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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.