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HomeMy WebLinkAboutAnnotated Agenda 05-20-2020CITY 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, MAY 20, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION WEB-CONFERENCE • VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG IMPORTANT COVID-19 NOTICE IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF COVID -19 (CORONAVIRUS) AND TO ENABLE APPROPRIATE SOCIAL DISTANCING, THE MAYOR & CITY COUNCIL MEETING WILL NOT BE OPEN TO PUBLIC ATTENDANCE. THE CITY OF SAN BERNARDINO ENCOURAGES THE PUBLIC TO VIEW THIS MAYOR & CITY COUNCIL MEETING ON TELEVISION OR ONLINE. 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IF YOU HAVE ANY QUESTIONS PLEASE CALL THE CITY CLERK’S OFFICE AT 909-384-5002. http://edocs.sbcity.org/weblinkcc/Browse.aspx?startid=112 Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/25/2020 Theodore Sanchez John Valdivia James Mulvihill MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, W ARD 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 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.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    Left Meeting at 7:39 p.m. Council Member, Ward 7 James Mulvihill    Mayor John Valdivia    Acting City Clerk Genoveva Rocha    City Attorney Sonia Carvalho    City Manager Teri Ledoux    Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/25/2020 5:30 P.M. CLOSED SESSION PUBLIC COMMENT At this time, the public comments for Closed Session were heard. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Christopher Emon v. City of San Bernardino, Workers’ Comp. Claim No. 19- 141831 ii. Tony Lopez v. City of San Bernardino, Workers’ Comp. Claim No. 19- 141660 iii. Marc Alvarez v. City of San Bernardino, Workers’ Comp. Claim No. 19- 141123 iv. Kimberly Hernandez v. City of San Bernardino, Workers’ Comp. Claim No. 19-141065 v. Garrett Hoefer v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ12629020 and ADJ12205072 vi. Arthur Wilder v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10036 vii. Christine Keil v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9761 vii. Kirk Mueller v. City of San Bernardino, Workers’ Comp. Case Nos.. ADJ8814899, ADJ8814896 and ADJ8814892 viii. Gregory Parker v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ2625134, ADJ5826411, ADJ7342091, ADJ11426571, ADJ9841377, ADJ9684763 and Workers’ Comp. Claim No. CSBY9748 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case (C) PUBLIC EMPLOYEE APPOINTMENT - City Clerk (D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8): Property: Bryce Hanes Park, 534 W 9th St. (APN 0140-143-54) Agency Negotiator: Teri Ledoux, City Manager Negotiating Parties: San Bernardino Valley Municipal Water District Under Negotiation: Price and Terms Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/25/2020 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT The Mayor and City Council convened into Closed Session at 5:33 p.m. City Attorney Sonia Carvalho informed that the City Council unanimously voted to authorize the City Attorney’s Office to file a receivership action on a nuisance abatement property. PRESENTATIONS 1. Census 2020 Update, Presented by San Bernardino County San Bernardino County Partnership Specialist, Melissa C. Padilla provided an update on the 2020 Census. 2. Fire District FP5 Funding Impacts, Presented by Fire Chief, Dan Munsey PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, the public comments for items listed and not listed on the agenda were heard. STAFF REPORTS 3. Purchase and Sale Agreement with Mark Development, LLC for Real Property Located Between Arden and Guthrie Avenues, South of Highland Avenue – Successor Agency Action Recommendation It is recommended that the Mayor and City Council, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, adopt Resolution No. 2020-91 approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and Mark Development, LLC, a California limited liability company, with respect to the real property located on the north by Highland Avenue, between Arden Avenue and Guthrie Avenue, and on the south by 20th Street, between Arden Avenue and Guthrie Avenue, San Bernardino, California (APNs 1191-021-01, 1191-021-11 to 69, 1191-041-17 to 22, and 1191- 041-25 to 32), and approving certain related actions. jeopardy. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/25/2020 RESULT: Adopted Resolution No. 2020-91 approving the Purchase and Sale Agreement and Joint Escrow Instructions with Mark Development, LLC. MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Henry Nickel, Councilmember, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 4. Lease Extension Agreement - Vanir Tower Building, Inc. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution 2020-105 authorizing the City Manager to execute Amendment No. 2 ("Second Amendment") to the Lease with Vanir Tower Building, Inc., at 290 North D Street, San Bernardino, California, extending the Lease Agreement through June 30, 2021. RESULT: Directed Staff to enter into a six-month extension to the Lease agreement for the Lease with Vanir Tower Building, Inc., negotiate with the building management to see what the cost savings would be if only the first and third floors are occupied, with a reduction of the eighth floor, and hold a study session regarding the status of the former city hall building MOVER: Juan Figueroa Councilmember, Ward 3 SECONDER: Henry Nickel, Councilmember, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Nickel ABSENT: Richard NOES: Shorett and Mulvihill 5. Issue Purchase Orders for Unmarked Police Vehicles Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-107: 1. Repealing Resolution No. 2020-74; and 2. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget and issue multiple purchase orders at a total not to exceed $115,000 for the purchase of pre-owned unmarked police vehicles from the best option vendors selected. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/25/2020 RESULT: Adopted Resolution No. 2020-107 repealing Resolution No. 2020—74, and authorizing the Director of Finance to amend the FY 2019-20 adopted budget and issue multiple purchase orders at a total not to exceed $115, 000 for the purchase of pre-owned unmarked police vehicles from the best option vendors selected MOVER: Theodore Sanchez, Councilmember, Ward 1 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Nickel, Shorett, and Mulvihill ABSENT: Richard NOES: None PUBLIC HEARINGS 6. Public Hearing Regarding Resolution Establishing Certain Fees for Services Furnished by the City Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a public hearing regarding a resolution establishing certain fees for services; and adopt Resolution No. 2020-106 of the Mayor and City Council of the City of San Bernardino, California, establishing certain fees for services furnished by the City of San Bernardino and repealing Resolution Nos: 2008-277, 2009-122 and 2009-161. RESULT: Adopted Resolution No. 2020-106 establishing certain fees for services furnished by the City of San Bernardino, and repealing Resolution Nos. 2008-277, 2009-122, and 2009-161 MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Theodore Sanchez, Councilmember, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 7. Adopt a Resolution Approving the Substantial Amendment to the 2006 HUD Section 108 Loan Recommendation Adopt Resolution No. 2020-45 of the Mayor and City Council of the City of San Bernardino, California, approving the Substantial Amendment to the 2006 HUD Section 108 Loan Guarantee Assistance for the North Arden Guthrie Project. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/25/2020 RESULT: Adopted Resolution No. 2020-45 approving the Substantial Amendment to the 2006 HUD Section 108 Loan Guarantee Assistance for the North Arden Guthrie Project MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Sandra Ibarra, Councilmember, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 8. First Reading of Ordinance MC-1531 for Sign Regulations Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce for first reading, Ordinance MC-1531 of the Mayor and City Council of the City of San Bernardino, California, adopting the Negative Declaration and approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development 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 June 3, 2020. RESULT: Introduced for First Reading of Ordinance No. MC-1531 for Sign Regulations Update and set the Final Reading for Wednesday, June 3, 2020. MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 9. Street Vacation of a Portion of Artesia Street, South of Rialto Avenue Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a public hearing, per Street and Highway Code 8322-8325, to consider comments on the proposed street vacation; and adopt Resolution 2020-93 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Artesia Street, South of Rialto Avenue, and the reservation of utilities therein. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/25/2020 RESULT: Adopted Resolution No. 2020-93 approving vacation of a portion of Artesia Street, South of Rialto Avenue, and the reservation of utilities theirin MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Fred Shorett, Councilmember, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 10. Street Vacation of a Portion of Home Avenue, “I” Street, Montgomery Street, and the Reservation of Utilities Therein Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing, per Street and Highway Code 8322-8325, to consider comment on the proposed street vacation; and 2. Adopt Resolution No. 2020-94 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Home Avenue, “I” Street, Montgomery Street, and the reservation of utilities therein. RESULT: Adopted Resolution No. 2020-94 approving vacation of a portion of Home Avenue, “I” Street, Montgomery Street, and the reservation of utilities theirin MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 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. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/25/2020 RESULT: Approve the Consent Calendar pulling Item Nos. 13, 18, and 19 for discussion. MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 11. February and March 2020 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City’s Board, Commission, and Citizen Advisory Committee meetings approved in March 2020. 12. 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 April 2020. 13. First Amendment to the Professional Services Agreement Between the City of San Bernardino and Barboza & Associates for Investigation Services Recommendation Adopt Resolution 2020-95 of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to the Professional Services Agreement between the City of San Bernardino and Barboza & Associates for workplace investigation services. RESULT: Continued to a future meeting to obtain an update from the Barboza and Associates investigator. MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Sandra Ibarra, Councilmember, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/25/2020 14. A Resolution Authorizing Submittal of an Application for Permanent Local Housing Allocation Funds; and a Resolution Approving the Permanent Local Housing Allocation Funds Section 302(C)(4) Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2020-79 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or Assistant City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation Funds from the California Department of Housing and Community Development; and 2. Adopt Resolution No. 2020-92 of the Mayor and City Council of the City of San Bernardino, approving the Permanent Local Housing Allocation Funds Section 302(c) (4) Plan. 15. Amended Recognized Obligation Payment Schedule 2020-2021B for the Period of January 1, 2021 through June 30, 2021 Recommendation It is recommended that the Mayor and City Council, in its capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approve the amended Recognized Obligation Payment Schedule 2020-2021B and authorize the City Manager, or designee, to administer its filing and implementation consistent with the California Health and Safety Code and as more particularly described within the staff report. 16. Final Reading and Adoption of Ordinance MC-1536 Amending Ordinance MC- 1522 and Levying Special Taxes to be Collected During Fiscal Year 2020/21 for Community Facilities District No. 2019-1 (Maintenance Services) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct the final reading and adoption of Ordinance MC-1536 amending Ordinance 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 street lights, traffic signals, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). 17. Award of Construction Contract for Demolition of 4004 Electric Avenue & 314 W. 40TH Street Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-97: Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 5/25/2020 1. Authorizing expenditures in a total amount of $46,168 for the demolition of 4004 Electric Avenue and 314 W. 40th Street in support of CIP SS04-014 40th Street Widening from Johnson Street to Electric Avenue (“Project”) to include a construction contract in the amount of $40,168, contingencies in the amount of $4,000 and engineering and inspection costs in the amount $2,000; and 2. Approving the award of a Construction Contract with Interior Demolition, Inc. of Montrose, California, in the amount of $40,168 to perform the demolition work; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 18. Award of Construction Contract for Citywide Bus Stop Improvements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-98: 1. Accepting TDA Article 3 Transit Stop Access Program Grant in the amount of $26,936; and 2. Amending the FY 2019/20 Capital Improvement Plan (CIP) to include Citywide Bus Stop Improvements (“Project’); and 3. Approving a total project budget in the amount of $66,000 to include the construction contract in the amount of $58,880, project contingencies in the amount of $6,020, and engineering and inspection budgets in the amount of $1,100; and 4. Approving the award of a Construction Contract with TRYCO General Engineering of Lake Arrowhead, California in the amount of $58,880; and 5. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $39,064 in Measure I Funds (Fund 129) to the Project; and 6. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: Adopted Resolution No. 2020-98. MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Theodore Sanchez, Councilmember, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 5/25/2020 19. Mt. Vernon Bridge Replacement Project – Construction and Maintenance Agreement Between the City of San Bernardino, San Bernardino County Transportation Authority (SBCTA), and Burlington Northern Santa Fe Railway (BNSF) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-99, approving Construction and Maintenance Agreement No. 19-1002208 ("Agreement") with San Bernardino County Transportation Authority (SBCTA), and Burlington Northern Santa Fe Railway (BNSF) for the demolition, construction, and maintenance of the Mt. Vernon Bridge; and authorizing the City Manager to execute the Agreement. RESULT: Adopted Resolution No. 2020-99 approving Construction and Maintenance Agreement No. 19-1002208 (Agreement) with San Bernardino County Transportation Authority (SBCTA) and Burlington Northern Santa Fe Railway (BNSF) MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Theodore Sanchez, Councilmember, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 20. Fiscal Year 2020-21 Assessment Levies for Previously Formed Districts Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution Nos. 2020-100, 2020-101, 2020-102, 2020-103 and 2020-104, declaring intention to levy and collect assessments for Fiscal Year 2020/21 within various assessment districts within the City of San Bernardino, approving engineer’s reports for each assessment district, and providing notice of the time and place of hearing on proposed assessments in each assessment district. ITEMS TO BE REFERRED TO COMMITTEE At this time the Mayor and Councilmembers referred items to Staff. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences or meetings attended from the Mayor and City Council. Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 13 Printed 5/25/2020 ADJOURNMENT The regular meeting of the Mayor and City Council was adjourned at 10:35 p.m. on Wednesday, May 20, 2020. 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, June 3, 2020, Via Zoom. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.