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HomeMy WebLinkAbout03-17-2021 Public AgendaIMPORTANT COVID-19 NOTICE In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing , the Mayor and City Council meeting is not open f or public attendance at this time. All meeting s will be held via tele-conf erence. To view the live meeting: Select the link to view the live-stream on the City’s website: http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3010 or Spectrum & Frontier customers may view the broadcast on Channel 3. You may also view the archived video on the City’s website the day after the meeting. To provide public comments: Email your written comment to publiccomments@sbcity.org by 4:00 p.m. the day of the scheduled meeting; or Call (909)384-5208 and leave a recorded comment not to exceed three (3) minutes by 4:00 p.m. the day of the scheduled meeting. 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T o view PowerPoint presentations, written comments, or any revised documents for this meeting date select the link below: http://edocs.sbcity.org/WebLink/Browse.aspx?id=4107899&dbid=0&repo=SB Or visit the City Clerk’s page: From the City’s homepage www.sbcity.org select the Government category-> City Clerkon the Navigation menu select Search for Records Online-> Council Agendas->Current Year 2021->Meeting Date CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, MARCH 17, 2021 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, W ARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, W ARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, W ARD 5 Kimberly Calvin COUNCIL MEMBER, 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 acce ssed online by going to www.sbcity.org. Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/12/2021 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    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 (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. M.H., a minor by and through his guardian ad litem, Nakitta Young v. City of San Bernardino, et al., United States District Court Case No.5:20-cv-00242 JGB (KKx) (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two cases 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATION FROM CONGRESSMAN AGUILAR 1. Presentation from Congressman Aguilar - City-Specific Funding Details from the American Rescue Plan CITY MANAGER UPDATE Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/12/2021 APPOINTMENTS 2. 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. Reuben J. Arceo 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. 3. General Plan Advisory Committee Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Daniel E. Peeden to the General Plan Advisory Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 4. Arts and Historical Preservation Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Lucy J. Sunga to the Arts and Historical Preservation Commission representing Ward 6 with the term ending December 2024. Ms. Sunga will replace Rick Moss with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 5. Elected Official Compensation Advisory Board (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Michael J. Guillory to the Elected Official Compensation Advisory Board representing Ward 6 with the term ending December 2024. Mr. Guillory will replace Charlene M. Dixon with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 6. Planning Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Dolores Armstead to the Planning Commission representing Ward 6. Ms. Armstead will replace Anthony Jones with the term ending December 2024. Council Staff has verified that ap pointee is a registered voter within the City. 7. Public Safety and Human Relations Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Treasure Ortiz to the Public Safety and Human Relations Commission representing Ward 6. Ms. Ortiz will replace Walter A. Jarman with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/12/2021 PRESENTATIONS 8. Proclamation for Red Cross Month PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 9. Ad Hoc and Standing City Council Sub-Committee Review (All Wards) 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 establishment, purpose and scope of City Council sub-committees. 10. Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All Wards) Recommendation Adopt Resolution No. 2021-56 of the Mayor and City Council of the City of San Bernardino, California, acting in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino , authorizing the issuance of its refunding bonds; approving a form of indenture, a form of bond purchase agreement, a form of irrevocable refunding instructions, and a form of continuing disclosure agreement; making certain determinations relating thereto; and authorizing certain other action in connection therewith. PUBLIC HEARINGS 11. Final Environmental Impact Report, General Plan Amendment 20 -02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 – the Landing by San Manuel (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2021-57 of the Mayor and City Council of the City of San Bernardino, California, certifying the Final Environmental Impact Report (State Clearinghouse No. 2020100067), adopting the Facts, Findings, and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 20 -02 changing the General Plan Land Use Designation from Public/Quasi Public to Specific Plan of a parcel (APN: 0136-371-33) containing approximately 12.89 acres (Attachment 1); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1557 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20 -03 and Specific Plan Amendment 20-01 changing the Zoning District Classification from Public Facilities (PF) to Specific Plan - Alliance California (SP-AC) Third Street Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/12/2021 Land Use District of a parcel (APN: 0136-371-33) containing approximately 12.89 acres, consistent with a certified Final Environmental Impact Report (State Clearinghouse No. 2020100067) (Attachment 3); 3) Adopt Resolution No. 2021-58 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-D20-02 allowing the consolidation of four (4) parcels containing a total of approximately 52.97 acres and the development of an industrial warehouse containing approximately 1,153,644 square feet on a project site located on the south side of East 3 rd Street, between North Victoria Avenue and North Central Avenue (APN: 0136 - 371-18, 33, 36 and 37), consistent with a certified Final Environmental Imp act Report (State Clearinghouse No. 2020100067) (Attachment 5); and 4) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on April 7, 2021. 12. Substantial Amendment to FY 2020-2021 Action Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California hold a public hearing, and 1. Adopt a Substantial Amendment to the FY 2020-2021 Action Plan; 2. Direct the Finance Director to amend the Fiscal Year 2020-2021 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; 3. Direct the Finance Director to establish a new fund and associated accounts for the Community Development Block Grant (CDBG-CV3) pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; and 4. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan. 13. Street Vacation of Portion of 4Th Street (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1. Conduct a Public Hearing, per Street and Highway Code 8322 -8325, to consider comments on the proposed street vacation; and 2. Adopt Resolution 2021-59 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of 4 th Street and rescinding and repealing Resolution No. 2020-216 Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/12/2021 CONSENT CALENDAR 14. Resolution of the Mayor and City Council of the City of San Bernardino, California, Authorizing the City Manager to Execute the Third Amendment to the Legal Service Agreement with Carpenter, Rothans & Dumont, LLP Recommendation Adopted Resolution No. 2021-60, approving third amendment to the agreement with Carpenter Rothans & Dumont, LLP 15. 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 for the following meetings: 1) May 21, 2020, Special Meeting 2) September 16, 2021, Special Meeting; and 3) March 3, 2021, Regular Meeting 16. April, October, December 2020 and January, February 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in January, February, and March 2021. 17. Harris Building Parking Option Extension (Ward 1) Recommendation Adopt Resolution No. 2021-61 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redeve lopment Agency, approving the extension to the reciprocal easement agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) for parking. 18. 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. 19. General Plan Webpage (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file this report on the la unching of the City’s General Plan webpage - FutureSB2050.com. Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/12/2021 20. Local Early Action Planning Grant Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-62 authorizing the City Manager to submit an application for the Local Government Planning Support Grant Program. 21. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernar dino, California approve the commercial and payroll disbursements for February and March 2021. 22. Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services (All Wards) Recommendation Adopt Resolution No. 2021-63 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute tow service agreements with various tow service carriers and reaffirming tow carrier requirements. 23. Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5, 6) Recommendation Adopt Resolution No. 2021-64 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Pacific Play Systems, Inc. in the amount of $879,950 for the construction of Playground Equipment Replacement-Phase 3 (CIP PR21-001) (“Project”); and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $1,012,270 for the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. 24. Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6) Recommendation Adopt Resolution No. 2021-65 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Martinez Concrete, Inc. in the amount of $412,550 to provide Citywide annual concrete repairs; and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $483,032 for Citywide Annual Concrete Repairs Project (CIP SS-D); and Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/12/2021 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 25. Final Reading and Adoption of Ordinance MC-1554 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adoption of Ordinance MC-1554 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 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 capita l replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services). 26. Final Reading and Adoption of Ordinance MC-1556 (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct final reading and adoption of Ordinance MC-1556 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of the maintenance a nd 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). ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 27. Restricted Truck Routes- Council Member Alexander ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT The Mayor and City Council will adjourn to a special meeting that will be held on Wednesday, March 31, 2021 via tele-conference. Open Session will begin at 5:30 p.m. Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/12/2021 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 17, 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 Friday, March 12, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/12/2021 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 Coun cil 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 exte nded 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 Counc il 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.