HomeMy WebLinkAboutAnnotated Agenda 12-02-2020CITY 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, DECEMBER 2, 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. THE MEETING IS
BROADCAST LIVE ON TIME WARNER CHANNEL 3 OR CHARTER SPECTRUM
CHANNEL 3 AND LIVE STREAMED ONLINE AT
http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2988
MEMBERS OF THE PUBLIC WHO WISH TO COMMENT ON MATTERS BEFORE THE
MAYOR & CITY COUNCIL MAY PARTICIPATE IN THE FOLLOWING WAYS:
(1) COMMENTS AND CONTACT INFORMATION CAN BE EMAILED
TO publiccomments@SBCity.Org BY 4:00 P.M. THE DAY OF THE SCHEDULED
MEETING TO BE INCLUDED IN THE WRITTEN RECORD****;
(2) CALLING 909-384-5208, LEAVING A RECORDED MESSAGE, BY 4:00 P.M. THE DAY
OF THE SCHEDULED MEETING, NOT TO EXCEED THREE MINUTES, WHICH WILL
THEN BE PLAYED DURING THE PUBLIC COMMENT SECTION OF THE AGENDA
(3) IF YOU WISH TO MAKE A COMMENT DURING THE PUBLIC HEARING A REQUEST
TO SPEAK CAN BE EMAILED TO publiccomments@SBCity.Org AND AT THE TIME OF
THE REQUESTED AGENDA ITEM, THE CITY CLERK WILL PLACE A PHONE CALL TO
THE COMMENTER AND ALLOW THEM TO SPEAK TO THE MAYOR & COUNCIL VIA
SPEAKER PHONE DURING THE LIVE MEETING FOR UP TO THREE MINUTES.
PLEASE INDICATE ON WHICH ITEM YOU WISH TO SPEAK AND INCLUDE YOUR
NAME & PHONE NUMBER.
***ITEMS THAT ARE SUBMITTED TO BE PART OF THE MEETING RECORD CAN BE
FOUND USING THE LINK BELOW – SELECT THE CURRENT YEAR AND MEETING
DATE. IF YOU HAVE ANY QUESTIONS PLEASE CALL THE CITY CLERK’S OFFICE AT
909-384-5002.
http://edocs.sbcity.org/WebLink/Browse.aspx?id=4106724&dbid=0&repo=SB
Regular Meeting Agenda December 2, 2020
Mayor and City Council of the City of San Bernardino Page 2 Printed 12/3/2020
Theodore Sanchez John Valdivia James Mulvihill
MAYOR PRO-TEM, WARD 1 MAYOR COUNCIL MEMBER, W ARD 7
Sandra Ibarra
Robert D. Field
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Henry Nickel
COUNCIL MEMBER, WARD 5
Bessine L. Richard
COUNCIL MEMBER, WARD 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
Council Member, Ward 7 James Mulvihill
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
Regular Meeting Agenda December 2, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 12/3/2020
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
There were no public comments submitted for the Special Meeting of the Mayor and
City Council.
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.
Mayor Valdivia recognized the 5th anniversary of the December 2, 2015 San Bernardino
terrorist attacks and shared that the meeting will open and close in honor of the
survivors, the first responders, families, and those who lost their lives that day.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Valdivia asked Council Member Nickel to lead the Pledge of Allegiance to the
Flag.
CLOSED SESSION REPORT
The Mayor and City Council convened into Closed Session at 5:31 p.m.
City Attorney Carvalho reported that two items were discussed in Closed Session and
that there was reportable action on Item B – Conference with Legal Counsel –
Anticipated Litigation,
The City Council voted 7-0 to authorize the filing of receivership action for the
property located at 3618 Hemlock Drive.
CITY MANAGER UPDATE
Provided Mayor and Council with an update on road improvements and median
landscaping in the City, announced that Public Works is preparing for rain, Parks and
Recreation is in the process of conducting playground installations, and recognized
Animal Services for continuing to meet their status of a no-kill shelter.
Regular Meeting Agenda December 2, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 12/3/2020
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.
RESULT: ADOPTED (7-0)
MOVER: James Mulvihill, Councilmember, Ward 7
SECONDER: Theodore Sanchez, Councilmember, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
PRESENTATIONS
2. Recognition of Outgoing Councilmembers and Council Comments
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
At this time, the voice recorded public comments were played by the City Clerk for the
Mayor and City Council Members.
STAFF REPORTS
3. FY 2020/21 1St Quarter Budget Report (All Wards)
Recommendation
Receive and file the attached FY 2020/21 1st Quarter Budget Report
RESULT: Received and Filed
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:
Regular Meeting Agenda December 2, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 12/3/2020
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.
RESULT: RECEIVED AND FILED THE FINANCIAL IMPACT ANALYSIS
REPORT AND ADOPTED RESOLUTION NOS. 2020-271, 2020-272
AND 2020-273, CARRIED 7-0 - Passed Unanimously
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Theodore Sanchez, Councilmember, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
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.
RESULT: ADOPTED RESOLUTION NO. 2020-275, CARRIED 7-0 - Passed
Unanimously
MOVER: Juan Figueroa, Councilmember, Ward 3
SECONDER: James Mulvihill, Councilmember, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
Regular Meeting Agenda December 2, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 12/3/2020
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, establishment 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.
RESULT: ADOPTED RESOLUTION NO. 2020-283, INTRODUCED
ORDINANCE NO. MC-1550 AND SCHEDULED THE SECOND
READING FOR DECEMBER 16, 2020, AND ADOPTED
RESOLUTION 2020-284 CARRIED (5-2)
MOVER: Bessine Richard, Councilmember, Ward 6
SECONDER: Fred Shorett, Councilmember, Ward 4
AYES: Sanchez, Figueroa, Shorett, Richard, Mulvihill
NOES: Ibarra, Nickel
Regular Meeting Agenda December 2, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 12/3/2020
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.
RESULT: AUTHORIZED THE SUBMISSION OF THE FISCAL YEAR 2019/20
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT TO THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, CARRIED 7-0 - Passed
Unanimously
MOVER: James Mulvihill, Councilmember, Ward 7
SECONDER: Bessine Richard, Councilmember, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
8. CFD 2018-1 Annexation No. 2 (Ward 3)
Recommendation
1. Hold a Public Hearing;
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 District 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.
RESULT: ADOPTED RESOLUTION NO. 2020-286, CARRIED 7-0 - Passed
Unanimously
MOVER: Fred Shorett, Councilmember, Ward 4
SECONDER: Juan Figueroa, Councilmember, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
Regular Meeting Agenda December 2, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 12/3/2020
RESULT: ADOPTED RESOLUTION NO. 2020-287, CARRIED 7-0 - Passed
Unanimously
MOVER: James Mulvihill, Councilmember, Ward 7
SECONDER: Bessine Richard, Councilmember, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
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.
RESULT: ADOPTED (7-0) All items under the Consent Calendar were
unanimously approved.
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Councilmember, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
9. Approval of Commercial and Payroll Disbursements (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 Animal 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 contingencies 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
Regular Meeting Agenda December 2, 2020
Mayor and City Council of the City of San Bernardino Page 9 Printed 12/3/2020
Understanding (MOU) No. 15- 1001182 with San Bernardino County Transportation
Authority (SBCTA) for the Redlands Passenger Rail Project.
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 Senior Mortgage Relating to
real property located at 1545 Lynwood Way, San Bernardino, California.
ITEMS TO BE REFERRED TO COMMITTEE
At this time, the Mayor and Council Members referred items to staff.
REPORTS ON CONFERENCES/MEETINGS ATTENDED
Council Member Mulvihill reported that he virtually attended to the 11th Annual Southern
California Economic Summit hosted by SCAG.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 10:23 p.m. on
Wednesday, December 2, 2020.
__________________________________
Genoveva Rocha, CMC, City Clerk