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HomeMy WebLinkAbout05-19-2021 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: https://sbcity.tiny.us/MCC051921 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: Submit a written comment online via http://sbcity.tiny.us/comments ; Or Email your written comment to publiccomments@sbcity.org before 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 before 4:00 p.m. the day of the scheduled meeting. The subject line of your email should include the meeting date, w hether your comment is for the Special Meeting, Closed Session, or Open Session, and w hether it is for public comment or for a specific agenda item. Example: 05/5/21 – Open Session - Agenda Item No. 5 To provide public comments for a Public Hearing: Send an email to publiccomments@sbcity.org before 4:00 p.m. the day of the scheduled meeting. Include your name, telephone number, and the agenda item number. At the time of the requested agenda item, the City Clerk will call the commenter. Each person will be allowed to speak f or up to three-minutes. W ritten comments will be provided to the Mayor and City Council prior to the meeting and will be posted online f or public review, but will not be read aloud. Voicemail comments will be played aloud during the appropriate public comment portion of the meeting. Please note that written & recorded comments received after the deadline will not be included in the record until the next regular meeting. Recorded comments received past the deadline will not be played during the meeting. To view Po werPoint presentations, written comments, or any revised documents f or this meeting date select the link: https://sbcity.tiny.us/agendabackup051921 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, MAY 19, 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 accessed online by going to www.sbcity.org. Regular Meeting Agenda May 19, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/14/2021 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) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to Government Code Section 54957): Discussion of evaluation procedures and preparation for annual evaluation of Mayor and City Council appointees. Title: City Manager Title: City Attorney Title: City Clerk (B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i). 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) (C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property Address: Carousel Mall Property, 43 acres Agency Negotiator: Robert D. Field, City Manager, or designee Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group Under Negotiation: Price and Terms (D) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case Regular Meeting Agenda May 19, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/14/2021 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR AND CITY COUNCIL UPDATES PRESENTATIONS 1. Supervisor Joe Baca, Jr. - Roadmap to Revitalization for San Bernardino PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA APPOINTMENTS 2. 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. Savannah J. Taylor to the Public Safety and Human Relations Commission representing Ward 6. Ms. Taylor will replace Walter A. Jarman with the term ending December 2024. Council staff has verified that appointee is a registered voter within the City. 3. Electoral Redistricting Advisory Committee (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of James R. Albert to the Elector al Redistricting Advisory Committee representing Ward 7 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 4. General Plan Advisory Committee Appointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Richard Kaplan to the General Plan Advisory Committee representing Ward 5 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 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Diallo R. Changamire Johnson to the Elected Official Compensation Advisory Board representing Ward 7 with the term ending December 2024. Mr. Johnson will replace Michael Tacchia with the term ending December 2024. Council Staff has verified that appointee is a registe red voter within the City. Regular Meeting Agenda May 19, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/14/2021 DISCUSSION 6. Establishment of Local Campaign Finance Regulations (All Wards) Recommendation Staff recommends that the City Council either: (1) Review and Provide Further Direction to Staff Regarding the Proposed Ordinance; or (2) Introduce, Read by Title Only, and Waive Further Reading of Ordinance No. MC-1558 Adding Chapter 2.55 to the City of San Bernardino Municipal Code Relating to Local Campaign Finance Regulations and Direct Staff To Propose Necessary Budget Adjustments at Time of Ordinance Adoption. 7. City Charter Amendment Process Recommendation Review and consider options available to amend the City Charter and provide staff direction. 8. Information on Warehousing Uses Recommendation Staff recommends the City Council review the report and provide direction regarding whether it wishes to consider warehouse development standards as planned (i.e., as part of the update to the General Plan and Development Code) or if it wishes for staff to prepare an urgency ordinance for more immediate consideration. 9. Commercial Truck Route Implementation (Ward All) Recommendation Provide direction on the establishment of commercial truck routes in the City. 10. Successor Agency Action: Final Approval of 2010A Series Tax Allocation Bond Refunding (All Wards) Recommendation Adopt Resolution No. 2021-113 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, approving a form of preliminary official statement in connection with the sale and delivery of its tax allocation refunding bonds; making certain determinations relating thereto; and authorizing certain other action in connection therewith. 11. Receive an Oral Report on Measure S Committee Recommendations Regarding the Proposed FY 2021/22 Operating and Capital Budget and the Use of Measure S Revenue (All Wards) Regular Meeting Agenda May 19, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/14/2021 PUBLIC HEARINGS 12. Appeal 21-01 for DP-P 20-10 & ME 20-01 (Ward 7) Recommendation Adopt Resolution No. 2021-101 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 21-01, thereby upholding the Planning Commission’s approval of Development Permit Type -P 20-10 and Minor Exception 21-01 allowing the development and establishment of a commercial retail building containing approximately 10,542 square feet with a nine percent (9%) reduction of the number of required off-street parking spaces from 35 to 32 spaces on a project site comprised of two (2) parcels containing a total of approximately 0.83 acres, located at 3191 North E Street (APN: 0152 -163-18 and 19) within the Commercial General (CG-1) Zone. CONSENT CALENDAR 13. 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 draft meeting minutes for the May 5, 2021, Regular Meeting of the Mayor and City Council. 14. Hometown Heroes Military Banner Program Policy and Dissolution of Standing City Council Sub-Committees (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-114 establishing the Hometown Heroes Military Banner Program Policy; and 2. Adopt Resolution No. 2021-115 dissolving all Standing City Council Sub- committees including Legislative Review Committee, Community Development Block Grant Committee, and the Hometown Heroes Military Banner Committee. 15. Notice of Availability of Surplus Land - Carousel Mall (Ward 1) Recommendation Adopt Resolution No. 2021-116 of the Mayor and City Council of the City of San Bernardino, California, declaring City-owned property fronting Second Street on the south, Fourth Street on the north, E Street on the east, and G Street on the west and commonly known as the Carousel Mall, as surplus land; approve the form of Notice of Availability attached to the resolution; and direct the City Manager to comply with the requirements of the Surplus Land Act, Government Code, Section 54220 et seq., for the disposition of the Carousel Mall. Regular Meeting Agenda May 19, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/14/2021 16. February, March and April 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation It is recommended that the Mayor and City Council of the City of S an Bernardino, California, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in March and April 2021. 17. Resolution to Approve the City Investment Policy for FY 2021/22 Recommendation Adopt Resolution No. 2021-117 of the Mayor and City Council of the City of San Bernardino, California, approving the City Investment Policy for FY 2021/22. 18. Investment Portfolio Report for April 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 April 2021. 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 April and May 2021. 20. First Amendment to Consultant Services Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Ward 1) Recommendation Adopt Resolution No. 2021-118 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the First Amendment to Professional Services Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants (“First Amendment”) in the amount of $69,630.20 for additional design for the Montgomery Ward Service Center Soil Vapor Extraction Pilot Test Work Plan Implementation (“Project”), and Extending the agreement term through December 31, 2022; and 2. Authorizing the Director of Finance to record a budget adjustment for the Project in the amount of $69,630.20 in the Successor Agency Bond Proceed Account #710-130-0143-5502 and to amend the Purchase Order to Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and 3. Authorizing the City Manager, or designee, to execute the First Amendment. 21. Resolution Adopting SB1 2021/2022 Road Maintenance Program List of Projects (All Wards) Recommendation Adopt Resolution No. 2021-119 of the Mayor and City Council of the City of San Bernardino, California, approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission; Regular Meeting Agenda May 19, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/14/2021 adopting a list of projects for Fiscal Year 2021/22 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017. 22. Fiscal Year 2021/22 Assessment Levies for Previously Formed Districts (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-120, declaring intention to levy and collect assessments within Assessment District 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, 9 97, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2021/22, approving the Engineer’s Report and providing notice of the time and place of hearing proposed assessments; and 2. Adopt Resolution No. 2021-121, declaring intention to levy and collect assessments within Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2021-22, approving the Engineer’s Report and providing notice of time and place of hearing on proposed assessments; and 3. Adopt Resolution No. 2021-122, declaring intention to levy and collect assessments within Assessment District Nos. 1025 and 1027 for Fiscal Year 2021-22, approving the Engineer’s Report and providing notice of time and place of hearing on proposed assessments; and 4. Adopt Resolution No. 2021-123, declaring intention to levy and collect assessments within 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, 10 54, 1055, 1056, 1057, 1059, 1060, 1063, 1064, and 1068 for Fiscal Year 2021 -22, approving the Engineer’s Report and providing notice of time and place of hearing on proposed assessments; and 5. Adopt Resolution No. 2021-124, declaring intention to levy and collect assessments within Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2021/22, approving the Engineer’s Report and providing notice of time and place of hearing on proposed assessments. Regular Meeting Agenda May 19, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/14/2021 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 23. Extend Public Notifications for Public Hearings from 500 to 1,000 Feet - Council Member Alexander 24. Re-Establish the Luis Ojeda San Bernardino Food Fest Extravaganza as a City Coordinated and Sponsored Monthly or by Monthly Event - Council Member Sanchez 25. Establishment of a Data Driven Pavement Management System to Continually Assess the Condition of the City’s Roadways and the Creation of a User - Friendly and Transparent Tool to Allow Council, Staff, and the Public to Visualize the Condition of the City’s Street Assets. - Council Member Sanchez 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, June 2, 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 May 19, 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 May 14, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda May 19, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/14/2021 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 th e 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 r aised 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 Redevelopme nt 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.