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Home My WebLink About04-15-2020 Annotated Agenda CITY OF SAN BERNARDINO ANNOTATED 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, APRIL 15,2020 5:30 PM –CLOSED SESSION 7:00 PM –OPEN SESSION W EB-C ONFERENCE •V IA Z OOM •S AN B ERNARDINO,CA 92410 •WWW.SBCITY.ORG IMPORTANT COVID-19 NOTICE IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF COVID-19 (CORONAVIRUS) AND TO ENABLE APPROPRIATE SOCIAL DISTANCING, THE MAYOR & CITY COUNCIL MEETING WILL NOT BE OPEN TO PUBLIC ATTENDANCE. THE CITY OF SAN BERNARDINO ENCOURAGES THE PUBLIC TO VIEW THIS MAYOR & CITY COUNCIL MEETING ON TELEVISION OR ONLINE. THE MEETING IS BROADCAST LIVE ON TIME WARNER CHANNEL 3 OR CHARTER SPECTRUM CHANNEL 3 AND LIVE STREAMED ONLINE AT http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2834 MEMBERS OF THE PUBLIC WHO WISH TO COMMENT ON MATTERS BEFORE THE MAYOR & CITY COUNCIL MAY PARTICIPATE IN THE FOLLOWING WAYS: (1) COMMENTS AND CONTACT INFORMATION CAN BE EMAILED TOpubliccomments@SBCity.OrgBY 4:30 P.M. THE DAY OF THE SCHEDULED MEETING TO BE INCLUDED IN THE WRITTEN RECORD; (2) CALLING 909-384-5128, LEAVING A RECORDED MESSAGE, BY 4:30 P.M. THE DAY OF THE SCHEDULED MEETING, NOT TO EXCEED THREE MINUTES, WHICH WILL THEN BE PLAYED DURING THE PUBLIC COMMENT SECTION OF THE AGENDA (3) IF YOU WISH TO MAKE A COMMENT DURING THE PUBLIC HEARING A REQUEST TO SPEAK CAN BE EMAILED TOpubliccomments@SBCity.OrgAND AT THE TIME OF THE REQUESTED AGENDA ITEM, THE CITY CLERK WILL PLACE A PHONE CALL TO THE COMMENTER AND ALLOW THEM TO SPEAK TO THE MAYOR & COUNCIL VIA SPEAKER PHONE DURING THE LIVE MEETING FOR UP TO THREE MINUTES. PLEASE INDICATE ON WHICH ITEM YOU WISH TO SPEAK AND INCLUDE YOUR NAME & PHONE NUMBER. Regular Meeting Annotated Agenda April 15, 2020 John Valdivia Theodore SanchezJames Mulvihill M AYOR M AYOR P RO-T EM,W ARD 1C OUNCIL M EMBER,W ARD 7 Sandra IbarraTeri Ledoux C OUNCIL M EMBER,W ARD 2C ITY M ANAGER Juan FigueroaSonia Carvalho C OUNCIL M EMBER,W ARD 3C ITY A TTORNEY Fred Shorett Genoveva Rocha C OUNCIL M EMBER,W ARD 4A CTING C ITY C LERK Henry Nickel C OUNCIL M EMBER,W ARD 5 Bessine L. Richard C OUNCIL M EMBER,W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Please contact the City Clerk’s Office (909) 384-5002two 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. CALL TO ORDER Attendee NamePresentAbsentLateArrived Mayor Pro-Tem, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Henry Nickel Council Member, Ward 6 Bessine L. Richard Council Member, Ward 7 James Mulvihill Mayor John Valdivia Acting City Clerk Genoveva Rocha City Attorney Sonia Carvalho City Manager Teri Ledoux Mayor and City Council of the City of San BernardinoPage 2Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 5:00P.M. PUBLIC COMMENT: At this time, the comments for Closed Session were heard. CLOSED SESSION (A)CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i.David Miller v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10159 ii.Sencio Chavez v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9611 iii.George Gabera v. City of San Bernardino, Workers’ Comp. Claim No. CBSY- 9485 iv.Thomas Shank v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10413 v.Gregory Parker v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ1092715; ADJ3728783; ADJ4657808; ADJ693593; ADJ9657857; and ADJ10586898 vi.Carmen Acosta v. City of San Bernardino, Workers’ Comp. Claim No. 17- 132061 vii.Jonathan Keil v. City of San Bernardino, Workers’ Comp. Claim No. CSBY10171 viii.Daniel Han v. City of San Bernardino, Workers’ Comp. Claim No. 18-137756 ix.Kimberly Graham v. City of San Bernardino, Workers’ Comp. Claim No. 17- 132017 x.David Johnson v. City of San Bernardino, Workers’ Comp. Claim No. 18- 137083 xi.Michael Gomez v. City of San Bernardino, Workers’ Comp. Claim No. 18- 139152 xiiRandall Wilson v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 8968 xiii.Joey Zink v. City of San Bernardino, Workers’ Comp. Case No. ADJ2194535 (B)CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case (C)PUBLIC EMPLOYEE APPOINTMENTS -Pursuant to Government Code Section 54957(b): City Manager initiated to discuss procedure related to future appointments Mayor and City Council of the City of San BernardinoPage 3Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 7:00 P.M. Mayor Pro-Tem Sanchez called the meeting to order at 7:16 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE At this time, Mayor John Valdivia joined the Open Session and led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalhoreported that three items were discussed in Closed Session and that there was reportable action on Item B –Conference with Legal Counsel –Anticipated Litigation, The City Council voted with a vote of 6-1 (COUNCILMEMBER IBARRA OPPOSED), to initiate litigation against Southern California Edison to recover underpaid utility user tax payments to the City. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time the voice recorded public comments were played by the Acting City Clerk for the Mayor and City Councilmembers. STAFF REPORTS 1.COVID-19–Impact on City Operations and Revenue Recommendation Receive an update on the impact the novel coronavirus (COVID-19) pandemic is anticipated to have on City operations and revenue. RESULT: Received and Filed 2.Results of the Letter of Interest for the Bice Property Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, consider: 1.Directing the City Manager to proceed with the preparation of an Exclusive Right to Negotiate Agreement (“ENA”) between the City of San Bernardino and SA Marina, LLC for the purchase and development of the Bice property; and 2.Requesting that the final draft ENA come before the Mayor and City Council for final consideration. Mayor and City Council of the City of San BernardinoPage 4Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 RESULT: Motion to table them item and reconsider once the General Specific Plan has been reviewed and revised. \[7-0\] MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None 3.Resolution Authorizing Submittal of an Application for Permanent Local Housing Allocation Funds Recommendation Adopt Resolution No. 2020-60 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or Assistant City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation Funds from the California Department of Housing and Community Development. RESULT: Adopt Resolution No. 2020-60 \[7-0\] MOVER: Sandra Ibarra, Councilmember, Ward 2 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None 4.Introduction and First Reading of Ordinance MC-1535–Pertaining to the Use of Fireworks Within City Limits 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 MC- 1535, amending Chapters 8.60 and 8.61 of Title 8 and Chapter 9.93 of Title 9 of the San Bernardino Municipal Code, pertaining to the use of fireworks within city limits. RESULT: Introduced, read by title, and waived furtherreading of Ordinance MC-1535\[7-0\] MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None 5.Budget Amendment for the Officesof the Mayor and City Manager and Ordinance Amending Chapter 2.02 of the Municipal Code 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 BernardinoPage 5Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 1.Amend the FY 2019/20 Adopted Budget to transfer the Mayor’s Chief of Staff (U), Assistant to the Mayor II (U), Senior Customer Service Representative (U) and part-time personnel from the Office of the Mayor to the Office of the City Manager effective April 16, 2020. 2.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1534, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.02 of the San Bernardino Municipal Code assigning responsibility to the City Manager for the administration of the Offices of the City Council, Mayor and City Attorney. MOTION BY COUNCILMEMBER FIGUEROA, SECOND BY COUNCILMEMBER SANCHEZ, CARRIED 7-0, TO TAKE A SEPARATE VOTE ON EACH ITEM. MOTION BY COUNCILMEMBER SANCHEZ, SECOND BY COUNCILMEMBER NICKEL, CARRIED 7-0, TO AMEND THE FY 2019/20 ADOPTED BUDGET TO TRANSFER THE MAYOR’S CHIEF OF STAFF (U), ASSISTANT TO THE MAYOR II (U), SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) AND PART-TIME PERSONNEL FROM THE OFFICE OF THE MAYOR TO THE OFFICE OF THE CITY MANAGER EFFECTIVE APRIL 16, 2020. MOTION BY COUNCILMEMBER SANCHEZ, SECOND BY COUNCILMEMBER, to exclude the Council Staff but continue to include the City Attorney and Mayor’s Staff. Councilmember Nickel introduced a secondary motion: After Councilmember Nickel’s motion was seconded by Councilmember Shorett, Councilmember Ibarra stated she would second Councilmember Sanchez’s motion. The Mayor did not recognize Councilmember Sanchez’s motion. MOTION BY COUNCILMEMBER NICKEL, SECOND BY COUNCILMEMBER SHORETT, CARRIED 4-3 (OPPOSED BY COUNCILMEMBERS, IBARRA, FIGUEROA, RICHARD) approve by Minute Order appoint the City Manager overseeing supervisory responsibility for the City Council and City Attorney Staff and that she will continue in that capacity until such time. Discussion on Item No. 6 ensued, and at the time, Councilmember Sanchez informed that he would like to change his vote on Item No. 5 and open the item for discussion. MOTION BY COUNCILMEMBER SANCHEZ, SECOND BY COUNCILMEMBER IBARRA, CARRIED 4-2 (OPPOSED BY COUNCILMEMBERS SHORETT AND RICHARD) to reconsider of the vote on Item No. 5. \[See final result on the next page\] Mayor and City Council of the City of San BernardinoPage 6Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 RESULT:ADOPTED \[4-3\] Approve by Minute Order to appoint the City Manager as overseeing supervisory responsibility for the Mayor, City Council, and City Attorney Staff and that she will continue in that capacity until such time. MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Henry Nickel, Council Member, Ward 5 AYES:Sanchez, Shorett, Nickel, and Mulvihill NAYS:Ibarra, Figueroa,and Richard ABSTAIN:None 6.Approval of Request for Legal Representation Recommendation Review and consider request for legal representation for Mayor John Valdivia pursuant to Government Code Section 995 and select attorney for requested representation. MOTION BY COUNCILMEMBER IBARRA, SECOND BY COUNCILMEMBER SANCHEZ, to deny legal representation Councilmember Shorett introduced a secondary motion: MOTION BY COUNCILMEMBER SHORETT,tonot hire any of legal representation listed in the Staff report andthat the Mayor be represented by City Attorney Staff. Councilmember Nickel introduced a motion to table the item. MOTION BY COUNCILMEMBER NICKEL, SECOND BY COUNCILMEMBER SHORETT, MOTION FAILED 3-4 (COUNCILEMEMBERS IBARRA, FIGUEROA, RICHARD, AND MULVIHILL OPPOSED), to table this item. Councilmember Mulvihill stated he wanted to reconsider his vote on the last motion made. Councilmember Nickel introduced a motion to table the item rather than reconsider the prior action taken. RESULT: MOTION TO TABLETHE ITEM (4-3) MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Fred Shorett, Councilmember, Ward 4 AYES: Sanchez, Shorett, Nickel, and Mulvihill NOES:Ibarra, Figueroa, and Richard Mayor and City Council of the City of San BernardinoPage 7Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 PUBLIC HEARINGS 7.Draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing and Draft FY 2020-2021 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Conduct a public hearing on the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020- 2021 Annual Action Plan associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs; and 2.Adopt the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020-2021 Annual Action Plan as an application for funding under Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant; and 3.Authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the draft Fiscal Year 2020-2025 Consolidated Plan and draft Fiscal Year 2020-21 Annual Action Plan and necessary certifications to the United States Department of Housing and Urban Development; and 4.Direct the Finance Director to amend the budget for Emergency Solutions Grant (ESG) unspent dollars. RESULT: Approve Staff’s recommendations as outlined \[7-0\] MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None Mayor and City Council of the City of San BernardinoPage 8Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 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 Teri Ledoux explained that there had been changes to Item No. 15 and that the changes had been provided via email. The City Council confirmed that the changes had been received. Councilmember Nickel stated he would beabstaining from Item No. 10. CouncilmemberIbarra requested clarificationItem No. 19regarding the account balance for the Animal Shelter Repair Fund. RESULT: Approve the Consent Calendar with Item No. 19 being pulled for discussion and Item No. 10 reflecting Councilmember Nickel abstaining from the item \[7-0\] MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None 8.Approval of Commercial Checks and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for March and April 2020. 9.City Council Approval of Draft Minutes for the Regular Meeting of March 4, 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the Mayor and City Council meeting of March 4, 2020. 10.Adopt Resolution Reciting the Fact of the Primary Municipal Election Held on March 3, 2020 Recommendation Adopt Resolution No. 2020-62 of the Mayor and City Council of the City of San Bernardino, California, reciting the fact of the Primary Municipal Election consolidated with the Presidential Primary Election held on March 3, 2020 declaring the result and such other matters as provided by law. Mayor and City Council of the City of San BernardinoPage 9Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 RESULT: Adopt Resolution No. 2020-62\[5-1-0\] MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, and Mulvihill ABSTAIN:Nickel NOES:None 11.Resolution Confirming City Manager's Executive Order No. 2020-03 Recommendation Adopt Resolution No. 2020-63 of the Mayor and City Council of the City of San Bernardino, California, confirming the City Manager's Executive Order No. 2020-03 pursuant to Municipal Code 2.46.090 extending the stay on the City’s compliance with any deadlines established by the City until May 4, 2020. 12.Resolution Authorizing the City Manager to Complete and Obtain Necessary Signatures to Complete Cal OES Form 130 for Purposes of Obtaining Emergency Funding Recommendation Adopt Resolution No. 2020-71 authorizing the City Manager to complete and obtain necessary signatures to complete Cal OES form 130 for purposes of obtaining emergency funding. 13.Adopt a Resolution Authorizing the Execution of an Agreement with SB County for CAL-ID Recommendation Adopt Resolution No. 2020-73 of the Mayor and CityCouncil of the City of San Bernardino, California, authorizing the execution of an agreement with the County of San Bernardino for the implementation and operation of all Biometric Identification Systems and DNA Services (San Bernardino CAL-ID). 14.Professional Services Agreement with PlaceWorks for the Foisy Project Recommendation Adopt Resolution No. 2020-64 of the Mayor and City Council of the City of San Bernardino, California, approving the Professional Services Agreement with PlaceWorks to providethird-party CEQA review services for the Foisy Project; authorizing the City Manager or designee to sign and execute the agreement; and authorizing the Finance Director to amend the FY 2019/20 adopted budget accordingly. 15.Norton Science and Language Academy Project –Ground Lease Agreement Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, Mayor and City Council of the City of San BernardinoPage 10Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 California adopt Resolution No. 2020-70, authorizing the City Manager to execute a lease agreement for the development, establishment, and operation of the Norton Science and Language Academy at 230 South Waterman Avenue. 16.Adopt a Resolution Declaring Intention to Conduct a Public Hearing to Order the Vacation of Portions of Artesia Street Recommendation Adopt Resolution No. 2020-65 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to order the vacation of portions of Artesia Street located south of Rialto Avenue and the reservations of utilities therein. 17.Resolution Declaring Intent to Conduct a Public Hearing to Order the Vacation of a Portion of Home Avenue, "I" Street, and Montgomery Street Recommendation Adopt Resolution No. 2020-66 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to order the vacation of portion of Home Avenue, “I” Street, Montgomery Street and the reservation of utilities therein. 18.SB1 2020/2021 Road Maintenance Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission; and 2.Adopt Resolution No 2020-67, adopting a list of projects for Fiscal Year 2020/21 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017. 19.Animal Shelter Mold Abatement Project Change Order Recommendation It is recommended that the Mayor and City Council of the Cityof San Bernardino, California, adopt Resolution No. 2020-68 authorizing the City Manager to execute Contract Change Order (CCO) #1 to Project No. 1332 with Noble E&C, Inc. in the amount of $27,998, for a full contract not-to-exceed amount of $101,998; and authorizing the Director of Finance to record a budget adjustment in Animal Shelter Improvement Fund 124 and update the project purchase order to reflect the full, approved project cost. Mayor and City Council of the City of San BernardinoPage 11Printed 4/10/2020 Regular Meeting Annotated Agenda April 15, 2020 RESULT: Adopt Resolution No. 2020-68 and Staff’s recommendationas outlined\[7-0\] MOVER: Sandra Ibarra, Councilmember, Ward 2 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None ITEMS TO BE REFERREDTO COMMITTEE At this time the Mayor and Councilmembers referred items to Staff. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 10:45 p.m. on Wednesday, April 15, 2020. 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 6, 2020,in the CouncilChamber 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. Mayor and City Council of the City of San BernardinoPage 12Printed 4/10/2020