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Home My WebLink About04-15-2020 Public AgendaCITY 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, APRIL 15, 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=2834 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 4:30 P.M. THE DAY OF THE SCHEDULED MEETING TO BE INCLUDED IN THE WRITTEN RECORD; (2) CALLING 909-384-5128, LEAVING A RECORDED MESSAGE, BY 4:30 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. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/10/2020 Theodore Sanchez John Valdivia James Mulvihill MAYOR PRO-TEM, W ARD 1 MAYOR COUNCIL MEMBER, W ARD 7 Sandra Ibarra Teri Ledoux COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, WARD 4 ACTING 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    Acting City Clerk Genoveva Rocha    City Attorney Sonia Carvalho    City Manager Teri Ledoux    Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/10/2020 5:30 P.M. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. David Miller v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10159 ii. Sencio Chavez v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9611 iii. George Gabera v. City of San Bernardino, Workers’ Comp. Claim No. CBSY- 9485 iv. Thomas Shank v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10413 v. Gregory Parker v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ1092715; ADJ3728783; ADJ4657808; ADJ693593; ADJ9657857; and ADJ10586898 vi. Carmen Acosta v. City of San Bernardino, Workers’ Comp. Claim No. 17- 132061 vii. Jonathan Keil v. City of San Bernardino, Workers’ Comp. Claim No. CSBY10171 viii. Daniel Han v. City of San Bernardino, Workers’ Comp. Claim No. 18-137756 ix. Kimberly Graham v. City of San Bernardino, Workers’ Comp. Claim No. 17- 132017 x. David Johnson v. City of San Bernardino, Workers’ Comp. Claim No. 18- 137083 xi. Michael Gomez v. City of San Bernardino, Workers’ Comp. Claim No. 18- 139152 xii Randall Wilson v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 8968 xiii. Joey Zink v. City of San Bernardino, Workers’ Comp. Case No. ADJ2194535 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case (C) PUBLIC EMPLOYEE APPOINTMENTS - Pursuant to Government Code Section 54957(b): City Manager initiated to discuss procedure related to future appointments 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/10/2020 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 1. COVID-19 – Impact on City Operations and Revenue Recommendation Receive an update on the impact the novel coronavirus (COVID-19) pandemic is anticipated to have on City operations and revenue. 2. Results of the Letter of Interest for the Bice Property Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, consider: 1. Directing the City Manager to proceed with the preparation of an Exclusive Right to Negotiate Agreement (“ENA”) between the City of San Bernardino and SA Marina, LLC for the purchase and development of the Bice property; and 2. Requesting that the final draft ENA come before the Mayor and City Council for final consideration. 3. Resolution Authorizing Submittal of an Application for Permanent Local Housing Allocation Funds Recommendation Adopt Resolution No. 2020-60 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. 4. Introduction and First Reading of Ordinance MC-1535 – Pertaining to the Use of Fireworks Within City Limits Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California introduce, read by title only, and waive further reading of Ordinance MC- 1535, amending Chapters 8.60 and 8.61 of Title 8 and Chapter 9.93 of Title 9 of the San Bernardino Municipal Code, pertaining to the use of fireworks within city limits. 5. Budget Amendment for the Offices of the Mayor and City Manager and Ordinance Amending Chapter 2.02 of the Municipal Code Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Amend the FY 2019/20 Adopted Budget to transfer the Mayor’s Chief of Staff (U), Assistant to the Mayor II (U), Senior Customer Service Representative (U) and part-time personnel from the Office of the Mayor to the Office of the City Manager effective April 16, 2020. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/10/2020 2. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1534, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.02 of the San Bernardino Municipal Code assigning responsibility to the City Manager for the administration of the Offices of the City Council, Mayor and City Attorney. 6. Approval of Request for Legal Representation Recommendation Review and consider request for legal representation for Mayor John Valdivia pursuant to Government Code Section 995 and select attorney for requested representation. PUBLIC HEARINGS 7. Draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing and Draft FY 2020-2021 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing on the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020- 2021 Annual Action Plan associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs; and 2. Adopt the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing and draft Fiscal Year 2020-2021 Annual Action Plan as an application for funding under Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant; and 3. Authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the draft Fiscal Year 2020-2025 Consolidated Plan and draft Fiscal Year 2020-21 Annual Action Plan and necessary certifications to the United States Department of Housing and Urban Development; and 4. Direct the Finance Director to amend the budget for Emergency Solutions Grant (ESG) unspent dollars. CONSENT CALENDAR 8. Approval of Commercial Checks and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for March and April 2020. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/10/2020 9. City Council Approval of Draft Minutes for the Regular Meeting of March 4, 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the Mayor and City Council meeting of March 4, 2020. 10. Adopt Resolution Reciting the Fact of the Primary Municipal Election Held on March 3, 2020 Recommendation Adopt Resolution No. 2020-62 of the Mayor and City Council of the City of San Bernardino, California, reciting the fact of the Primary Municipal Election consolidated with the Presidential Primary Election held on March 3, 2020 declaring the result and such other matters as provided by law. 11. Resolution Confirming City Manager's Executive Order No. 2020-03 Recommendation Adopt Resolution No. 2020-63 of the Mayor and City Council of the City of San Bernardino, California, confirming the City Manager's Executive Order No. 2020-03 pursuant to Municipal Code 2.46.090 extending the stay on the City’s compliance with any deadlines established by the City until May 4, 2020. 12. Resolution Authorizing the City Manager to Complete and Obtain Necessary Signatures to Complete Cal OES Form 130 for Purposes of Obtaining Emergency Funding Recommendation Adopt Resolution No. 2020-71 authorizing the City Manager to complete and obtain necessary signatures to complete Cal OES form 130 for purposes of obtaining emergency funding. 13. Adopt a Resolution Authorizing the Execution of an Agreement with SB County for CAL-ID Recommendation Adopt Resolution No. 2020-73 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an agreement with the County of San Bernardino for the implementation and operation of all Biometric Identification Systems and DNA Services (San Bernardino CAL-ID). 14. Professional Services Agreement with PlaceWorks for the Foisy Project Recommendation Adopt Resolution No. 2020-64 of the Mayor and City Council of the City of San Bernardino, California, approving the Professional Services Agreement with PlaceWorks to provide third-party CEQA review services for the Foisy Project; authorizing the City Manager or designee to sign and execute the agreement; and authorizing the Finance Director to amend the FY 2019/20 adopted budget accordingly. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/10/2020 15. Norton Science and Language Academy Project – Ground Lease Agreement Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-70, authorizing the City Manager to execute a lease agreement for the development, establishment, and operation of the Norton Science and Language Academy at 230 South Waterman Avenue. 16. Adopt a Resolution Declaring Intention to Conduct a Public Hearing to Order the Vacation of Portions of Artesia Street Recommendation Adopt Resolution No. 2020-65 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to order the vacation of portions of Artesia Street located south of Rialto Avenue and the reservations of utilities therein. 17. Resolution Declaring Intent to Conduct a Public Hearing to Order the Vacation of a Portion of Home Avenue, "I" Street, and Montgomery Street Recommendation Adopt Resolution No. 2020-66 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to order the vacation of portion of Home Avenue, “I” Street, Montgomery Street and the reservation of utilities therein. 18. SB1 2020/2021 Road Maintenance Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission; and 2. Adopt Resolution No 2020-67, adopting a list of projects for Fiscal Year 2020/21 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017. 19. Animal Shelter Mold Abatement Project Change Order Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-68 authorizing the City Manager to execute Contract Change Order (CCO) #1 to Project No. 1332 with Noble E&C, Inc. in the amount of $27,998, for a full contract not-to-exceed amount of $101,998; and authorizing the Director of Finance to record a budget adjustment in Animal Shelter Improvement Fund 124 and update the project purchase order to reflect the full, approved project cost. Regular Meeting Agenda April 15, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/10/2020 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, May 6, 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. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the April 15, 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 April 10, 2020 . I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, Acting City Clerk