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Home My WebLink About06-03-2020 Agenda 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, JUNE 3, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION W EB-C ONFERENCE • V IA Z OOM • 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=2889 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 TO publiccomments@SBCity.Org BY 4:00 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 4:00 P.M. 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IF YOU HAVE ANY QUESTIONS PLEASE CALL THE CITY CLERK’S OFFICE AT 909-384-5002. http://edocs.sbcity.org/WebLink/Browse.aspx?id=4077513&dbid=0&repo=SB James John Valdivia Mulvihill Regular Meeting Agenda June 3, 2020 John Valdivia Theodore Sanchez James Mulvihill M AYOR M AYOR P RO-T EM, W ARD 1 C OUNCIL M EMBER, W ARD 7 Sandra Ibarra Teri Ledoux C OUNCIL M EMBER, W ARD 2 C ITY M ANAGER Juan Figueroa Sonia Carvalho C OUNCIL M EMBER, W ARD 3 C ITY A TTORNEY Fred Shorett Genoveva Rocha C OUNCIL M EMBER, W ARD 4 A CTING C ITY C LERK Henry Nickel C OUNCIL M EMBER, W ARD 5 Bessine L. Richard C OUNCIL M EMBER, W ARD 6 C ITY A TTORNEY 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) 384-5002 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. Call to Order Attendee Name Present Absent Late Arrived 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 Bernardino Page 2 Printed 5/29/2020 Regular Meeting Agenda June 3, 2020 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. Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:18-cv-02277 SVW (SPx) b. Pepe’s Inc., a California Corporation, dba Pepe’s Towing v. City of San th Bernardino, Virginia Marquez, et al., 9 Circuit Court of Appeal, Case No. 19- 56501 th c. Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4 Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC Case No. CIVDS1827968) d. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1914576 e. Arrowhead Lodge No. 896 I.B.P.O.E. of W and its members v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1913826 f. Ashe Society SB, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1911952 g. EEL Holdings, Inc., LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1906467 h. Kostadinos Kahros, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1830325 i. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1905710 j. Quiang Ye, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1704276, Court of Appeals Case No. D076196 k. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1922151 l. KP Investment Group, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1909577 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): four cases - tort claims filed by Mirna Cisneros (dated February 12, 2020), Karen Cervantes (dated February 12, 2020), Don Smith (dated March 31, 2020), and Jackie Aboud (dated April 27, 2020). Mayor and City Council of the City of San Bernardino Page 3 Printed 5/29/2020 Regular Meeting Agenda June 3, 2020 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 1. Interim Golf Course Management Agreement Recommendation Adopt Resolution No. 2020-123 of the Mayor and City Council of the City of San Bernardino, California, to ratify the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC for the Shandin Hills Golf Course. PUBLIC HEARINGS 2. Resolution of the Mayor and City Council of the City of San Bernardino Approving the Issuance of Bonds Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California; 1. Conduct a public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended; and 2. Adopt Resolution No. 2020-108 of the Mayor and City Council of the City of San Bernardino, California, approving the issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds in an aggregate principal amount not to exceed $55,000,000 for the purpose of financing or refinancing the acquisition, rehabilitation, improvement, and equipping of Foothill Villas Apartments and certain other matters relating thereto. CONSENT CALENDAR 3. City Council Approval of Draft Minutes for the Regular Meeting of March 18, 2020, April 1, 2020, and the Special Meeting of April 8, 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 meetings of March 18, 2020, April 1, 2020, and April 8, 2020. Mayor and City Council of the City of San Bernardino Page 4 Printed 5/29/2020 Regular Meeting Agenda June 3, 2020 4. Adoption of Ordinance No. MC-1531 Sign Regulations Update Recommendation Accept for final reading and adopt Ordinance No. MC-1531 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code. 5. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for May 2020. 6. Monthly Investment Portfolio Report for April 2020 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 2020. 7. Resolution Authorizing the Increase of a Purchase Order to Duratech USA, Inc. Recommendation Adopt Resolution No. 2020-110 of the Mayor and City Council of the City of San Bernardino, California, authorizing the increase of the purchase order issued to Duratech USA, Inc. to $70,200. 8. Cannabis Consulting Services Agreement - Clean Up Item Recommendation Adopt Resolution No. 2020-111 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and SCI Consulting Group (SCI) for Cannabis Monitoring and Financial Audit Services at the proposed contract amount; and approve the amended Minutes for the December 4, 2019 Mayor and City Council meeting, Item No. 24, reflecting the correct motion and consulting group awarded the Professional Services Agreement for Cannabis Monitoring and Financial Audit Services. 9. Purchase and Sale Agreement with Edward C. Adams and Jeanne M. Adams with Respect to the Real Property Located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street (APNs 0138-114-09 to -11 and 0138-114-18) Recommendation Adopt Resolution No. 2020-109 of the Mayor and City Council of the City of San Bernardino, California, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino and Edward C. Adams and Jeanne M. Adams with respect to the real property located at 552 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs 0138-114-09 to -11 and 0138-114-18), and authorizing the City Manager to execute the Agreement. Mayor and City Council of the City of San Bernardino Page 5 Printed 5/29/2020 Regular Meeting Agenda June 3, 2020 10. Resolution Approving Final Tract Map 17170-1 (Subdivision 04-23) Santiago Communities Recommendation Adopt Resolution No. 2020-112 of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 17170-1 (Subdivision 04- 23) involving the subdivision of a parcel containing approximately 9.75 acres into thirteen (13) single-family residential lots and one Lettered Lot “A”. The project site is located on the easterly side of Macy Street between Spruce Street and Sixth Street within the Residential Suburban (RS) Zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. 11. Resolution Approving Cooperative Agreement with the City of Highland and San Bernardino County for Submission of a Grant Application to the Active Transportation Cycle 5 Grant Program Recommendation Adopt Resolution No. 2020-113 of the Mayor and City Council of the City of San Bernardino, California, approving a Cooperative Agreement with the City of Highland and San Bernardino County for the submission of a Grant Application to the Active Transportation Cycle 5 Grant Program for the Highland/San Bernardino Bi-City Bikeway and Walkway Connector (Project) and authorizing the Director of Finance to record a budget adjustment in Local Circulation Development Impact Fee (DIF) Fund No. 263 in the amount of $23,000 in support of the application preparation. 12. Approve Stormwater Treatment Devices and Control Measure Access and Maintenance Agreement Between San Bernardino County Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-114, authorizing the City Manager to execute a Stormwater Treatment Device and Control Measure Access and Maintenance Agreement between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP). Mayor and City Council of the City of San Bernardino Page 6 Printed 5/29/2020 Regular Meeting Agenda June 3, 2020 13. Revised Five-Year Capital Improvement Program (FY 2019/20 to FY 2023/24) for Measure I Local Expenditures Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-115, approving the Revised Measure I Five- Year Capital Improvement Plan for FY 2019/20 through FY 2023/24 and Measure I Expenditure Strategy and acknowledging that the City will maintain the base year level of expenditures in the amount of $1,075,643 from the General Fund to meet required Maintenance of Effort (MOE) expenditures in FY 2019/20. 14. Purchase and Sale Agreement and Joint Escrow Instructions for the Partial Acquisition for Assessor’s Parcel 0271-051-11 and 0271-051-12 for the Widening of West 40TH Street from Johnson Street to Electric Avenue Recommendation Adopt Resolution No. 2020-117 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Partial Purchase and Sale Agreement with Bryan Henley and Sharland L. Henley for the property located at 337 & 339 West 40th Street. 15. Resolution to Reject All Bids for Special Provisions No. 13400 - Pavement Rehabilitation at Eleven Locations Recommendation Adopt Resolution No. 2020-118 of the Mayor and City Council of the City of San Bernardino, California, rejecting all bids for Special Provisions No. 13400 - Pavement Rehabilitation at Eleven Locations ("Project"). 16. Authorize the Issuance of a Purchase Order to Maneri Traffic Control, Inc., for the Purchase of Four Traffic Message Boards Recommendation Adopt Resolution No. 2020-119 of the Mayor and City Council of the City of San Bernardino, California to: 1. Authorize the purchase of four (4) Wanco Mini Three-Line Message Boards from Maneri Traffic Control, Inc. Fallbrook, CA, in the amount of $70,000; and 2. Authorize the Director of Finance to record a budget adjustment in the amount of $70,000 in Traffic Safety Fund No. 128 for the purchase; and 3. Authorizing the Director of Finance to issue a purchase order in the support of the equipment purchase. Mayor and City Council of the City of San Bernardino Page 7 Printed 5/29/2020 Regular Meeting Agenda June 3, 2020 17. Public Works Equipment Purchase - Traffic Signal Controllers Recommendation Adopt Resolution 2020-121 of the Mayor and City Council of the City of Bernardino, California: 1. Authorizing the purchase of fifteen (15) traffic signal controllers from McCain Inc., of Vista, California in the amount of $44,550; and 2. Authorizing the Director of Finance to record a budget adjustment in the Traffic Safety Fund (128) for the equipment purchase; and 3. Authorizing the Director of Finance to issue a purchase order in support of the equipment purchase. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to a Special Meeting that will be held on Wednesday, June 10, 2020, via web-conference. Closed Session will begin at 5:00 p.m. and Open Session will begin at 5:30 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the June 3, 2020 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, May 29, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, Acting City Clerk Mayor and City Council of the City of San Bernardino Page 8 Printed 5/29/2020 Regular Meeting Agenda June 3, 2020 NOTICE: 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 9 Printed 5/29/2020