HomeMy WebLinkAbout08-05-2020 Agenda Public
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, AUGUST 5, 2020
5:30 PM CLOSED SESSION 7:00 OPEN SESSION
W EB-C ONFERENCE V IA Z OOM WWW.SBCITY.ORG
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Regular Meeting Agenda August 5, 2020
Theodore Sanchez James Mulvihill
John Valdivia
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
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o -5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o
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 8/1/2020
Regular Meeting Agenda August 5, 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)): Mirna Cisneros, an individual
v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): Three cases - Tort claims filed by Karen Cervantes (dated
February 12, 2020), Don Smith (dated March 31, 2020) and Jackie Aboud (dated
April 27, 2020)
(C) PUBLIC EMPLOYEE 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
(E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to
Government Code Section 54956.8:
Property Address: Two (2) parcels, approximately 0.72 acres, of vacant real
property located at 757 and 761 North Mt. Vernon Avenue,
APNs 0139-291-60 and 0139-291-61
Agency Negotiator: Teri Ledoux, City Manager
Negotiating Parties: Mat Baburyan, trustee of the Mat Baburyan Revocable Trust
dated February 21, 2017
Under Negotiation: Price and Terms of Purchase
Mayor and City Council of the City of San Bernardino Page 3 Printed 8/1/2020
Regular Meeting Agenda August 5, 2020
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PRESENTATIONS
1. Route 66 Complete Street Improvements (CalTrans)
2. SBPD 2020 Mid-Year Review
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
STAFF REPORTS
3. League of California Cities Annual Conference Delegate and Alternates
Recommendation
Approve the selection of a delegate and up to two alternates for the League of
California Cities Annual Conference on October 7-9, 2020, which will be held via a
virtual event due to the many unknown risk factors related to the COVID-19
pandemic.
4. First Reading of Ordinance Increasing Number of Cannabis Business Permits
and Adoption of Resolution Concerning Types of Cannabis Businesses
Permitted, Trade-In of Certain Permits for Microbusiness Permits for
Businesses Operating as of August 31, 2020 and Direction Concerning
Guideline Amendments for Permit Processing Deadlines Causing Forfeiture
of Applications
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Accept for first reading, Ordinance MC-1541 allowing for a total of 17 Retail/Micro
Businesses and an unlimited number of businesses in other Identified
Categories; and
2. Adopt Resolution 2020-190, concerning types of cannabis businesses, allowing
trade-in of permits for microbusiness permit if open by August 31, 2020,
establishing deadlines to process applications or face forfeiture of applications
and providing direction to adopt Guidelines.
Mayor and City Council of the City of San Bernardino Page 4 Printed 8/1/2020
Regular Meeting Agenda August 5, 2020
PUBLIC HEARINGS
5. Public Hearing on Annexation No. 4 to Community Facilities District 2019-1
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2020-184 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 4); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2020-185 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District
No. 2019-1 (Maintenance Services) (Annexation No. 4); and
5. Introduce Ordinance No. MC-1538 of the Mayor and City Council of the City of
San Bernardino, California, amending Ordinance No. MC-1522 and levying
special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs
of the maintenance and servicing of landscaping, a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the final reading and adoption of Ordinance No MC-1538 for August
19, 2020.
6. Public Hearing on Annexation No. 5 to Community Facilities District 2019-1
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2020-187 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 2019-1 (Maintenance Services) (Annexation
No. 5); and
3. Hold a special landowner election and canvass the election; and
Mayor and City Council of the City of San Bernardino Page 5 Printed 8/1/2020
Regular Meeting Agenda August 5, 2020
4. Adopt Resolution No. 2020-188 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District
No. 2019-1 (Maintenance Services) (Annexation No. 5); and
5. Introduce Ordinance No. MC-1539 of the Mayor and City Council of the City of
San Bernardino, California, amending Ordinance No. MC-1522 and levying
special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs
of the maintenance and servicing of landscaping, a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the final reading and adoption of Ordinance No MC-1539 for August
19, 2020.
7. Annexation No. 1 to Community Facilities District 2018-1
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing;
2. Adopt Resolution No. 2020-193 of the Mayor and City Council of the City of San
Bernardino, California, acting as the legislative body of the City of San
Bernardino Community Facilities District No. 2018-1 (Safety Services), and
calling elections therein;
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2020-194 of the Mayor and City Council of the City of San
Bernardino, California, acting as the legislative body of the City of San
Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying
the results of the August 5, 2020 annexation and special tax election.
8. Proceedings to Form Proposed CFD No. 2020-1 (Rancho Palma)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2020-195 of the Mayor and City Council of the City of San
Bernardino, California, establishing Community Facilities District No. 2020-1
(Rancho Palma) of the City of San Bernardino, County of San Bernardino, State
of California, and the boundaries thereof and approving a Funding and
Acquisition Agreement; and
Mayor and City Council of the City of San Bernardino Page 6 Printed 8/1/2020
Regular Meeting Agenda August 5, 2020
3. Adopt Resolution No. 2020-196 of the Mayor and City Council of the City of San
Bernardino, California, determining the necessity to incur a bonded indebtedness
for Community Facilities District No. 2020-1 (Rancho Palma), submitting to the
qualified electors of the Community Facilities District a proposition to authorize
the levy of a special tax therein, to authorize such Community Facilities District
to incur a bonded indebtedness secured by the levy of a special therein to
finance certain types of public facilities and to establish an appropriations limit for
such Community Facilities District and calling a special election for the
Community Facilities District on a proposition for incurring such bonded
indebtedness; and
4. Adopt Resolution No. 2020-197 of the Mayor and City Council of the City of San
Bernardino, California calling a special election and submitting to the voters of
Community Facilities District No. 2020-1 (Rancho Palma) of the City of San
Bernardino propositions regarding the annual levy of special taxes within the
Community Facilities District to pay principal of and interest on bonds thereof
and to pay the costs of public facilities and establishing an appropriations limit
thereof; and
5. Adopt Resolution No. 2020-198 of the Mayor and City Council of the City of San
Bernardino, California declaring the results of the consolidated special elections
within Community Facilities District No. 2020-1 (Rancho Palma); and
6. Introduce, read by title only, and waive further reading of Ordinance MC-1540 of
the Mayor and City Council of the City of San Bernardino, California, acting as
the legislative body of Community Facilities District No. 2020-1 (Rancho Palma),
authorizing the levy of special taxes in such community facilities district.
9. Vehicle Miles Traveled (VMT) Thresholds of Significance
Recommendation
Adopt Resolution No. 2020-191 of the Mayor and City Council of the City of San
-
Miles Traveled (VMT) Thresholds of Significance and Associated Guidelines under
the California Environmental Quality Act; and finding that the action is not a
Environmental Quality Act (Attachment 1).
CONSENT CALENDAR
10. 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 June 2020.
Mayor and City Council of the City of San Bernardino Page 7 Printed 8/1/2020
Regular Meeting Agenda August 5, 2020
11. Monthly Investment Portfolio Report for June 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 June 2020.
12. Bryce Hanes Park Agreement Between the City of San Bernardino and San
Bernardino Valley Municipal Water District
Recommendation
Adopt Resolution No. 2020-169 of the Mayor and City Council of the City of San
Bernardino, California,
1. Approving a cooperative agreement between the City of San Bernardino and San
Bernardino Valley Municipal Water District terminating the Joint Exercise of
Powers Agreement, dissolving the San Bernardino Regional Water Resources
Authority, and providing for the long-term maintenance of Bryce Hanes Park; and
2. Approving a grant assignment agreement between the San Bernardino Regional
Water Resources Authority and the City of San Bernardino.
13. Health Benefits Plan Year 2021
Recommendation
Adopt Resolution No. 2020-179 of the Mayor and City Council of the City of San
Bernardino, California, approving the City health benefit plan options for plan year
2021.
14. Risk Management Excess General Liability Insurance Program Outcome and
Option Selected Update
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file an update on the selection of a provider for excess
general liability insurance.
15. Agreement for Deceased Animal Removal Services
Recommendation
Adopt Resolution No. 2020-180 of the Mayor and City Council of the City of San
Bernardino, California, authorizing an agreement between the City of San
Bernardino and TLC Animal Removal Services and a Purchase Order in the amount
of $48,000 for removal and disposal of deceased animals
16. Resolution to Accept and Administer the FY 2020/21 Alcoholic Beverage
Control (ABC) Grant
Recommendation
Adopt Resolution No. 2020-181 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to accept the FY 2020/21
Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership
(APP) grant and authorizing the Director of Finance to amend the FY 2020/21
Adopted Budget effective July 1, 2020.
Mayor and City Council of the City of San Bernardino Page 8 Printed 8/1/2020
Regular Meeting Agenda August 5, 2020
17. Resolution Accepting the FY 2019/20 Federal Railroad Administration
Railroad Trespassing Enforcement Grant
Recommendation
Adopt Resolution No. 2020-182 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to accept the FY 2019/20
Federal Railroad Administration Railroad Trespassing Enforcement Grant and
authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget.
18. Irrevocable Agreement to Annexation No. 2019-006
Recommendation
Adopt Resolution No. 2020-183 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property within an unincorporated
th
territory located at 604 West 40 Street (APN 0265-272-11) and authorizing the City
Manager to execute an Irrevocable Agreement to Annex.
19. Street Vacation of Portions of 4TH Street
Recommendation
Adopt Resolution 2020-192 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to conduct a public hearing to order
th
the vacation of portions of 4 Street, between the intersections of Cabrera Avenue
and Mt. Vernon Avenue, and the reservation of utilities therein.
20. Declaring Intent to Annex Territory: Community Facilities District No. 2019-1
(Maintenance Services): Annexation No. 6
Recommendation
Adopt Resolution No. 2020-186 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino,
adopting a map of the area to be proposed (Annexation No. 6) and authorizing the
levy of a special taxes therein.
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
Mayor and City Council of the City of San Bernardino Page 9 Printed 8/1/2020
Regular Meeting Agenda August 5, 2020
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 to be held on Wednesday, August
19, 2020 via web-conference. The Special Meeting will begin at 4:00 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 August 5, 2020 Regular Meeting of the Mayor and City Council
and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency
California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino,
California, and on the Ci
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 10 Printed 8/1/2020
Regular Meeting Agenda August 5, 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 11 Printed 8/1/2020