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HomeMy WebLinkAbout07-15-2020 REVISED Public AgendaCITY 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, JULY 15, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION W EB-CONFERENCE • VIA ZOOM • 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 L IVE STREAMED ONLINE AT http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2919 MEMBERS OF THE PUBLIC WHO WISH TO COMMENT ON MATTERS BEFORE THE MAYO R & CITY COUNCIL MAY PARTICIPATE IN THE FOLLOWING WAYS: (1) COMMENTS 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. 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 TO publiccomments@SBCity.Org AND 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. ***ITEMS THAT ARE SUBMITTED TO BE PART OF THE MEETING RECORD CAN BE FOUND USING THE LINK BELOW OR SELECTING CITY CLERK OFFICE DOCUMENTS, COUNCIL AGENDAS, CURRENT YEAR, AND MEETING DATE. IF YOU HAVE ANY QUESTIONS PLEASE CALL THE CITY CLERK’S OFFICE AT 909-384-5002. http://edocs.sbcity.org/WebLink/Browse.aspx?id=4077808&dbid=0&repo=SB James Mulvihill Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 7/13/2020 Theodore Sanchez John Valdivia James Mulvihill MAYOR PRO-TEM, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Teri Ledoux COUNCIL MEMBER, 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 ACTING CITY CLERK Henry Nickel COUNCIL MEMBER, W ARD 5 Bessine L. Richard COUNCIL MEMBER, W ARD 6 CITY ATTORNEY 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    Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 7/13/2020 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)): i.) State of California et al., ex rel. OTG Wireless, LLC v. Cellco Partnership, et al., Sacramento Superior Court Case No. 34-2012-00127517 ii) 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) iii) Pepe’s Inc., a California Corporation, dba Pepe’s Towing v. City of San Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No. 19-56501 iv) Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC Case No. CIVDS1827968) v) 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) vi) Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956 .9(d)(4)): One case (C) PUBLIC EMPLOYMENT/APPOINTMENT (Pursuant to Government Code Section 54957): City Clerk (D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative(s): Director of Human Resources Unrepresented Employee: City Clerk 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENTS 1. Arts and Historical Preservation Commission Appointment Recommendation That the Mayor and City Council of the City of San Bernardino , California, approve the appointment of Ms. Joyce P. Seeger to the Arts and Historical Preservation Commission by 5th Ward Council Member Henry Nickel. Ms. Seeger will replace Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 7/13/2020 Nicholas R. Cataldo with the term ending December 2020. 2. Parks, Recreation and Community Services Commission Appointment Recommendation That the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Helen Tran to the Parks, Recreation and Community Services Commission by 5th Ward Council Member Henry Nickel. Ms. Tran will assume the position previously held by Brian Davison with the term ending December 2020. PRESENTATIONS 3. Recognition of Chaplin Ray Miller (Mayor) 4. Fireworks After Action Report PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 5. 2005 Pension Obligation Bond Restructuring Recommendation Adopt Resolution No. 2020-161 of the Mayor and City Council of the City of San Bernardino, California, approving the issuance of its Taxable Pension Obligation Bonds, 2020 Series A, approving the execution and delivery of a second supplemental trust agreement, bond purchase, exchange and private placement agreement, approving the preparation of a private placement memorandum and other actions relating to the delivery of the bonds. 6. Risk Management Insurance Program Update Fiscal Year 2020/21 It is recommended that the Mayor and City Council: 1. Adopt Resolution No. 2020-176 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s various insurance policies negotiated through Alliant for the term beginning August 1, 2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed $820,190 for property insurance for the term beginning August 1, 2020 and ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber liability insurance for the term beginning August 1, 2020 and ending July 1, 2021; and (3) for a premium not to exceed $3,500,000 for excess liability insurance; AND authorizing an amendment to the FY 2020-21 Adopted Budget in the amount of $2,113,229 to be appropriated into the Liability Insurance Fund, Account Number 629-110-0056-5161, from the General Fund Reserves and authorize staff to continue exploring options for Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 7/13/2020 containing excess general liability insurance costs and to bring back an update in August of the outcome and option selected. 2. Adopt Resolution No. 2020-178 of the Mayor and City Council of the City of San Bernardino, California, To: Remain a member of CSAC Excess Insurance Authority; Becoming a Member of Public Risk Innovation, Solutions, and Management; and authorize the City Manager to act on the City’s behalf in relation to these entities. 7. Consideration of a General Transactions and Use Tax (Sales Tax) Measure Recommendation Review and consider placement of a general sales tax measure on the ballot for the November 3, 2020, general election including the adoption of: 1. Resolution No. 2020-158 of the Mayor and City Council of the City of San Bernardino, California, calling for the placement of a general tax measure on the ballot for the November 3, 2020, general municipal election for the submission to the qualified voters of an ordinance to enact a general transactions and use (sales tax at the rate of one percent (1%). 2. Resolution No. 2020-159 of the Mayor and City Council of the City of San Bernardino, California, requesting the Board of Supervisors of the County of San Bernardino consolidate a general municipal election to be held on November 3, 2020, with the statewide general election to be held on that date pursuant to elections code section 10403. 3. Resolution No. 2020-160 of the Mayor and City Council of the City of San Bernardino, California, providing for the filing of primary and rebuttal arguments and setting rules for filing of written arguments regarding a City measure to be submitted at the November 3, 2020, general municipal election. PUBLIC HEARINGS 8. Public Hearing on Fiscal Year 2020-21 Assessment Levies for Previously Formed Assessment Districts Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing; and 2. Adopt the following: a. Resolution No. 2020-162 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for 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, 997, 1001, 1002, 1005, 1007, Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 7/13/2020 1012 and 1016 for Fiscal Year 2020-21; and b. Resolution No. 2020-163 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2020-21; and c. Resolution No. 2020-164 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2020-21; and d. Resolution No. 2020-165 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for 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, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2020 -21; and e. Resolution No. 2020-166 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 (San Bernardino International Airport/Alliance-California) and Zones 1, 2 and 3 therefore for Fiscal Year 2020-21; and 3. Authorize the Director of Finance to amend the fiscal year 2020-21 Adopted Budget as necessary to reflect district revenues and expenditure budgets; and 4. Direct staff to undertake the steps necessary to finalize the Mayor and City Council’s action. CONSENT CALENDAR 9. Approved Minutes of the May and June 2020 City Board, Commission, and Citizen Advisory Committee Recommendation Receive and file the approved minutes of the May and June 2020 City Board, Commission, and Citizen Advisory Committee meetings. 10. Amendments to Legal Services Agreements With: (1) Lyn berg & Watkins, APC; (2) Carpenter, Rothans & Dumont LLP; and (3) Atkinson, Andelson, Loya, Ruud & Romo Recommendation Adopt Resolution No. 2020-177 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to Execute Amendments to Legal Services Agreements with: (1) Lynberg & Watkins, APC; (2) Carpenter, Rothans & Dumont LLP; and (3) Atkinson, Andelson, Loya, Ruud & Romo. Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 7/13/2020 11. Resolution Authorizing the City Manager to Accept and Administer the 2020 COPS Hiring Program Grant Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-167 to: 1. Authorize the City Manager to accept and administer the 2020 Department of Justice, Community Oriented Policing Services (COPS) Hiring Program Grant (CHP) in the amount of $5,383,549 for the grant period July 1, 2020 through June 30, 2023; and 2. Authorize the Director of Finance to amend the FY 2020/21 budget, appropriating $1,658,701.33 in both revenue and expenditures; and 3. Authorize the Police Department to increase approved sworn staffing from 254 to 267 effective July 1, 2020. 12. Resolution Authorizing the City Manager to Accept the EMPG FY 2019 Grant and Authorizing a Purchase Order to Vector USA Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-168 to: 1. Authorize the City Manager to accept the FY 2019 Emergency Management Performance Grant (EMPG) in the amount of $30,571; and 2. Authorize the Director of Finance to amend the Adopted FY 2020/21 budget increasing revenue and expenditures by $30,571, and issue a purchase order to Vector USA in an amount not to exceed $27,000. 13. Board of State and Community Corrections, Youth Reinvestment Grant Program - Budget Amendment Recommendation That the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to amend the Adopted Fiscal Year 2020/21 Budget, appropriating $272,727 of the $1,000,000 Board of State and Community Corrections, Youth Reinvestment Grant award received in August 2019. 14. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the Cit y of San Bernardino, California, approve the commercial and payroll disbursements for June 2020. 15. Resolution Ratifying the Grant Application Submittal and Accepting the Grant Award for the Senior Companion Program for FY 2020/21 Recommendation Adopt Resolution No. 2020-170 of the Mayor and City Council of the City of San Bernardino, California, ratifying the Grant Application submittal, accepting the Grant Award of $324,812, and authorizing the Director of Finance or designee to amend Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 7/13/2020 the FY 2020/21 adopted budget to reflect grant revenue and expenditures accordingly for the Senior Companion Program (SCP) for the period of July 1, 2020 through June 30, 2021. 16. Purchase and Sale Agreement with Jeannette C. Okada with Respect to the Real Property Located at 1256 Wall Avenue (APN 0146-241-07) – Successor Agency Action Recommendation Adopt Resolution No. 2020-175 of the Mayor and City Council of the City of San Bernardino, California, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Jeannette C. Okada with respect to the real property located at 1256 Wall Avenue, San Bernardino, California (APN 0146-241-07) and approving certain related actions. 17. Owner Occupied Rehabilitation Program Recommendation It is recommended that the Mayor and the City Council of the City of San Bernardino, California: 1. Adopt Resolution 2020-137 authorizing the execution of an amendment of a HOME Investment Partnerships Program Agreement with Neighborhood Partnership Housing Services to modify loan terms and obligations of the Owner Occupied Rehabilitation Program. 2. Approve modification of Owner Occupied Rehabilitation Program Loan Terms and Obligations from a deferred loan to a forgivable loan. 18. Subordination of a Deed of Trust in Connection with 1659 Guthrie Street San Bernardino, California Recommendation Adopt Resolution No. 2020-171 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage Relating to real property located at 1659 Guthrie Street, San Bernardino, California. 19. Authorization to Proceed with an Investigation for the Vacation of an Existing Alley on Scenic Drive Recommendation It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of an existing alley east of Scenic Drive, approximately 600 feet from Inland Center Drive. Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 7/13/2020 20. First Amendment to the Professional Services Agreement with Engineering Resources of Southern California, Inc. for Sierra Way Storm Drain Improvements Recommendation Adopt Resolution No. 2020-172 of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to Professional Services Agreement (First Amendment) with Engineering Resources of Southern California, Inc. (ERSC) in the amount of $7,000, for a total contract compensation amount of $197,000, to perform services for Sierra Way Storm Drain Improvements ("Project"); and authorize the City Manager or designee to execute the First Amendment. 21. Used Oil Payment Program (OPP11) Recommendation Adopt Resolution No. 2020-174 of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of applications for CalRecycle payment programs and approving related authorizations. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT The Mayor and City Council and the Mayor and City Council Acti ng as the Successor Agency to the Redevelopment Agency will adjourn to a Special Meeting on Wednesday, July 29, 2020 to be held at 201 N “E” Street, 2 nd Floor, Multipurpose Room. The Special Meeting will begin at 7:45 a.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the revised agenda for the July 15, 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 Monday, July 13, 2020 . I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, Acting City Clerk Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 7/13/2020 NOTICE: The Mayor and City Council and the Mayor and City Cou ncil 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 Coun cil 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 Re development 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 o n the agenda when a public hearing has been conducted and closed.