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HomeMy WebLinkAbout05-04-2022 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, MAY 4, 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, May 4, 2022, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:31 p.m. Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro Tem, Ward 3 Absent Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present 5:33 p.m. 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 May 4, 2022 Mayor and City Council of the City of San Bernardino Page 2 CLOSED SESSION PUBLIC COMMENT There were no public comments for Closed Session. CLOSED SESSION A) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS: Review and Discussion of Compiled Performance Evaluations (Pursuant to Government Code Section 54957): Titles: City Manager; City Attorney; and City Clerk (CM) INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Steve Anderson from Lutheran Church of Our Savior led the invocation and Council Member Sanchez led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated that the Mayor and City Council had met to discuss performance evaluations of the appointed positions of the City. She had not been present during Closed Session, due to her evaluation also being discussed, but advised that there was no reportable action. CITY MANAGER UPDATE At this time, City Manager Rob Field provided city-wide updates to the community and the Mayor and City Council. Some highlights included police department announcements, the Emergency Rental Assistance Program, and Public Works projects. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Details included Council Members Calvin and Alexander attending the April 7th and 8th City County Conference in Lake Arrowhead and the April 20th Women’s Club Celebration. Other Council Members discussed neighborhood association meetings, Spanish translation updates, and homeless shelters. PRESENTATIONS 1. Certificate of Recognition Michael Beauchamp Retirement (All Wards) Mayor Valdivia presented the certificate to Mr. Beauchamp and his wife Paula for his retirement from the California Department of Transportation after 37 years of service. 2. Certificate of Recognition San Bernardino Pacesetters (All Wards) Council Member Calvin present the certificate to the San Bernardino Pacesetters. The Pacesetters were also present and put on a short performance. 3. Certificate of Recognition San Bernardino High School Girls Basketball Team (All Wards) Council Member Calvin presented the certificate to the basketball team and their coach, Mr. Tardy. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 3 4. Proclamation for National Public Works Week - May 15-21, 2022 (All Wards) Mayor Valdivia presented the proclamation to Alex Qishta, interim Public Works director. 5. Proclamation for National Water Safety Month - May 2022 (All Wards) Mayor Valdivia presented the proclamation to Lydie Gutfeld, Parks and Recreation director. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mark Porter, San Bernardino, stated that he is running for the House of Representatives in the San Bernardino District. He asked for everyone’s support. Kristen Malaby, Fontana, spoke about her organization, SoCal Trash Army. The organization assists homeless people with food and shelter. She asked for the Mayor and City Council’s assistance with resources. Lue Dowdy, President of the Southern California Black Chamber of Commerce, Inland Cities East Chapter, asked for support for the upcoming Juneteenth celebration event at San Bernardino Valley College. Dr. Nosakhere Thomas, Director of the Inland Empire Black Workers Center (IEBWC), spoke about the career and training opportunities available at the center. Whanita Fawcett, IEBWC student, shared the success she has achieved at the center’s Water Works program. Moses Ramirez, IEBWC Center, spoke about the opportunities and attributes of the IEBWC. Zola Jordan, San Bernardino, also spoke in support of the IEBWC. Zachary Guzman, San Bernardino, also shared his experience in an apprenticeship at the IEBWC. Andrea Dudley, San Bernardino, spoke in favor of the experience for herself and others at the IEBWC and classes at San Bernardino Valley College. Harry Hatch, San Bernardino, discussed the cement pile at the OxBow development. He informed that the cement needs to be abated as soon as possible. He does not understand why this project has not moved forward yet. John Shollenberger, San Bernardino, spoke about the San Bernardino Sun newspaper endorsing Treasure Ortiz for Mayor. He also supports Ms. Ortiz. Robin Malibu, San Bernardino, informed about the various work she has done throughout the city. She asked for the Mayor and City Council’s support for her Juneteenth event. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 4 Jim Penman, San Bernardino, announced that he has received information from CalPERS stating that his retirement benefits will not be affected whether or not he is elected as mayor. Dolores Armstead, San Bernardino, spoke in favor of more staff support for council members. She also spoke in opposition of Item No. 10 on the agenda for military-grade police department equipment. In addition, she spoke in opposition of Mayor Valdivia being re-elected. Edwin Johnson, Vice President of the Southern California Black Chamber of Commerce, Inland Cities East Chapter, asked for the Mayor and City Council’s support of Juneteenth and the African American community. Zepporah Johnson, Representative of the San Bernardino Juneteenth Committee, also asked for support for the upcoming Juneteenth event at San Bernardino Valley College. Treasure Ortiz, San Bernardino, thanked people for their support in the loss of her brother. She asked the Mayor and City Council to support the citizens. Sandra S., San Bernardino, spoke in opposition of approving Item No. 8 for the amendment to the professional services agreement with PlaceWorks. She stated that the amendment and additional funding would be a waste of money. Phil Savage, San Bernardino, stated that he is part of the Charter Review Committee, and he believes the committee is ineffective. He expressed frustration that the Council has not brought forward any of the committee’s recommendations. James Albert, Commissioner, San Bernardino, spoke in support of rank choice voting. He believes this system will save the city money and produce better election outcomes. Ronnie Miller, CEO and Founder of Sisters Making A Difference, encouraged everyone to get involved with the Juneteenth committee and participate in the upcoming events. Robert Porter, Commissioner, San Bernardino, thanked Council Member Ibarra for her work in the community. Areli Lopez, San Bernardino, spoke about dilapidated apartment complexes in the city that are inhabitable. She would like the City Council to do something about these places. Jeff Green, San Bernardino, also discussed uninhabitable apartments in San Bernardino. He stated that Code Enforcement has not helped the residents. Deborah Harnon, San Bernardino, stated that she lives in the Date Park apartments and there are many issues that make the apartments unhealthy and unsafe to live in. Nadine, San Bernardino, also lives in Date Park apartments and states that their rent has been increased beyond the legal limits. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 5 Khristopher Gonzalez, Downtown Civic Center Neighborhood Association President, San Bernardino, informed about his organization’s upcoming 5K race in downtown. He requested an appointment with the City to discuss logistics of the race. Nohemi, San Bernardino, expressed concerns about clean air, affordable housing, and fair wages. Ronald Donis, San Bernardino, spoke in support of Item No. 44. He supports raising minimum wage in the city. He also requested an update regarding the police department’s recent audit. Scott Olsen, San Bernardino, discussed ward boundaries, support of congressional nominee Mark Porter, and support for James Penman for Mayor. At this time, the following remote speaker was heard via Zoom: Delshawn McClellan, Southwest Regional Council of Carpenters, spoke about Agenda Item No. 8. He stated this project should be built utilizing local workers. At this time, City Clerk Genoveva Rocha read the following written ADA accommodation public comment aloud into the record: Tim Dorame, San Bernardino, expressed his support for Treasure Ortiz for Mayor. He does not support Mayor Valdivia, Jim Penman, or Helen Tran. He also supports Ali Payne for Second Ward Council Member. APPOINTMENTS With consensus from the Mayor and City Council, Items 6 and 7 were voted on simultaneously with one motion. 6. Water Board Reappointment - Rikke Van Johnson (All Wards) Recommendation Approve the re-appointment of Rikke Van Johnson to the Water Board with a six- year term of office ending May 8, 2028. Council Staff has verified that appointee is a registered voter within the city. RESULT: APPROVED THE RE-APPOINTMENT [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa City Clerk Rocha swore in Mr. Johnson and provided his certificate. Mr. Johnson thanked the Mayor and City Council for the opportunity to be of service to others. 7. Public Safety and Human Relations Commission Appointment (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Jose D. Guzman to the Public Safety and Human Relations Commission representing Ward 1. Mr. Guzman will replace Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 6 Maria I. Lanas with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City. Mr. Guzman was not present at the meeting. RESULT: APPROVED THE APPOINTMENT [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa DISCUSSION 8. Amendment No. 1 to the Professional Services Agreement with PlaceWorks for the General Plan and Downtown Specific Plan (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 General Plan and Downtown Specific Plan by increasing the total compensation from $3,597,985 to $4,395,308 (+$797,323); and authorize the Finance Director to amend the Fiscal Year 2021/22 Adopted Budget accordingly. Planning Manager Oliver Mujica provided a presentation to the Mayor and City Council. Woodie Tescher and Wendy Nowak from PlaceWorks provided a presentation of the status of the General Plan and Downtown Specific Plan. Council Member Sanchez motioned to reject Staff's recommendation and only approve $500,000 to PlaceWorks from the LEAP Grant from the State Department of Housing and Community Development (HCD) to complete the housing component of the General Plan; he stated he did not agree with approving any funding for this project from the General Fund. RESULT: APPROVED AS AMENDED TO REJECT STAFF'S RECOMMENDATION AND ONLY APPROVE AN ADDITIONAL $500,000 TO PLACEWORKS [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa The Mayor called for a recess at 10:27 p.m. and reconvened at 10:38 p.m. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 7 PUBLIC HEARINGS 9. Ordinance Amending Various Sections of Chapter 8.60 and Adding Section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code Relating to Fireworks (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California introduce, read by title only, and waive further reading of Ordinance No. MC-1578, amending various sections of Chapter 8.60 and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. Mayor Valdivia opened the Public Hearing at 10:41 p.m. Management Analyst Karlyn McCloskey presented an overview of the ordinance. At this time, one public comment was heard: Harry Hatch, San Bernardino, stated that this ordinance only reinforces the ability of the police department to make fireworks enforcement more adequate, and to provide a greater revenue source. The Public Hearing was closed at 10:47 p.m. RESULT: INTRODUCED ORDINANCE NO. MC-1578 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 10. Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) in Accordance with Assembly Bill 481 (All Wards) Recommendation Introduce, Read By Title Only, and Waive Further Reading of Ordinance No. MC- 1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481. Mayor Valdivia opened the public hearing at 10:48 PM. Interim Police Chief David Green presented a staff report. There were no public comments on this item. Mayor Valdivia closed the public hearing at 10:57 PM. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 8 RESULT: INTRODUCED ORDINANCE NO. MC-1579 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 11. Continue the Public Hearing on the Vacation of a Portion of “I” Street Between Spruce Street and Olive Street, and a Portion of “J” Street at Its Intersection with 17Th Street and 21St Street and Reservation of Utilities Therein Until May 18, 2022 at 7:00 P.M. (Ward 3) Recommendation It is recommended that the Mayor and City Council continue the public hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until May 18, 2022, at 7:00 p.m. Deputy Director of Public Works Alex Qishta requested that the public hearing be continued to the next regular meeting of the Mayor and City Council. RESULT: CONTINUED THE PUBLIC HEARING TO THE MAY 18, 2022 MAYOR AND CITY COUNCIL MEETING [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 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. City Manager Field announced that there was a correction needed for Item No. 16. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 18 FOR DISCUSSION [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 12. 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 following meeting minutes: 1. February 16, 2022, Draft Regular Meeting Minutes Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 9 2. March 2, 2022, Draft Regular Meeting Minutes 3. March 16, 2022, Draft Regular Meeting Minutes 4. March 31, 2022, Draft Special Meeting Minutes RESULT: APPROVED MEETING MINUTES [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 13. Approval of Spanish Interpretation Services, Equipment, and Closed Captioning Software (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Professional Services Agreement with Cal Interpreting Services, Inc., for Spanish interpretation and translation services through January 21, 2024 in an amount not to exceed $30,000.00 annually. 2. Approve the one-time purchase of interpretation equipment and headsets for $16,293.80, in lieu of television monitors outside of Council Chambers. 3. Approve the one-time purchase of English closed captioning software for cable channel viewers in the amount of $54,625.00. RESULT: APPROVED AGREEMENT AND PURCHASES [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 14. Adopt Ordinance No. MC-1575 (Student Film-Making Activities Permit Fee Waiver) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt 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 Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 10 RESULT: ADOPTED ORDINANCE NO. MC-1575 AND FEE POLICY [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 15. California for All Animals Welcome Grant Award (All Wards) Recommendation Adopt Resolution No 2022-75 of the Mayor and City Council of the City of San Bernardino, California: 1. Accepting a grant award in the amount of $5,000 from UC Davis for animal shelter programs; and 2. Authorizing the City Manager to conduct all negotiations signings and submittals of all necessary documents to receive the grant award; and 3. Authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $5,000 of the grant funding for animal shelter programs and services. RESULT: ADOPTED RESOLUTION NO. 2022-75 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 16. Adopt Ordinance No. MC-1574 (Public Hearing Notification) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1574 adopting 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. City Manager Rob Field stated that Section 4.3 of the Ordinance indicates “…greater than 1,000 feet”, but the word ‘feet’ shall be removed, to indicate notification of the public hearing to greater than 1,000 (people). RESULT: ADOPTED ORDINANCE NO. MC-1574 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 11 17. Adopt Ordinance No. MC-1576 (Property Maintenance Code) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC-1576 of the Mayor and City Council of the City of San Bernardino, California, adding Section 15.05.300 (Vacant Building Board-Up Standards) to Chapter 15.05 (Property Maintenance Code) of Title 15 (Buildings and Construction) of the City of San Bernardino Municipal Code; and finding the action exempt under the California Environmental Quality Act. RESULT: ADOPTED ORDINANCE NO. MC-1576 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 18. Amendment No. 2 to the ESG-CV2 Subrecipient Agreement with Lutheran Social Services of Southern California (All Wards) Recommendation It is recommended that the Mayor and the City Council for the City of San Bernardino, California, 1. Authorize the City Manager to execute the Second Amendment to the ESG-CV2 Subrecipient Agreement between the City of San Bernardino and the Lutheran Social Services; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to amend the agreement. Council Member Ibarra made a motion to continue the item to Discussion at the next regular Mayor and City Council Meeting with a complete staff report that details what the ESG-CV2 contract funds will be used for. RESULT: DIRECTED STAFF TO CONTINUE THE ITEM TO MAY 18th, 2022 AS A DISCUSSION CALENDAR ITEM [4 - 2] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Calvin NAYS: Ben Reynoso, Damon L Alexander ABSENT: Juan Figueroa Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 12 19. 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 and April 2022. RESULT: APPROVED DISBURSEMENTS [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 20. Adopt Ordinance No. MC-1568 (Budget Transfers) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1568, amending section 3.05 of the Municipal Code. RESULT: ADOPTED ORDINANCE NO. MC-1568 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 21. Resolution to Increase the Fleet Services Fund (All Wards) Recommendation Adopt Resolution 2022-76 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the Fiscal Year 2021/22 Adopted Operating Budget by appropriating funds in the amount of $500,000 from the General Fund to the Fleet Services Fund. RESULT: ADOPTED RESOLUTION NO. 2022-76 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 13 22. Agreement with Client First Consulting for a Software Needs Assessment (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 Client First Consulting for a software needs assessment and Enterprise Resource Planning (ERP) consulting services for a total cost of $780,510. RESULT: APPROVED AGREEMENT [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 23. Adopt a Resolution Ratifying Administrative Budget Transfers from December 2021 to April 2022 Recommendation Adopt Resolution No. 2022-77 of the Mayor and City Council of the City of San Bernardino, California, Ratifying Administrative Budget Transfers from December 2021 to April 2022. RESULT: ADOPTED RESOLUTION NO. 2022-77 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 24. Library Internet Service Agreement - Califa Group, Inc. (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to increase a purchase order with Califa by $16,000 to an amount not to exceed $52,000 for Fiscal Year 2021/22. RESULT: APPROVED SERVICE AGREEMENT [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 14 25. RSVP Grant Year 1 of 3 (All Wards) Recommendation Adopt Resolution No. 2022-78 of the Mayor and City Council of the City of San Bernardino, California approving the ratification of the submission of a continuation grant application for Year One of a 3-Year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program; accepting the Grant Award in the amount of $54,809; and appropriating the Grant Funds for the Period of April 1, 2022, through March 31, 2023. RESULT: ADOPTED RESOLUTION NO. 2022-78 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 26. Parks and Recreation Youth Enrichment Scholarship (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the proposed San Bernardino Parks and Recreation Youth Enrichment Scholarship (YES); and authorize the Director of Finance to allocate $10,000 of Measure S funds to the program operations. RESULT: APPROVED THE SCHOLARSHIP [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 27. Camera Trailer Purchase (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to issue a purchase order to Industrial Video and Control for an amount not to exceed $55,000. RESULT: APPROVED THE PURCHASE ORDER [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 15 28. Adopt Ordinance MC-1573, Amending Ordinance MC-1522 and Levying Special Taxes - CFD 2019 - 1 Annexation No. 11 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC-1573 amending Ordinance 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 Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED ORDINANCE NO. MC-1573 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 29. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services) Annexation No. 19, Tax Zone No. 20 (Rally’s) (Ward 4) Recommendation Adopt Resolution No. 2022-79, of the Mayor and City Council of the City of San Bernardino, California, declaring its intent 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. 19) and authorizing the levy of special taxes therein. RESULT: ADOPTED RESOLUTION NO. 2022-79 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 30. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 23, Tax Zone No. 24 (Starbucks) (Ward 7) Recommendation Adopt Resolution No. 2022-80 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. 23) and authorizing the levy of a special taxes therein. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 16 RESULT: ADOPTED RESOLUTION NO. 2022-80 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 31. Approve Final Tract Map No. 17329-2 (Ward 5) Recommendation Adopt Resolution No. 2022-81 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 17329-2 (Subdivision 05- 40) involving the subdivision of a project site containing approximately 11.394 acres into 29 single-family residential lots located north of Ohio Avenue, and east of Little League Drive, accepting the public dedications as set forth on said map; and authorizing the City Manager to execute the standard form of agreement for the subdivision improvements. RESULT: ADOPTED RESOLUTION NO. 2022-81 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 32. Construction Contract Award – Construction Connector Pipe Screen Total Maximum Daily Loads (TMDLs) – Track 1 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a construction contract with United Storm Water, Inc., in the amount of $149,697 to provide construction of a Connector Pipe Screen Total Maximum Daily Loads (TMDLs) Track 1; and 2. Authorize the construction of the project, construction contingencies and inspection costs in an amount not to exceed $182,000 for the Connector Pipe Screen TMDLs- Track 1 Project; and 3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 17 RESULT: APPROVED THE CONTRACT [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 33. San Bernardino County Municipal Separate Storm Sewer System - National Pollution Discharge Elimination System (NPDES) Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees (All Wards) Recommendation Adopt Resolution No. 2022-82 of the Mayor and City Council of the City of San Bernardino, California, approving the San Bernardino County Municipal Separate Storm Sewer System - National Pollution Discharge Elimination System (NPDES) Common Interest, Joint Defense, and Confidentiality Agreement among Permittees; and authorizing the City Manager or designee to execute all documents on behalf of the City. RESULT: ADOPTED RESOLUTION NO. 2022-82 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 34. Approving Amendment No. 1 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Commission (Authority) for the I- 215/University Parkway Interchange Project (SS04-019) (Wards 5, 6) 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 Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019). RESULT: APPROVED AMENDMENT TO AGREEMENT [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 18 35. Adopt Ordinance MC-1574A, Amending Ordinance MC-1522, and Levying Special Taxes - CFD 2019 - 1 Annexation No. 13 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC-1574A, amending Ordinance MC-1522, and levying special taxes to be collected during Fiscal Year 2022/23 to pay annual costs for 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 Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED ORDINANCE NO. MC-1574A [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 36. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 15, Tax Zone No. 16 (5TH & G) (Ward 1) Recommendation Adopt Resolution No. 2022-83 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. 15) and authorizing the levy of a special taxes therein, and rescinding Resolution No. 2022-51. RESULT: ADOPTED RESOLUTION NO. 2022-83 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 37. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 20, Tax Zone No. 21 (Little Caesars) (Ward 7) Recommendation Adopt Resolution No. 2022-84 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent 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. 20), and authorizing the levy of a special taxes therein. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 19 RESULT: ADOPTED RESOLUTION NO. 2022-84 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 38. Adopt Ordinance No. MC-1577, Amending Ordinance No. MC-1522, and Levying Special Taxes - CFD 2019 - 1 Annexation No. 12 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1577, amending Ordinance No. MC-1522, and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs for 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 Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED ORDINANCE NO. MC-1577 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 39. Construction Contract Award – Sierra Way Pavement Rehabilitation Project Between Third Street and Thirtieth Street (Wards 1, 2, 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-85: 1. Approving the award of a construction contract with I.E. General Engineering, Inc. in the amount of $2,093,700 to provide Sierra Way pavement rehabilitation services; and 2. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan Budget in the Measure I fund to allocate an additional $1,057,397 to the Sierra Way pavement rehabilitation project; and 3. Authorizing construction, construction contingencies and inspection costs in the total amount of $2,500,000 for the Sierra Way pavement rehabilitation project; and 4. Authorizing the City Manager or designee, to execute all documents for the construction of Sierra Way pavement rehabilitation project with I.E. General Engineering, Inc.; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 20 RESULT: APPROVED CONTRACT [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 40. Approve Final Tract Map No. 17329-3 (Ward 5) Recommendation Adopt Resolution No. 2022-86 of the Mayor and City Council of the City of San Bernardino, California, approving the Final Map for Tract No. 17329-3 (Subdivision 05-40) involving the subdivision of a project site containing approximately 7.637 acres into 17 single-family residential lots located north of Ohio Avenue, and east of Little League Drive, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of the subdivision improvements. RESULT: ADOPTED RESOLUTION NO. 2022-86 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa 41. Resolution Accepting the TDA Article 3 Transit Stop Access Grant (Wards 3,5,7) Recommendation Adopt Resolution 2022-87 of the Mayor and City Council of the City of San Bernardino, California: 1. Accepting the Transportation Development Act (TDA), Article 3 Grant Funds, for the Transit Stop Access Program in the amount of $50,800 with a Local Match of $10,200 from Measure I funds (Fund 129) totaling $61,000; and 2. Authorizing the Director of Finance to amend the Fiscal Year 2021/22 Capital Improvement Plan (CIP) to include the Citywide Bus Stop Improvements Project. RESULT: ACCEPTED GRANT AND AMENDED FY 2021/2022 CIP [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 21 42. Resolution Declaring Intention to Levy and Collect Assessments for Previously Formed Assessment Districts - Fiscal Year 2022/23 (All Wards) Recommendation It is recommended that the Mayor and City Council, of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-88, Declaring Intention to Levy and Collect assessments within assessment districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1,2 and 2A), 952 (Zone 3), 953, 956,959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2022-23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments; 2. Adopt Resolution No. 2022-89, Declaring Intention to Levy and Collect Assessment District No. 1022 and Zones 1, 2 and 3 for Fiscal Year 2022-23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments; 3. Adopt Resolution No. 2022-90, Declaring Intention to Levy and Collect Assessment District Nos. 1017,1019,1020,1023, and 1024 for Fiscal Year 2022- 23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments; 4. Adopt Resolution No. 2022-91, Declaring Intention to Levy and Collect Assessment District Nos. 1025 and 1027 for Fiscal Year 2022-23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments; and 5. Adopt Resolution No. 2022-92, Declaring Intention to Levy and Collect Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064, and 1068 for Fiscal Year 2022-23, approving the Engineer Report and providing notice of time and place of hearing on proposed assessments. RESULT: ADOPTED RESOLUTIONS NO. 2022-88, 2022-89, 2022-90, 2022- 91, AND 2022-92 [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 22 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 43. A Sunshine Public Development Meeting Requirement (All Wards) (Council Member Alexander) City Attorney Carvalho clarified the purpose and meaning of a “sunshine” public meeting requirement. Council Member Reynoso made a motion to approve the item for future consideration. Council Member Sanchez made an alternate motion to deny the request, stating that the City already has such a requirement in place. This motion was seconded by Council Member Shorett. RESULT: ALTERNATE MOTION TO DENY REQUEST FOR CONSIDERATION AT A FUTURE MEETING [FAILED 2 - 4] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Shorett NOES: Ibarra, Reynoso, Calvin, Alexander ABSENT: Juan Figueroa The original motion to approve the item for consideration at a future meeting was then considered. RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-2] MOVER: Ben Reynoso, Council Member, Ward 5 SECONDER: Damon L. Alexander, Council Member, Ward 7 AYES: Ibarra, Reynoso, Calvin, Alexander NOES: Sanchez, Shorett ABSENT: Juan Figueroa 44. Consideration of a Minimum Wage Increase Within the City of San Bernardino through a Municipal Code Update (All Wards) (Council Member Reynoso) Council Member Reynoso motioned to approve the item, seconded by Council Member Calvin. A substitute motion was made by Council Member Sanchez, seconded by Council Member Ibarra, to direct staff to bring back a full report analysis on the consideration of a minimum wage increase in the City of San Bernardino prior to considering a Municipal Code update. Regular Meeting Agenda May 4, 2022 Mayor and City Council of the City of San Bernardino Page 23 RESULT: APPROVED SUBSTITUTE MOTION AND DIRECTED STAFF TO DIRECT STAFF TO BRING BACK A FULL REPORT ANALYSIS ON THE CONSIDERATION OF A MINIMUM WAGE INCREASE IN THE CITY OF SAN BERNARDINO PRIOR TO CONSIDERING A MUNICIPAL CODE UPDATE [4-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Shorett, Alexander NOES: Reynoso, Calvin ABSENT: Juan Figueroa At this time, Council Member Calvin informed that she wanted to reconsider her vote on Item No. 16 from the April 6th, 2022 Mayor and City Council Meeting - Amendment to Stream, Kim, Hicks, Wrage & Alfaro Legal Service Agreement Re: Miller II. Mayor Valdivia clarified that the motion would need to be made to reconsider the item at a future meeting. Council Member Calvin made said motion, which was seconded by Council Member Reynoso. City Attorney Carvalho confirmed that the motion to reconsider is the proper way to change one’s vote on a previous meeting item. Council Member Ibarra announced that she would be recusing herself from this vote due to a conflict (being named a defendant in the applicable lawsuit). RESULT: APPROVED MOTION TO PLACE THE ITEM “AMENDMENT TO STREAM, KIM, HICKS, WRAGE & ALFARO LEGAL SERVICE AGREEMENT RE: MILLER II” ON THE MAY 18TH AGENDA FOR RECONSIDERATION [3-2] MOVER: Kimberly Calvin, Council Member, Ward 6 SECONDER: Ben Reynoso, Council Member, Ward 5 AYES: Reynoso, Calvin, Alexander NOES: Sanchez, Shorett ABSENT: Juan Figueroa RECUSED: Sandra Ibarra ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday May 4, 2022, at 11:21 p.m. 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 18, 2022, in the Council Chamber located at 555 West 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