Mayor and City Council
February 2, 2022

Section-CALL TO ORDER<br?>Item-Attendee NameCouncil Member, Ward 1 Theodore SanchezCouncil Member, Ward 2 Sandra IbarraMayor Pro-Tem, Ward 3 Juan FigueroaCouncil Member, Ward 4 Fred ShorettCouncil Member, Ward 5 Ben ReynosoCouncil Member, Ward 6 Kimberly CalvinCouncil Member, Ward 7 Damon L AlexanderMayor John ValdiviaCity Manager Robert D. FieldCity Attorney Sonia CarvalhoCity Clerk Genoveva Rocha<br?>Section-5:30 P.M.Section-CLOSED SESSION PUBLICSection-COMMENT CLOSED SESSION P. 12Item-A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONSignificant exposure to litigation (Pursuant to Government Code Section54956.9(d)(2)): One Item.ItemUnderItem-a. Request from Mayor John Valdivia dated December 8, 2021 (deliveredelectronically December 9, 2021) requesting defense in the followingcases: Jackie Aboud v. John Valdivia, et al., Case No. CIVDS2013562;Karen Cervantes v. John Valdivia, et al., Case No. CIVDS2012538; MirnaCisneros v. John Valdivia, et al., Court Case No. CIVDS2012926; DonaldSmith v. John Valdivia, et al., Case No. CIVSB2025375; and MatthewBrown v. City of San Bernardino, Case No. CIVSB2025900Item-B. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government CodeSection 54957.6):<br>Agency Designated Representative: City ManagerEmployee Organizations: San Bernardino Confidential Management Association<br>(Office of the City Manager)Section-7:00 P.M.Section-INVOCATION AND PLEDGE OF ALLEGIANCESection-CLOSED SESSION REPORTSection-CITY MANAGER UPDATESection-MAYOR & CITY COUNCIL UPDATES & CONFERENCES/MEETINGS ATTENDEDSection-PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDASection-APPOINTMENTSItem-2. Arts and Historical Preservation Commission Appointment (Mayor’sAppointment) P. 13 RecommendationIt is recommended that the Mayor and City Council of the City of San Bernardino,California, approve the appointment of Mr. Alfredo Quirarte to the Arts and HistoricalPreservation Commission representing the Mayor. Mr. Quirarte will replace MichaelA. Lara with the term ending December 2022. Council Staff has verified that theappointee is a registered voter within the City.STAFF REPORTS3. Parks, Recreation and Community Services Commission Appointment(Mayor’s Appointment) P. 22RecommendationIt is recommended that the Mayor and City Council of the City of San Bernardino,California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreationand Community Services Commission representing the Mayor. Mr. Quirarte willreplace Richard P. Avila with the term ending December 2022. Council Staff hasverified that the appointee is a registered voter within the City.Section-DISCUSSIONItem-4. Mayor, City Council, and Candidate Residency Policy (All Wards) P. 30RecommendationAdopt Resolution No. 2022-24 of the Mayor and City Council of the City of SanBernardino, California, establishing the City of San Bernardino Residency Policy forMunicipal Elections Candidates and Elected Officials.Item-5. Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards) P. 45RecommendationIt is recommended that the Mayor and City Council of the City of San Bernardino,California:1. Review and consider placement of a charter amendment to eliminate the positionof the elected at-large Mayor on the ballot for the June 7, 2022, primary election;And, if Council wishes:2. Adopt Resolution No. 2022-25 of the Mayor and City Council of the City of SanBernardino, California, submitting to the qualified voters of the City a proposedamendment to the City Charter to eliminate the office of the elected at-largeMayor and replace it with a Mayor appointed on an annual basis from among theseven elected council members at a primary municipal election to beconsolidated with the Statewide Primary Election to be held on June 7, 2022;directing the City Attorney to prepare an impartial analysis of the proposedcharter amendment; and providing for the filing of primary and rebuttal argumentsand setting rules for the filing of written arguments regarding the proposedCharter amendment.Item-6. Assignment of American Rescue Plan Funds (All Wards) P. 104RecommendationIt is recommended that the Mayor and City Council of the City of San Bernardino,California:1) Adopt Resolution No. 2022-26 assigning, from American Rescue Plan (ARP)funds held in reserve:
a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding,b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding,c. $4,000,000 to the Small Business and Non-Profit Assistance Grant Program,andd. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of thedisused parking lot in Lytle Creek Park to a soccer field;2) Authorize the Finance Director to amend the FY 2021/22 Operating and CapitalBudget by $23,050,000; and3) Direct the City Manager to continue to pursue grant opportunities for theSeccombe Lake Park renovation project and the Nicholson Park renovationproject, and if grant funds become available before the deadline for thecommitment of ARP funds, authorize the Finance Director to reassign back toreserves for reallocation by Council the ARP funds herein assigned forSeccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount ofany grants received.Item-7. Ordinance Restricting the Duration of Interim or Acting Director Positions (AllWards) P. 136RecommendationIntroduce, read by title only, and waive further reading of Ordinance MC-1572 of theMayor and City Council of the City of San Bernardino, California, adding Section2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Coderestricting the duration of Interim or Interim Director positions to six months.Section-CONSENT CALENDARItem-8. Final Reading of Ordinance Amending Chapter 2.82.10 of the San BernardinoMunicipal Code, Adjusting the Salary for the Position of Mayor (All Wards) P. 143RecommendationAdopt Ordinance No. MC-1571 of the Mayor and City Council of the City of SanBernardino, California, amending Chapter 2.82.010 of the San Bernardino MunicipalCode to adjust the salary of the Mayor to $50,000 annually to appropriately reflectthe duties of the office following the 2016 amendment of the City Charter.Item-9. Final Reading of Ordinance Allowing Contract Approval by Minute Action (AllWards) P. 249RecommendationAdopt Ordinance No. MC-1569 of the Mayor and City Council of the City of SanBernardino, California, amending Section 3.04.070 of the San Bernardino MunicipalCode to permit the approval of contracts by minute action in addition to byresolution.Item-10. Approval of Commercial and Payroll Disbursements (All Wards) P. 254RecommendationIt is recommended that the Mayor and City Council of the City of San Bernardino,California approve the commercial and payroll disbursements for December 2021.Item-11. Investment Portfolio Report for November 2021 (All Wards) P. 339RecommendationIt is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for November2021.Item-12. Police Dispatch Employees Memorandum of Understanding (All Wards) P. 352RecommendationAdopt Resolution No. 2022-13 of the Mayor and City Council of the City of SanBernardino, California, approving the Police Dispatch Employees Memorandum ofUnderstanding (MOU), Job Descriptions, and Updating the City-wide SalarySchedule.Item-13. Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (AllWards) P. 416RecommendationAdopt Resolution No. 2022-23 of the Mayor and City Council of the City of SanBernardino, California, authorizing the City Manager to execute the FirstAmendment to Legal Services Agreement with Lawrence Beach Allen & Choi(LBAC) for representation in the United States District Court Case No. 5:20-CV-1189-KK.Item-14. Accept FY 2019 Homeland Security Grant (All Wards) P. 428RecommendationAdopt Resolution No. 2022-27 of the Mayor and City Council of the City of SanBernardino, California, authorizing the acceptance of the FY2019 HomelandSecurity Grant Program (HSGP) funds and increasing the FY2021/2022 AdoptedBudget revenue and expenditures by $38,247.Item-15. Amendment No. 4 to Agreement with Engineering Resources of SouthernCalifornia (Ward 6) P. 435RecommendationAdopt Resolution No. 2022-15 of the Mayor and City Council of the City of SanBernardino, California, approving Amendment No. 4 to the Professional EngineeringServices Agreement with Engineering Resources of Southern California (ERSC) fordesign services related to the 40th Street widening from Johnson Street to ElectricAvenue; and authorizing the City Manager, or designee, to execute all documents insupport of the amendment.Item-16. Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK andAssociates (All Wards) P. 690RecommendationAdopt Resolution No. 2022-16 of the Mayor and City Council of the City of SanBernardino, California, authorizing the execution of Amendment No. 1 to theProfessional Services Agreement with EC&AM Associates, Inc., dba GK andAssociates, extending the contract term to December 31, 2022, and increasing thetotal contract amount to $300,000.Item-17. Amendment No. 1 to Agreement with Advanced Applied Engineering, Inc.,DBA Infrastructure Engineers (All Wards) P. 715RecommendationAdopt Resolution No. 2022-17 of the Mayor and City Council of the City of SanBernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with Advanced Applied Engineering, Inc. dbaInfrastructure Engineers extending the contract term to December 31, 2022, andincreasing the total contract amount to $300,000.Item-18. First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) P. 741RecommendationAdopt Resolution No. 2022-18 of the Mayor and City Council of the City of SanBernardino, California:1. Approving the First Amendment to the Professional Services Agreement withKabbara Engineering for Pepper Avenue Rehabilitation Capital ImprovementPlan (CIP) Project;2. Approving the appropriation of funds in the amount of $6,120 from the Measure IFund to Pepper Avenue Rehabilitation CIP Project; and3. Approving an increase to Purchase Order No. 2021-792 in the amount of $6,120for a total amount of $241,031.Item-19. Resolution Declaring Intent to Annex Territory: Community Facilities DistrictNo. 2019-1 (Maintenance Services): Annexation No. 13, Tax Zone No. 14(Magic Wash) (Ward 3) P. 772RecommendationAdopt Resolution No. 2022-22 of the Mayor and City Council of the City of SanBernardino, California, declaring its intention to annex territory into CommunityFacilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino,adopting a map of the area to be proposed (Annexation No. 13) and authorizing thelevy of a special taxes therein.Item-20. Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (AllWards) P. 810RecommendationAdopt Resolution No. 2022-19 of the Mayor and City Council of the City of SanBernardino, California:1. Authorizing the Director of Finance to amend the FY 2021/22 CapitalImprovement Plan, recording a supplemental appropriation in the amount of$1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project;2. Approving the award of a Construction Contract with All American Asphalt, Inc.,in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1);3. Authorizing project construction, construction contingencies and inspection costsin the total amount of $5,500,000 for Citywide Pavement Rehabilitation (SB1)Project (CIP SS-22-001); and4. Authorizing the City Manager or designee to expend the contingency fund, ifnecessary, to complete the project.Item-21. Irrevocable Agreement to Annexation No. 2022-368 (Ward 6) P. 874RecommendationAdopt Resolution No. 2022-20 of the Mayor and City Council of the City of SanBernardino, California, approving the application to the Local Agency FormationCommission to provide City sewer services to a property within unincorporatedterritory located at 19472 Cajon Boulevard (APN 0262-021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex.Item-22. Resolution Declaring Intent to Annex Territory: Community Facilities DistrictNo. 2019-1 (Maintenance Services): Annexation No. 11, Tax Zone No. 12 (1435W. (Ward 3) P. 890RecommendationAdopt Resolution No. 2022-21 of the Mayor and City Council of the City of SanBernardino, California, declaring its intention to annex territory into CommunityFacilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino,adopting a map of the area to be proposed (Annexation No. 11) and authorizing thelevy of a special taxes therein.Section-ITEMS TO BE CONSIDERED FOR FUTURE MEETINGSItem-23. Contract with Placeworks, Separate from the General Plan, to Complete theRestricted Truck Routes Within a One-Year Time Frame. (All Wards) (CouncilMember Reynoso)Section-ADJOURNMENTItem-The next joint regular meeting of the Mayor and City Council and the Mayor and CityCouncilActing as the Successor Agency to the Redevelopment Agency will be held on Wednesday,February 16, 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 7:00p.m.