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HomeMy WebLinkAbout12-02-2020 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=2988 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: 11/018/2020 – Open Session- Agenda Item No. 1 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 numb er. 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=4106724&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 A GENCY 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, DECEMBER 2, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Jim Mulvihill MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, W ARD 7 Sandra Ibarra Robert D. Field 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 Cit y of San Bernardino. 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 Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. 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 December 2, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 11/25/2020 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 Manager Robert D. Field    City Attorney Sonia Carvalho    City Clerk Genoveva Rocha    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)): 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) (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One item 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPOR T CITY MANAGER UPDATE APPOINTMENTS 1. Arts and Historical Preservation Commission Appointment (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Anthony R. Aguirre to the Arts and Historical Preservation Commission representing Ward 3. Mr. Aguirre will replace Lely L. Lim with the term ending December 2024. Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 11/25/2020 PRESENTATIONS 2. Recognition of Outgoing Councilmembers and Council Comments PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 3. FY 2020/21 1St Quarter Budget Report (All Wards) Recommendation Receive and file the attached FY 2020/21 1 st Quarter Budget Report 4. Impact Report for Petition Entitled “Initiative Measure Proposing to Reduce the Rate of the City of San Bernardino Service Users Tax from 7.75% to 3%” and Further Action by City Council on the Initiative Petition (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1. Receive and file the financial impact analysis report of the proposed measure to reduce the rate of the City’s Service Users Tax from 7.75 percent to 3 percent. 2. Submit the Measure to the voters at the next regular General Municipal Election on November 8, 2022, including the adoption of the required Resolutions: 1. Resolution No. 2020-271 of the Mayor and City Council of the City of San Bernardino, submitting to the qualified voters of the City of San Bernardino an initiative measure reducing the rate of the city’s service users tax from seven and three-quarters percent (7.75%) to three percent (3%), at the general municipal election to be held on Tuesday, November 8, 2022. 2. Resolution No. 2020-272 of the Mayor and City Council of the City of San Bernardino, requesting the Board Of Supervisors of the County Of San Bernardino to consolidate a General Municipal Election to be held on November 8, 2022 with the Statewide General Election to be held on that date pursuant to Elections Code Section 10403. 3. Resolution No. 2020-273 of the Mayor and City Council of the City of San Bernardino providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding a City measure to be submitted at the November 8, 2022 General Municipal Election. 5. Approval of Waterman + Baseline Neighborhood Specific Plan Recovery Fee (Wards 1, 2) Recommendation Adopt Resolution No. 2020-275 of the Mayor and City Council of the City of San Bernardino, California, approving the Waterman + Baseline Neighborhood Specific Plan Recovery Fee to recover the costs of preparation of the Specific Plan. Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 11/25/2020 PUBLIC HEARINGS 6. San Bernardino Travel Center (Ward 6) Recommendation Planning Commission recommends that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2020 -283 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 20-01 changing the General Plan Land Use Designation from Commercial to Industrial of ten (10) parcels containing a total of approximately 8.10 gross acres (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41 ); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1550 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20 -02 changing the Zoning District Classification from Commercial General (CG -1) to Industrial Light (IL) of ten (10) parcels containing a total of approximately 8.10 gross acres (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), pursuant to a Mitigated Negative Declaration; 3) Adopt Resolution No. 2020 -284 of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit 20 -10 and Public Convenience or Necessity Letter 20 -04 allowing the consolidation of ten (10) parcels containing a total of approximately 8.10 gross acres into two (2) parcels containing approximately 6.58 net acres (Parcel 1) and 1.40 net acres (Parcel 2) and the development, establishme nt and operation of a Travel Center (Parcel 1) comprised of a service station, convenience store with an Alcoholic Beverage Control Type-20 (Off-Sale Beer and Wine) License and restaurant with drive -thru, and truck fueling station and over-night truck parking areas (Parcel 2) located on the southwest corner of N. Palm Avenue and W. Kendall Drive (APN: 0266 -021- 17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), pursuant to a Mitigated Negative Declaration; and 4) Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on December 16, 2020. 7. Submittal of the FY 2019 -2020 Consolidated Annual Performance and Evaluation Report CAPER (Citywide) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the submission of the Fiscal Year 2019/20 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development. 8. CFD 2018-1 Annexation No. 2 (Ward 3) Recommendation 1) Hold a Public Hearing; Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 11/25/2020 2) Adopt Resolution No. 2020 -286, a Resolution 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 Distr ict No. 2018-1 (Safety Services), and calling elections therein; 3) Hold a special landowner election and canvass the election; 4) Adopt Resolution No. 2020 -287, a Resolution 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 December 2, 2020 annexation and special tax election. CONSENT CALENDAR 9. Approval of Commercial and Payroll Dis bursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for November 2020. 10. Construction Contract Award for Cat Sanctuary at Anima l Shelter - HVAC Upgrade (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020 -277: 1. Appropriating $81,000 from the Animal Shelter Improvement Fund and authorizing the Director of Finance to amend the FY 2020/21 CIP to include HVAC upgrades for a Cat Sanctuary at the Animal Shelter (“Project”); 2. Approving a budget amount of $81,000 for the Project, to include construction costs in the amount of $68,380, project c ontingencies in the amount of $7,620, and engineering and inspection budgets in the amount of $5,000; and 3. Approving the award of a construction contract with WCM & Associates, Inc. of Redlands, California in the amount of $68,380 for the Project. 11. Amendment No. 1 to MOU No. 15 -1001182 with SBCTA for Redlands Passenger Rail Project (Ward 1) Recommendation Adopt Resolution No. 2020-280 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 to Memorandum of Understanding (MOU) No. 15 - 1001182 with San Bernardino County Transportation Authority (SBCTA) for the Redlands Passenger Rail Project. Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 11/25/2020 12. HOME Investment Partnerships Program Infill Housing Development Master Agreements (Wards 1, 2, 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2020 -281 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Home Investment Partnerships Program (HOME) Infill Housing Development Master Agreements with Neighborhood Partnerships Housing Services (NPHS) and Mary Erickson Community Housing (MECH) to implement the Infill Housing Program; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the agreements. 13. Subordination of a Deed of Trust in Connection with 1545 Lynwood Way, San Bernardino, California (Ward 7) Recommendation Adopt a Resolution No. 2020 -282 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 a Subordination of a Deed of Trust in connection with a refinancing of the Senio r Mortgage Relating to real property located at 1545 Lynwood Way, San Bernardino, California. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENC ES/MEETINGS ATTENDED ADJOURNMENT Mayor and City Council and the Mayor and City Council Acting as the Success or Agency to the Redevelopment Agency will adjourn to a Special Meeting to be held on Wednesday, December 16, 2020 via tele-conference. The Special Meeting will begin at 5:30 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 December 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 Wednesday, November 25, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda December 2, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 11/25/2020 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Age ncy 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 A gency 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.