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HomeMy WebLinkAboutAnnotated Agenda 02-05-2020CITY OF SAN BERNARDINO Annotated 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, FEBRUARY 5, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION COUNCIL CHAMBER • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia James Mulvihill COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, W ARD 7 Sandra Ibarra Teri Ledoux COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Gary D. Saenz COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Georgeann “Gigi” Hanna COUNCIL MEMBER, WARD 4 CITY CLERK Henry Nickel VACANT COUNCIL MEMBER, WARD 5 CITY TREASURER Bessine L. Richard COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak to publiccomments@sbcity.org prior to 5:30 p.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. 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 Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o All who wish to speak, including Council Members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. 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. o Please turn off or mute your cell phone while the meeting is in session. Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 2/6/2020 Annotated 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, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, FEBRUARY 5, 2020 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:00 PM by Mayor John Valdivia on Wednesday, February 5, 2020 in the Board Room, 201 North "E" Street. San Bernardino, CA. CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    7:00 p.m. Council Member, Ward 2 Sandra Ibarra    7:00 p.m. Council Member, Ward 3 Juan Figueroa    7:00 p.m. Council Member, Ward 4 Fred Shorett    7:00 p.m. Council Member, Ward 5 Henry Nickel    7:00 p.m. Council Member, Ward 6 Bessine L. Richard    7:00 p.m. Council Member, Ward 7 James Mulvihill    7:00 p.m. Mayor John Valdivia    7:00 p.m. City Clerk Georgeann "Gigi" Hanna    7:00 p.m. City Attorney Gary D. Saenz    7:00 p.m. City Manager Teri Ledoux    7:00 p.m. 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 2/6/2020 APPOINTMENTS 1. Michael A. Lara - Appointment to Arts & Historical Commission - Mayor John Valdivia Approved Motion: Appoint Mr. Michael A. Lara to the Arts and Historical Preservation Commission. Mr. Lara will be replacing Robert Stevenson as a mayoral appointment. RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 2. Charter Review Commission Appointment - Gerard G. Carole - Ward 1 Approved Motion: Appoint Mr. Gerard G. Carole to the Charter Review Commission (Ward 1). RESULT: ADOPTED [5-2] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill 3. Charter Review Commission Appointment - Angela M. Torres - Ward 3 Approved Motion: Appoint Ms. Angela M. Torres to the Charter Review Commission (Ward 3). RESULT: ADOPTED [5-2] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill 4. Charter Review Commission Appointment - Michael A. Lara - Ward 5 Approved Motion: Appoint Mr. Michael A. Lara to the Charter Review Commission (5th Ward). Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 2/6/2020 RESULT: ADOPTED [5-2] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill PRESENTATIONS 5. Chamber of Commerce & Local Elected Officials Announcements 6. County Fire Presentation by San Bernardino County Fire Chief Dan Munsey 7. Aquinas High School Football Team – CIF Division 5 Champions and 2AA Southern Section Regional Champions - Mayor John Valdivia 8. OmniTrans: ConnectForward Proposed Service Changes - Jeremiah P. Bryant PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, the public was invited to speak on items not listed on the agenda. STAFF REPORTS No staff reports were presented at this meeting. PUBLIC HEARINGS 9. Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees The mayor opened the public hearing at 8:16 p.m. The hearing closed at 8:19 .m. Approved Motion: Adopt the resolution Reso. 2020-25 Resolution of the Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain properties for unpaid business registration taxes and penalties; and instructing the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A) that were resolved prior to the hearing. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel Richard, Mulvihill 10. Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4, APN 0266-041-39, Adoption of Resolutions for Annexing into the Community Facilities District, and First Reading of an Ordinance Amending Ordinance Levying Special Taxes for Fiscal Year 2020-21 Approved Motion: Adopt the resolutions; and Introduce, read by title only, and waive further reading Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 2/6/2020 of Ordinance No. MC-1528; and Schedule the final reading and adoption of Ordinance No MC-1528 for March 4, 2020. Reso. 2020-20 Resolution 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. 3). RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Reso. 2020-21 Resolution of the Resolution 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. 3). RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill MC-1528 Ordinance 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, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nikel, Richard, Mulvihill Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 2/6/2020 11. Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment 19-01, Development Code Amendment (Zoning Map Amendment) 19-05, Subdivision 19-03 (Tentative Parcel Map 20120), and Conditional Use Permit 19-10 – Norton Science and Language Academy Project Approved Motion: Adopt the resolutions; Introduce, read by title only, and waive further reading of Ordinance No. MC-1530; and Schedule the final reading and adoption of Ordinance No MC-1530 for February 19, 2020. Reso. 2020-26 Resolution 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 19-01 to change the General Plan Land Use Designation from Single-Family Residential and Industrial to Public/Quasi-Public of sixteen (16) parcels (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57) containing a total of approximately 18.06 acres (Attachment 1). Reso. 2020-27 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 19-03 (Tentative Parcel Map 20120) to consolidate sixteen (16) parcels into two (2) parcels containing approximately 15.66 acres (parcel 1) and approximately 2.20 acres (parcel 2) and Conditional Use Permit 19-10 to allow the development, establishment, and operation of a charter school containing approximately 89,890 square feet to be built on parcel 1, located at 230 S. Waterman Avenue (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57), pursuant to a Mitigated Negative Declaration (Attachment 3). MC-1530 Ordinance of the Mayor and City Council of the City of San Bernardino, California approving Development Code Amendment (Zoning Map Amendment) 19-05 to change the Zoning District Classification from Residential Suburban (RS) and Office Industrial Park (OIP) to Public Facilities (PF) of sixteen (16) parcels (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57) containing a total of approximately 18.06 acres, pursuant to a Mitigated Negative Declaration (Attachment 2). Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 2/6/2020 RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion, unless a council or staff member has pulled the item for more discussion. RESULT: APPROVE THE CONSENT CALENDAR AND PULL ITEM NOS. 14&20. ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nikel, Richard, Mulvihill 12. Council Approval of Draft Minutes for September 18, 2019, December 4, 2019 and January 15, 2020 Approved Motion: Approve the minutes from the Mayor and City Council meetings of September 18, 2019, December 4, 2019, and January 15, 2020. 13. Approval of Commercial and Payroll Disbursements Approved Motion: Approve the commercial and payroll disbursements for December 2019 and January 2020. 14. Approval of a Resolution Authorizing Certain Officers to Invest Funds in the Local Agency Investment Fund (LAIF) Approved Motion: Adopt the resolutions. Reso. 2020-28 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing investment of monies in the Local Agency Investment Fund (LAIF) in accordance with California Government Code Section 16429.1 and approving a list of designated City Officers authorized to order deposits and withdrawal of funds in the Local Agency Investment Fund. Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 2/6/2020 RESULT: ADOPTED [6-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Nikel, Richard, Mulvihill ABSENT: Shorett 15. Accept and File the Quarterly Investment Portfolio Report as of December 31, 2019 Approved Motion: Accept and file the Quarterly Investment Portfolio Report as of December 31, 2019. 16. Authorize the City Manager to Respond to FY 2014/15 Grand Jury Final Report from the San Bernardino County Civil Grand Jury Approved Motion: Authorize the City Manager to respond to the FY 2014/15 Grand Jury Final Report from the San Bernardino County Civil Grand Jury. 17. Homeland Security Grant Program Approved Motion: Adopt the resolution. Reso. 2020-29 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2018 Homeland Security Grant Program (HSGP) in the amount of $38,025; and authorizing the Director of Finance to amend the FY 2019/20 Adopted Budget to increase revenue and expenditures by $38,025. 18. Agreement with Southern California Mountains Foundation for Improvements at Bobby Vega Park Approved Motion: Adopt the resolution. Reso. 2020-30 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an agreement between the City of San Bernardino and the Southern California Mountains Foundation for the donation of labor, material, and equipment for the design and construction of improvements at Bobby Vega Park located at 800-862 North Garner Avenue, San Bernardino CA 92411. Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 2/6/2020 19. Authorize the Issuance of a Purchase Order to RDO Vermeer, LLC., for the Purchase of a Brush Chipper Approved Motion: Adopt the resolution. Reso. 2020-31 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the purchase of a 2019 Vermeer BC1800XL Brush Chipper from RDO Vermeer, LLC of Fontana, CA, in the amount of $59,697.79; authorizing the Finance Director to record budget amendments in the current Streets and Tree Maintenance operating budgets to reallocate funding for the purchase; and authorizing the Finance Director to issue a purchase order in the support of the equipment purchase. 20. Award of Construction Contract for to Micon Construction, Inc. for Playground Equipment Replacement - Phase 2 Approved Motion: Adopt the resolution. Reso. 2020-32 Resolution of the Mayor and City Council of the City of San Bernardino, California approving the award of a Construction Contract with Micon Construction, Inc., in the amount of $1,063,037; authorizing the Director of Finance to increase the total project budget amount to $1,200,000, including the cost of the Construction Contract in the amount of $1,063,037, project contingency in the amount of $100,963, and engineering and inspection budgets in the amount of $36,000; authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $200,000 in Community Development Block Grant Funds, ($65,300) from Lytle Creek Community Center Roof Replacement and ($134,700) from Jerry Lewis Swim Center Facility Improvements to the Project; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nikel, Richard, Mulvihill Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 2/6/2020 21. City County Payment Program FY 2019/20 Approved Motion: Adopt the resolution. Reso. 2020-33 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for payment programs for recycling beverage containers offered by CalRecycle and approving related authorizations. 22. Award of Construction Contract for Jerry Lewis Swim Center Facility Improvements Approved Motion: Adopt the resolution. Reso. 2020-34 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with San Marino Roof Co., Inc. in the amount of $199,703 for Jerry Lewis Swim Center Facility Improvements; approving an amendment to the FY2019/20 Community Development Block Grant program of work to reflect a total budget amount of $230,000 for the Project, including the cost of the Construction Contract in the amount of $199,703, project contingency in the amount of $20,000, and engineering and inspection budgets in the amount of $10,297; authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project; and authorizing the Director of Finance to reallocate the remaining $210,000 in unused CDBG funding from this project to support other, previously approved, CDBG eligible Public Works Projects. 23. Second Amendment to Agreements with Keller Williams Realty Approved Motion: Adopt the resolutions. Reso. 2020-1 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell a City-owned real property asset and approving certain related actions. Reso. 2020-2 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving an amendment to the Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 2/6/2020 agreement with Keller Williams Realty Redlands to list and sell certain Successor Agency-owned real property assets and approving certain related actions. 24. Extension of the Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for the 5Th Street Gateway Property Approved Motion: Adopt the resolution. Reso. 2020-35 Resolution of the Mayor and City Council of the City of San Bernardino, California extending the Exclusive Right to Negotiate Agreement by and between the City of San Bernardino and ICO Real Estate Group, Inc. for the 5th Street Gateway Property. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1919509 (B) PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b): City Clerk (C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: i. Property Address: An approximately 17.61 gross acre vacant (retail/commercial)site consisting of 74 parcels located at the southwest corner of East Highland and Arden Avenues - APNs 1191-021-01; 1191- 021-11 to 69; 1191-041-17 to 22; and 1191-041-25 to 32 Agency Negotiator: Teri Ledoux, City Manager Negotiating Parties: Mark Development, Inc. Under Negotiation: Price and Terms of Payment Regular Meeting Annotated Agenda February 5, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 2/6/2020 CLOSED SESSION REPORT ADJOURNMENT The meeting adjourned at xxxx. 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, February 19, 2020 in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Georgeann “Gigi” Hanna, MMC