bernardino Superior Court Case No. CIVDS 2014140; and authorize the Director of Finance to amend the Purchase Order to Graves and King. RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Ibarra 20. Application for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoors Access for All Act of 2018 Per Capita Program (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-68, approving the application for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoors Access for All Act of 2018 Per Capita Program. RESULT: ADOPTED RESOLUTION NO. 2022-68 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 21. Hometown Heroes Military Banner Program Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the Hometown Heroes Military Banner Program. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 13 RESULT: APPROVED BANNER PROGRAM UPDATE [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 22. Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 14 (Ward 3) Recommendation Adopt Resolution No. 2022-69 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. 14) and authorizing the levy of special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2022-69 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 23. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 16, Tax Zone No. 17 (Belmont) (Ward 5) Recommendation Adopt Resolution No. 2022-70 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. 16) and authorizing the levy of special taxes therein. Council Member Reynoso asked that the special taxes from this annexation pay for additional streetlights in the area. Deputy Director of Public Works Alex Qishta stated he could speak to the developer about the request. RESULT: ADOPTED RESOLUTION NO. 2022-70 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 14 24. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 17, Tax Zone No. 18 (G&M Oil #18) - (Ward 3) Recommendation Adopt Resolution No. 2022-71 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. 17) and authorizing the levy of special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2022-71 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 25. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 4, (Tract 20145) (Ward 5) Recommendation Adopt Resolution No. 2022-72 of the Mayor and City Council of the City of San Bernardino, acting as the legislative body of Community Facilities District No. 2018- 1 of the City of San Bernardino (Safety Services), declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services). RESULT: ADOPTED RESOLUTION NO. 2022-72 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 26. Resolution to Initiate Preparation of Engineer's Report of Previously Formed Landscape and Lighting Maintenance Districts, Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2022/2023 (All Wards) Recommendation Adopt Resolution No. 2022-73 of the Mayor and City Council of the City of San Bernardino, California, initiating proceedings to levy and collect assessments for Fiscal Year 2022/23 in Assessment Districts pursuant to The Landscaping and Lighting Act of 1972, appointing the Engineer of Record, and ordering preparation of Engineer's Reports. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 15 RESULT: ADOPTED RESOLUTION NO. 2022-73 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 27. Mount Vernon Bridge Replacement - Construction and Maintenance Agreement No. 22-1002699 (Wards 1,3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Construction and Maintenance Agreement No. 22-1002699 with the San Bernardino County Transportation Authority (SBCTA) and Southern California Regional Rail Authority (SCRRA) for the demolition, construction, and maintenance of the Mount Vernon Bridge. RESULT: APPROVED AGREEMENT [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 28. Graffiti Abatement and Dilapidated Building Painting Program Assessment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report regarding the assessment of utilizing in-house staff versus contracted staff for graffiti abatement and dilapidated building painting services. RESULT: APPROVED RECEIVE AND FILE OF REPORT [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 29. Agreement with Phoenix Group Information Systems (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between Phoenix Group Information Systems and the City of San Bernardino for parking citation processing services; and authorize the Director of Finance to issue a purchase order to Phoenix Group Information Systems in an amount not to exceed $100,000 per fiscal year; and amend the budget each contract year if needed in an amount not to exceed 35% of the revenues collected through the Parking Citation Intercept programs. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 16 RESULT: APPROVED AGREEMENT [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 30. First Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for Body Worn Camera Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for body worn camera services; and authorize the Director of Finance to issue a purchase order to Axon Enterprise Inc. in an amount not to exceed $37,000. RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 31. Progressive Design Build - California Theatre Improvements Project (Ward 1) Recommendation Adopt Resolution No. 2022-74 of the Mayor and City Council of the City of San Bernardino, California: 1. Accepting the California Arts Council Grant in the amount of $2,500,000; 2. Authorizing the Director of Finance to amend the FY2021/22 CIP to include California Theatre Improvements Project (“Project”) in the total project cost amount of $2,500,000; and 3. Approving an Award of a Progressive Design Build Contract with Tilden-Coil Constructors, Inc. in the amount of $309,031 to be paid from unspent Measure S funds and reimbursed from grant proceeds; and 4. Authorizing the City Manager or designee to finalize and execute all documents related to the Project. Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 17 RESULT: ADOPTED RESOLUTION NO. 2022-74 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 32. Consideration of a Development Code Amendment to Permit Open Porches to Encroach into the Front Setback (All Wards) (Council Member Sanchez) RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 33. Mobile Showers for the Unhoused (All Wards) (Council Members Ibarra & Sanchez) RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Calvin, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra 34. Policy Manual Regarding Grant Funded Positions (All Wards) (Council Member Alexander) RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-1] MOVER: Damon L. Alexander, Council Member, Ward 7 SECONDER: Kim Calvin, Council Member, Ward 6 AYES: Figueroa, Shorett, Calvin, Alexander NOES: Theodore Sanchez ABSENT: Sandra Ibarra, Ben Reynoso 35. Establish a Program for High School Students to Serve as Junior Council Members to Encourage Greater Civic Engagement, Reporting through the City Manager's Office (All Wards) (Council Member Calvin) Regular Meeting Draft Minutes April 6, 2022 Mayor and City Council of the City of San Bernardino Page 18 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-0] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 10:32 PM on Wednesday, April 6, 2022 in honor of Tony Murguia. 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, May 4th, 2022 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:_________________________