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HomeMy WebLinkAbout09-16-2020 Public AgendaIMPORTANT COVID-19 NOTICE In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing, the Mayor and City Council meeting is not open for 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=2954 or  Spectrum & Frontier 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: 09/16/2020 - Open Session - Agenda Item No. 5 To provide public comments for a Public Hearing: Send an email to publiccomments@sbcity.org by 2:00 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 and 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=4078240&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. 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 16, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION W EB-CONFERENCE VIA ZOOM • SAN BERNARDINO, CA 92401 • 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 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 16, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 9/11/2020 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    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. Miller v. City of San Bernardino et al., San Bernardino Superior Court Case No. CIVDS 2015337 ii. 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 Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): one case (see attached letter). 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 2. Proclamation for Rail Safety Week - Mayor John Valdivia 3. Proclamation for Prostate Cancer Awareness - Mayor John Valdivia PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Regular Meeting Agenda September 16, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 9/11/2020 STAFF REPORTS 4. Professional Services Agreement with PlaceWorks for Professional Planning Services Recommendation Adopt Resolution No. 2020-231 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between PlaceWorks and the City of San Bernardino to prepare a comprehensive update to the General Plan, the creation of a Downtown Specific Plan, and an update of the Development Code and other related services (Attachment 1). 5. Meadowbrook Insurance Claim Funds Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino , California, receive a presentation and provide direction to staff regarding project programming for the remainder of Meadowbrook Bridge insurance claim funds. 6. Code Amendment Sidewalk Vending Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce, read by title only, and waive further reading of Ordinance MC -1545 of the Mayor and City Council of the City of San Bernardino, California, adopting the Code Amendment to Section 5.30.120 and various Sections of Chapter 8.01 to make clear the City’s authority to enforce its Environmental Health Code (Attachment 1); and 2. Schedule the final reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on October 7, 2020. 7. League of California Cities Annual Conference Resolution Packet Recommendation Review, discuss, and provide direction to the City's assigned delegate regarding the City's position on the League of California Cities Annual Conference Resolution calling for an amendment of Section 230 of the Communications Decency Act of 1996 to require social media companies to remove materials which promote criminal activities. 8. Introduce First Reading of an Ordinance Imposing a Local Campaign Finance Contribution Limit Recommendation Introduce First 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. Regular Meeting Agenda September 16, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 9/11/2020 PUBLIC HEARINGS 9. Substantial Amendment to the Fiscal Year 2020/21 Annual Action Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California hold a public hearing, adopt a Substantial Amendment to the FY 2020/21 Action Plan, and 1. Direct the Finance Director to amend the Fiscal Year 2020/21 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action Plan; 2. Direct the Finance Director to establish new funds and associated accounts for the Community Development Block Grant (CDBG-CV1), the Emergency Solutions Grant (ESG-CV1) and (ESG-CV2), pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action Plan; 3. Direct the Finance Director to establish an account in the Low Mod Housing Fund (Fund 127), in the amount of $1,049,000 for the Seccombe Park Housing Project, and reduce the budget for the project under HOME fund 116 by the same; and 4. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as m ay be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan. 10. Public Hearing on Annexation No. 6 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. 2020-223 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 are proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 6); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-224 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. 6); and 5. Introduce Ordinance No. MC-1543 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, lighting, streets, street sweeping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019 -1 Regular Meeting Agenda September 16, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 9/11/2020 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC-1543 for October 7, 2020. CONSENT CALENDAR 11. July 2020 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in August 2020. 12. Approval of Draft Minutes for the Regular Meeting of April 15, 2020. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the April 15, 2020 Mayor and City Council meeting. 13. Sister Cities International Membership Dues 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 by appropriating $1,030 from the Cultural Development Fund for the Sister City International Membership dues. 14. 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. 15. Adopt a Resolution Affirming that Racism is a Public Health Crisis Recommendation Adopt Resolution No. 2020-232 of the Mayor and City Council of the City of San Bernardino, California, affirming that racism is a public health crisis. 16. Senior Nutrition Program Grant Award FY 2020/21 Recommendation Adopt Resolution No. 2020-225 of the Mayor and City Council of the City of San Bernardino, California to: 1. Ratify the Grant Budget submittal and accept the Grant Award of $379,581; and 2. Authorize the Director of Finance or designee to amend the FY 2020/21 adopted budget to reflect grant revenue and expenditures accordingly; and 3. Approve certain related purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2020 through June 30, 2021. Regular Meeting Agenda September 16, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 9/11/2020 17. Co-Operative Agreement with County of San Bernardino for Arrowhead Farm Area Street Rehabilitation Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-227 to approve the Cooperative Funding Agreement with the County of San Bernardino for the Arrowhead Farm Area Street Rehabilitation ("Project"); and amend the FY 2020/21 Capital Improvement Program to include the Project and establish Project budgets in the amount of $490,000 in Measure I Fund 129. 18. Award of Construction Contract for Pavement Rehabilitation at Eight Locations Recommendation It is recommended that the Mayor and City Council of the City of Sa n Bernardino, California, adopt Resolution No. 2020-228: 1. Approving a total project budget for pavement rehabilitation at eight locations (“Project”) the in the amount of $3,680,000 to include a construction contract in the amount of $3,196,338, project contingencies in the amount of $323,662, and engineering and inspection budgets in the amount of $160,000; and 2. Approving the award of a construction contract with Matich Corporation of San Bernardino, California in the amount of $3,196,338 for the Pro ject; and 3. Approving the carryover of the full remaining FY 2019/20 Capital Improvement Program budgets previously established for eleven street segments: and 4. Authorizing the Director of Finance to record budget adjustments to reallocate SB1 Funds (Fund 125) as necessary to support the full Project costs; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 19. Authorization to Proceed with the Vacation of a Portion of I Street 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 portions of “I” Street between Spruce and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street. 20. Resolution Approving the Application for Statewide Park Development and Community Revitalization Program Grant Funds Recommendation Adopt Resolution No 2020-229 of the Mayor and City Council of San Bernardino, California, approving the application for Statewide Park Development and Community Revitalization Program Grant Funds. Regular Meeting Agenda September 16, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 9/11/2020 21. Award of Professional Services Agreement with Tetra Tech BAS for Waterman Landfill Gas Monitoring and Ongoing Maintenance Recommendation Adopt Resolution 2020-234 of the Mayor and City Council of the City of San Bernardino, California, authorizing a professional services agreement for landfill gas extraction Operation, Maintenance and Monitoring (OM&M) with Tetra Tech BAS. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT 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, October 7, 2020 via web-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bern ardino, California, hereby certify that the agenda for the September 16, 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, September 11, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda September 16, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 9/11/2020 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.