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HomeMy WebLinkAbout09-02-2020 Public Agenda In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing, the Mayor & City Council meeting are not open to public attendance at this time. All meetings will be held via tele-conference. To view the live meeting:  Select the link to view the live-stream on the City’s website: http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2922 or  Time Warner customers may view the broadcast on Channel 3. You may also view the archived video on the City’s website the day after the meeting. To provide public comments:  Email your written comment to publiccomments@sbcity.org by 4:00 p.m. the day of the scheduled meeting; or  Call 909-384-5208 and leave a recorded comment not to exceed three (3) minutes by 4:00 p.m. the day of the scheduled meeting. The subject line of your email should include the meeting date, whether your comment is for the Study Session, Closed Session, or Open Session, and whether it is for public comment or for a specific agenda item. Example: 09/02/2020 - Open Session - Agenda Item No. 5 To provide public comments for a Public Hearing: Send an email to publiccomments@sbcity.org by 4:00 p.m. the day of the scheduled meeting. Include your name, telephone number, and the agenda item number. At the time of the requested agenda item, the City Clerk will call the commenter. Each person will be allowed to speak for up to three-minutes. Written comments will be provided to the Mayor & City Council prior to the meeting and will be posted online for public review, but will not be read aloud. Voicemail comments will be played aloud during the appropriate public comment portion of the meeting. Please note that written & recorded comments received after the deadline will not be included in the record until the next regular meeting. Recorded comments received passed the deadline will not be played during the meeting. To view PowerPoint presentations, written comments, or any revised documents for this meeting date select the link below: http://edocs.sbcity.org/WebLink/Browse.aspx?id=4078158&dbid=0&repo=SB Or visit the City Clerk’s page: From the City’s homepage www.sbcity.org select the Government category -->City Clerk--> on the Navigation menu select Search for Records Online --> Council Agendas--> Current Year 2020--> Meeting Date Please call the City Clerk’s Office at 909-384-5002 if you have any questions. IMPORTANT COVID-19 NOTICE CITY 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, SEPTEMBER 2, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION WEB-CONFERENCE • VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Jim Mulvihill MAYOR PRO-TEM, W ARD 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 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o There is a 3 minute time limit, per person, for all comments, excluding public or quasi-judicial hearings. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. 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. Regular Meeting Agenda September 2, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 8/28/2020 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 Jim Mulvihill    Mayor John Valdivia    Acting City Clerk Genoveva Rocha    City Attorney Sonia Carvalho    City Manager Teri Ledoux    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. Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 ii. Jackie Aboud, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562 iii. Karen Cervantes, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538 iv. 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) v. 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 vi. 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) Regular Meeting Agenda September 2, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 8/28/2020 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Caltrans District 8 $1.7 million Complete Street Reservation Project for Route 66 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 2. Resolution Authorizing the Execution of an Employment Agreement for the Position of City Manager Recommendation Adopt Resolution No. 2020-221 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Mayor to execute an employment agreement for the position of City Manager with Robert D. Field to commence on September 21, 2020. 3. Introduction and First Reading of an Ordinance Imposing a Local Campaign Finance Contribution Limit Recommendation Introduce, read by title only, and waive further reading of Ordinance MC -1542, adding section 2.56.090 establishing no campaign contribution limit requirements for elected officials within the City of San Bernardino. PUBLIC HEARINGS 4. Public Hearing and Resolution Approving the Vacation of a Portion of 4TH Street and the Reservation of Utilities Therein Recommendation Conduct public hearing per Streets and Highway Code sections 8322 -8325 and adopt Resolution 2020-216 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of 4 th Street, and the reservation of utilities therein. CONSENT CALENDAR 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 August 2020. Regular Meeting Agenda September 2, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 8/28/2020 6. Monthly Investment Portfolio Report for July 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino accept and file the Monthly Investment Portfolio Report for July 2020. 7. Resolution to Amend the Professional Services Agreement with Jones & Mayer to Provide Legal Counsel to the Personnel Commission in Association Disciplinary Appeal Hearings Recommendation Adopt Resolution No. 2020-213 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an amendment to the Professional Services Agreement between Jones & Mayer and the City of San Bernardino to provide legal counsel to the Personnel Commission in association with disciplinary appeal hearings. 8. Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for State Street Extension Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-189: 1. Adopting a Mitigated Negative Declaration (MND); and 2. Approving a Mitigation Monitoring and Reporting Program (MMRP); and 3. Authorizing the Director of Community an Economic Development or designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the State Street Extension Project (SS04-009). 9. Resolution Approving the Second Amendment to the Professional Services Agreement with Engineering Resources Recommendation Adopt Resolution No. 2020-214 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the Second Amendment to Professional Services Agreement ("Second Amendment") with Engineering Resources of Southern California, Inc. (ERSC) in the amount of $6,048, for a total contract compensation amount of $235,262, to perform services for State Street Extension Phase 1 ("Project"); and approving the carryover of project budgets and open purchase orders from FY 2019/20 into FY 2020/21 to support the ongoing work. 10. Resolution Declaring Intent to Conduct a Public Hearing to Order the Vacation of Real Property Alley Vacation 15.30-434 (Scenic Drive and Inland Center Drive) Recommendation Adopt Resolution 2020-215 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of an alley, east of Scenic Drive , and approximately 200 feet south of Inland Center Drive. Regular Meeting Agenda September 2, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 8/28/2020 11. Imposing Liens to Recover Costs for Code Enforcement Abatements Recommendation Adopt Resolution No. 2020-217 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the costs of public nuisance abatements. 12. Request for Qualifications (RFQ) - Seccombe Lake Park Recommendation That the Mayor and City Council of the City of San Bernardino, California, direct the City Manager to proceed with the Request for Qualifications (RFQ) to identify a competent housing developer for the future development of a specific portion of Seccombe Lake Park. 13. Resolution to Accept and Administer the FY 2020/21 OTS STEP Grant Recommendation Adopt Resolution No. 2020-218 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept and administer the FY 2020/21 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget effective July 1, 2020. 14. Resolution Authorizing a Purchase Order for Unmarked Police Vehicles Recommendation Adopt Resolution No. 2020-219 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Carmax in an amount not to exceed $60,000. 15. Resolution to Accepting the 2017, 2018 and 2019 Justice Assistance Grants Recommendation Adopt Resolution No. 2020-220 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the 2017, 2018, and 2019 Edward Byrne Justice Assistance Grants; and increasing the FY 2020/21 Adopted Budget grant revenue and expenditures by $533,314. 16. Resolution Approving the Classification of the Building Official as an Unclassified Service Position Recommendation Adopt Resolution No. 2020-222 of the Mayor and City Council of the City of San Bernardino, California, approving the classification of the Building Official as an unclassified service position and amending the salary schedule to reflect the change. Regular Meeting Agenda September 2, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 8/28/2020 17. Authorization for Staff to Develop and Issue a Request for Qualifications for Real Property Management Services Recommendation That the Mayor and City Council of the City of San Bernardino, California, authorize staff to develop and issue a Request for Qualifications for Real Property Management Services as outlined in this report. 18. Review and Consider Options Related to Energy Performance Assessments Recommendation Staff Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, table the matter to allow time to conduct appraisals of the City Hall Campus and provide the City Council with recommendations on all City facilities. 19. Final Reading of Ordinance MC-1541 Establishing the Maximum Number of Cannabis Business Permits Recommendation Accept for final reading and adopt Ordinance MC-1541 of the Mayor and City Council of the City of San Bernardino, California, establishing the maximum number of Cannabis Business Permits authorized pursuant to Section 5.10.080 of the San Bernardino Municipal Code. 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 to be held on Wednesday, September 16, 2020, via web conference. The Special Meeting will begin at 4:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the September 2, 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, August 28, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda September 2, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 8/28/2020 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.