HomeMy WebLinkAbout03-03-2021 Agenda with Correct Numbering
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Current Year 2021--> Meeting Date
CITY OF SAN BERNARDINO
AGENDA
F OR THE
R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL
OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS
THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY,M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY,AND M AYOR
AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY
WEDNESDAY, MARCH 3, 2021
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
V IA Z OOM • S AN B ERNARDINO, CA92410• WWW.SBCITY.ORG
John Valdivia
Theodore SanchezDamon L. Alexander
M AYOR
C OUNCIL M EMBER,W ARD 1 C OUNCIL M EMBER, W ARD 7
Sandra Ibarra Robert D. Field
M AYOR P RO T EM, W ARD 2 C ITY M ANAGER
Juan Figueroa Sonia Carvalho
C OUNCIL M EMBER,W ARD 3 C ITY A TTORNEY
Fred ShorettGenoveva Rocha
C OUNCIL M EMBER,W ARD 4 C ITY C LERK
Ben Reynoso
C OUNCIL M EMBER,W ARD 5
Kimberly Calvin
C OUNCIL M EMBER,W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
Regular Meeting Agenda March 3, 2021
CALL TO ORDER
Attendee NamePresentAbsentLateArrived
Council Member, Ward 1 TheodoreSanchez
Mayor Pro-Tem, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
1. Closed Session
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant
to Government Code Section 54956.9(a) and (d)(1):
a.Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS2015337
b.Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS203562
Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court
c.
Case No. CIVDS2012538
d.Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012926
e.Don Smith v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVSB2025375
f.Matthew Brown v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVSB2025900
(B) CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(c): Two Cases
7:00 P.M.
Mayor and City Council of the City of San Bernardino Page 3 Printed 2/26/2021
Regular Meeting Agenda March 3, 2021
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
CITY MANAGER UPDATE
APPOINTMENTS
2. Planning Commission Appointment (Ward 7)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. Ronnie E. Lewis, III to the Planning
Commission,representing Ward 7. Mr. Lewis will replace Edward G. Woolbert with
the term ending December 2024.
3. Animal Control Commission Appointment (Ward 7)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Alberta (Bertie) R. Vanettes to the
Animal Control Commission representing Ward 7. Ms. Vanettes will replace Marilyn
F. Taub with the term ending December 2024.
4. General Plan Advisory Committee 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. Paul Guerrero to the General Plan
Advisory Committee representing Ward 1 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
PRESENTATIONS
5. Proclamation - National Employee Appreciation Day - March 5, 2021 (All
Wards)
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
STAFF REPORTS
6. Commercial Cannabis Business Permit Forfeitures Update (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept the Commercial Cannabis Business Permit Forfeitures Update.
7. Carousel Mall -Developer Selection (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California receive a report and provide staff direction regarding the development of
the Carousel Mall property.
Mayor and City Council of the City of San Bernardino Page 4 Printed 2/26/2021
Regular Meeting Agenda March 3, 2021
8. 2021 SCAG General Assembly Delegate and Alternate (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the selection of a Delegate and Alternate to the 2021 Southern
California Association of Governments (SCAG) Regional Conference and General
Assembly (GA) May 6, 2021, remote participation only web-conference via Zoom.
9. FY 2020/21 Mid-Year Budget Report (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and File the FY 2020/21 Mid-Year Budget Report;
2. Authorize staff to proceed with preparing and soliciting Requests for Proposals
(RFPs) for the replacement of the City’s building and safety permitting system,
Public Works work order and asset management system,and financial
management payroll and timekeeping system; and
3. Authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in
the FY 2020/21 Mid-Year Budget Report to include recommended changes from
the Mayor and City Council.
10. Design Services Agreement for Nicholson Neighborhood Park Improvements
(Ward 6)
Recommendation
Adopt Resolution No. 2021-37 of the Mayor and City Council of the City of San
Bernardino, California, approving the award of a Design Services Agreement with
RHA Landscape Architects Planners, Inc.,in the amount of $215,295 for Design
Services for the Nicholson Neighborhood Park Improvements Project (PR21-006).
11. Third Amendment to Lease Agreement with Vanir Tower Building, Inc. (Ward
1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution 2021-33 authorizing the City Manager to execute
Amendment No. 3 to the Lease Agreement with Vanir Tower Building, Inc., for 290
North D Street, San Bernardino, California, increasing rental space to include Suite
803, and extending the Lease Agreement through June 30, 2024.
PUBLIC HEARINGS
12. Community Facilities District No. 2018-1 (Safety Services) Annexation No. 3
(Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
Mayor and City Council of the City of San Bernardino Page 5 Printed 2/26/2021
Regular Meeting Agenda March 3, 2021
1. Hold a Public Hearing;
2. Adopt Resolution No. 2021-38 Resolution of the Mayor and City Council of the
City of San Bernardino, California, acting as the legislative body of the City of
San Bernardino Community Facilities District No. 2018-1 (Safety Services), and
calling elections therein;
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2021-39 Resolution of the Mayor and City Council of the
City of San Bernardino, California, acting as the legislative body of the City of
San Bernardino Community Facilities District No. 2018-1 (Safety Services)
certifying the results of the March 3, 2021 annexation and special tax election.
13. Community Facilities District No. 2019-1 (Maintenance Services): Annexation
No. 7 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2021-40 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. 7);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2021-41 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. 7);
5. Introduce Ordinance No. MC-1554 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 2021-22 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, streets, street
sweeping, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District
No. 2019-1 (Maintenance Services); and
6. Schedule the final reading and adoption of Ordinance No MC-1554 for March
17, 2021.
14. Community Facilities District No. 2021-1 (Ferree Street) Formation (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a public hearing;
Mayor and City Council of the City of San Bernardino Page 6 Printed 2/26/2021
Regular Meeting Agenda March 3, 2021
2. Adopt Resolution No. 2021-42 of the Mayor and City Council of the City of San
Bernardino, California, establishing Community Facilities District No. 2021-1
(Ferree Street) of the City of San Bernardino, County of San Bernardino, State of
California, and the boundaries thereof and approving a Funding Agreement;
3. Adopt Resolution No. 2021-43 of the Mayor and City Council of the City of San
Bernardino, California, determining the necessity to incur a bonded indebtedness
for Community Facilities District No. 2021-1 (Ferree Street), submitting to the
qualified electors of the Community Facilities District a proposition to authorize
the levy of a special tax therein, to authorize such Community Facilities District to
incur a bonded indebtedness secured by the levy of a special therein to finance
certain types of public facilities and to establish an appropriations limit for such
Community Facilities District and calling a special election for the Community
Facilities District on a proposition for incurring such bonded indebtedness;
4. Adopt Resolution No. 2021-44 of the Mayor and City Council of the City of San
Bernardino, California calling a special election and submitting to the voters of
Community Facilities District No. 2021-1 (Ferree Street) of the City of San
Bernardino propositions regarding the annual levy of special taxes within the
Community Facilities District to pay principal of and interest on bonds thereof and
to pay the costs of public facilities and establishing an appropriations limit
therefor;
5. Adopt Resolution No. 2021-45 of the Mayor and City Council of the City of San
Bernardino, California declaring the results of the consolidated special elections
within Community Facilities District No. 2021-1 (Ferree Street); and
6. Conduct first reading of Ordinance No. MC-1555 of the Mayor and City Council of
the City of San Bernardino, California, acting as the legislative body of
Community Facilities District No. 2021-1 (Ferree Street), authorizing the levy of
special taxes in such community facilities district.
15. Community Facilities District No. 2019-1 (Maintenance Services): Annexation
No. 8 (Ward 6))
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. 2021-46 of the Mayor and City Council of the City of
San Bernardino, California, calling for 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. 8);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2021-47 ofthe Mayor and City Council of the City of
Mayor and City Council of the City of San Bernardino Page 7 Printed 2/26/2021
Regular Meeting Agenda March 3, 2021
San Bernardino, California, declaring election results for Community Facilities
District No. 2019-1 (Maintenance Services) (Annexation No. 8);
5. Introduce Ordinance No. MC-1556 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 2021-22 to pay the annual
costs of the maintenance and servicing of landscaping, lighting, streets, street
sweeping, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District
No. 2019-1 (Maintenance Services); and
6. Schedule the final reading and adoption of Ordinance No MC-1556 for March
17, 2021.
CONSENT CALENDAR
16. Biennial Review and Amendments to the City's Conflict of Interest Code (All
Wards)
Recommendation
Adopt Resolution No. 2021-48 of the Mayor and City Council of the City of San
Bernardino, California, approving and adopting the amended Conflict of Interest
Code pursuant to the Political Reform Act of 1974.
17. Approval of the Mayor and City Council Meeting Minutes (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the meeting minutes from the May 6, 2020, February 11, 2021,
and February 24, 2021, Mayor and City Council meetings.
18. Executive Order Extending Deadlines for Entitlements (All Wards)
Recommendation
Adopt Resolution No. 2021-49 of the Mayor and CityCouncil of the City of San
Bernardino, California, ratifying Executive Order 2021-01 of the Director of
Emergency Services for the City of San Bernardino, California, enacting and
implementing time extensions for land use entitlements, building plan check
approvals, building permits, and other miscellaneous deadlines due to the impacts
of the novel coronavirus (COVID-19) and other protective measures during a period
of local emergency.
19. First Amendment to the Community Development Block Grant Coronavirus
Subrecipient Agreement Between the City of San Bernardino and the Housing
Authority of the County of San Bernardino (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2021-50 authorizing the execution of the First Amendment
to the Community Development Block Grant Coronavirus Subrecipient
Agreement between the City of San Bernardino and the Housing Authority of the
Mayor and City Council of the City of San Bernardino Page 8 Printed 2/26/2021
Regular Meeting Agenda March 3, 2021
County of San Bernardino; and
2. Authorize the City Manager or Designee to take any further actions and execute
the First Amendment to the Agreement between the City of San Bernardino and
the Housing Authority of the County of San Bernardino.
20. Agreement with State of California for Permanent Local Housing Allocation
(PLHA) Program (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2021-51 authorizing the City Manager or Designee to enter
into an agreement with the State of California for the Permanent Local Housing
Allocation program and the accept the $1,622,027 grant; and
2. Direct the Finance Director to amend the FY 2020/21 adopted budget to
establish a new fund and program for PLHA for $1,622,027.
21. Code Amendment - Downtown Advisory Committee Final Reading (Wards 1 &
3)
Recommendation
Accept the final reading and adopt Ordinance MC-1552 of the Mayor and City
Council of the City of San Bernardino, California, adopting a Code Amendment to
Section 2.17.040 related to Appointment-Registered voters requirement-
Compensation-Oath, with the amendments identified by the Mayor and City Council
motion to approve the ordinance.
22. Memorandum of Understanding to Support the Making Hope Happen
Foundation Prepare a Promise Neighborhoods Program Application in
Partnership with San Bernardino City Unified School District (Ward: 1, 4 and
7)
Recommendation
Adopt Resolution No. 2021-52 of the Mayor and City Council of the City of San
Bernardino, California, directing the City Manager to sign and execute a Letter of
Support and Memorandum of Understanding to support the Making Hope Happen
Foundation prepare a Promise Neighborhoods Program application in Partnership
with San Bernardino City Unified School District.
23. Emergency Rental Assistance Program Committee (All Wards)
Recommendation
Adopt Resolution No. 2021-53 of the Mayor and City Council of the City of San
Bernardino, California, establishing the Emergency Rental Assistance Program
Committee.
24. Investment Portfolio Report for January 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 January 2021.
Mayor and City Council of the City of San Bernardino Page 9 Printed 2/26/2021
Regular Meeting Agenda March 3, 2021
25. Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for January and
February 2021.
26. Resolution Approving the Annual Renewal of the City’s Property Insurance
for FY 2021-22 (All Wards)
Recommendation
Adopt Resolution No. 2021-54 of the Mayor and City Council of the City of San
Bernardino, California, approving the annual renewal of the City’s property
insurance for a premium not to exceed $1,292,000 for the term beginning April 1,
2021 and ending March 31, 2022.
27. Construction Contract Award -Community Center Improvements (Wards 1, 6)
Recommendation
Adopt Resolution No. 2021-55 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a Construction Contract with JCOS Development, Inc., in
the amount of $374,800 to provide community center upgrades at Delmann
th
Heights Community Center and 5 Street Senior Center;
2. Authorizing project construction, construction contingencies and inspections
costs in the total amount of $191,704 for Delmann Heights Community Center
Upgrades Project (CIP PR21-005), and in the total amount of $248,900 for 5th
Street Senior Center Upgrades Project (CIP PR21-004); and
3. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
28. Exempt Surplus Land Declaration - San Marcos Street and Congress Street
Property (Ward 3)
Recommendation
Adopt Resolution No. 2021-35 of the Mayor and City Council of the City of San
Bernardino, California, declaring City-owned property commonly known as San
Marcos Avenue and Congress Street, located northerly of the southerly line of
Parcel 3 as shown on Parcel Map 19648 recorded in Parcel Map Book 253 Pages
51 and 52 records of San Bernardino County, APN 0274-011-29 (“Property”), as
“exempt surplus land,” as defined, and direct the City Manager to comply with the
requirements of the Surplus Land Act, Government Code, Section 54220 et seq., for
that exempt surplus land.
Mayor and City Council of the City of San Bernardino Page 10 Printed 2/26/2021
Regular Meeting Agenda March 3, 2021
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
29.Establishment of Ad Hoc and Standing Council Sub-Committees
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday,
March 17, 2021 via tele-conference. Closed Session will begin at 5:30 p.m. and Open Session
will begin at 7:00 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify
that the agenda for the March 3, 2021 Regular Meeting of the Mayor and City Council and the
Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was
posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California,
at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California,
and on the City’s website sbcity.org on February 26, 2021.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 11 Printed 2/26/2021
Regular Meeting Agenda March 3, 2021
NOTICE:Any member of the public may address this meeting of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency on any item appearing on the agenda by approaching the
microphone in the Council Chamber when the item about which the member desires to
speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
concerning any matter not on the agenda but which is within the subject matter
jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency may address the body at the end of
the meeting, during the period reserved for public comments. Said total period for public
comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. A three minute limitation shall apply to each member of the
public, unless such time limit is extended by the Mayor and City Council and the Mayor
and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to “share” his/her three minutes with any other
member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency. However, no
other action shall be taken nor discussion held by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
on any item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
Mayor and City Council of the City of San Bernardino Page 12 Printed 2/26/2021