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HomeMy WebLinkAbout05-06-2020 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, MAY 6, 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 6, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/1/2020 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. 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 May 6, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/1/2020 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)): i. Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802 ii. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1914576 iii. Ashe Society SB, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1911952 iv. EEL Holdings, Inc., LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1906467 v. Kostadinos Kahros, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1830325 vi. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1905710 vii. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1922151 viii. KP Investment Group, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1909577 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): five cases - tort claims filed by Mirna Cisneros (dated February 12, 2020), Karen Cervantes (dated February 12, 2020), Don Smith (dated March 31, 2020), Jackie Aboud (dated April 27, 2020), and Andrea Miller (dated April 29, 2020). (C) PUBLIC EMPLOYEE APPOINTMENT - City Clerk (D) PUBLIC EMPLOYEE APPOINTMENT - City Manager - Council will discuss process for future appointment of City Manager (E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property Address: Four (4) parcels, approximately 0.56 acres, of vacant real property located at 562 and 578 N. Mt. Vernon Avenue and 1316 W. Spruce Street, APNs 0138-114-09 to -11 and 0138-114-18 Agency Negotiator: Teri Ledoux, City Manager Negotiating Party: Edward C. Adams and Jeanne M. Adams Under Negotiation: Price and Terms of Purchase Regular Meeting Agenda May 6, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/1/2020 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Proclamation for National Public Works Week - May 17, 2020 through May 23, 2020 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 2. Receive a Report on the County of San Bernardino's COVID-19 Homeless Emergency Hotel/Motel Response Planning and Provide Direction to Staff Accordingly Recommendation Receive a report on the County of San Bernardino's COVID-19 Homeless Emergency Hotel/Motel Response Planning and provide direction to City staff accordingly. 3. Consider Initiating an Annexation of the Remaining Unincorporated Island of Land Abutting the Spring Trails Specific Plan Project Area. Recommendation Adopt Resolution No. 2020-87 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex a 26-acre area containing six parcels in the unincorporated County that is totally-surrounded by the City of San Bernardino, and direct the City Manager to submit the Resolution to the Executive Officer of LAFCO. PUBLIC HEARINGS 4. Public Hearing on Annexation No. 2 to Community Facilities District 2019-1 (Maintenance Services) for Tax Zone No. 3, PM 19814, 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 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-89 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified Regular Meeting Agenda May 6, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/1/2020 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. 2); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-90 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. 2); and 5. Introduce Ordinance No. MC-1536 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, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC-1536 for May 20, 2020. 5. Public Hearing Regarding Fee Adjustments for Various City Departments Recommendation That the Mayor and City Council of the City of San Bernardino, California, conduct a Public Hearing regarding fee adjustments for various City Departments. CONSENT CALENDAR 6. Approval of Commercial Checks 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. 7. Monthly Investment Portfolio Reports Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California accept and file the Monthly Investment Portfolio Reports for both February and March 2020. 8. Independent Investigation Status Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a status update requested by the City Council on the independent investigation into the allegations of harassment made by current and former City employees against Mayor John Valdivia and the City of San Bernardino. Regular Meeting Agenda May 6, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/1/2020 9. A Resolution Awarding a Professional Services Agreement for Auditing Services Beginning Fiscal Year 2019/20 Recommendation Adopt Resolution 2020-88 of the Mayor and City Council of the City of San Bernardino, California, awarding a Professional Services Agreement to Rogers, Anderson, Malody & Scott (RAMS) of San Bernardino, California, as the City’s external auditors, in an amount not-to exceed $283,500 for a three-year term with a two-year option to extend. 10. Final Reading and Adoption of MC-1535 Penalties for Fireworks Violations Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading of and adopt 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. 11. Resolution Authorizing the Issuance of a Purchase Order for Unmarked Police Vehicles Recommendation Adopt Resolution 2020-74 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the FY 2019/20 adopted budget and issue a Purchase Order to Carmax in an amount not to exceed $90,000. 12. Resolution to Ratify the Submission of a Grant Application for Year Two of the Corporation for National and Community Service's Retired and Senior Volunteer Program - FY 2020/21 Recommendation Adopt Resolution 2020-75 of the Mayor and City Council of the City of San Bernardino, California, ratifying the submission of a grant application for year two of the Corporation for National and Community Service’s Retired and Senior Volunteer Program, accepting the grant award in the amount of $54,809 and appropriating the grant funds for the period from April 1, 2020 through March 31, 2021. 13. 2ND Reading of Ordinance of MC-1532 Approving Specific Plan Amendment 19-01 – I. E. Hub Center Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept for final reading and adopt Ordinance No. MC-1532 approving Specific Plan Amendment 19-01 changing the Waterman + Baseline Neighborhood Transformation Specific Plan Land Use Zone from Neighborhood Residential to Employment of three (3) parcels (APN: 0278-051-08, 17 and 24) containing a total of approximately 15.39 acres located at 1066 N. Tippecanoe Avenue. Regular Meeting Agenda May 6, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/1/2020 14. Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property at 6803 N. Shannon Lane, San Bernardino, California Recommendation Adopt a Resolution No. 2020-76 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 6803 N. Shannon Lane, San Bernardino, California. 15. Resolution Approving a Subordination of a Deed of Trust in Connection with a Refinancing of Senior Mortgage Relating to 756 West 8TH Street, San Bernardino, California Recommendation Adopt a Resolution No. 2020-77 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, to approve a Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage relating to real property located at 756 West 8th Street, San Bernardino, California. 16. Annual Update to Assessment Engineer's Reports - Previously Formed Landscape and Lighting Maintenance Districts Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-72, initiating proceedings to levy and collect assessments for Fiscal Year 2020/21 in Assessment Districts pursuant to the Constitution and the Landscaping and Lighting Act of 1972, appointing the Engineer of Record, and ordering the preparation of Engineer’s Reports. 17. Resolution Approving Amendment No. 2 to Cooperative Agreement 16- 1001477 with SBCTA Related to the Mt. Vernon Avenue Viaduct Replacement Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2020-78 to approve Amendment No. 2 to Cooperative Agreement No. 16-1001477 with the San Bernardino County Transportation Authority (SBCTA) for roles and responsibilities for the Mt. Vernon Viaduct Project (“Project) to increase San Bernardino County Transportation Authority (SBCTA) and City Developer Impact Fees (DIF) by a total of $10,127,219, for a new SBCTA share of $16,165,535 and DIF share funding of $9,747,979, to cover project funding shortfalls based on the final bid price for the Design Build contract and updated funding contributions from Federal and State sources; and to authorize the City Manager to sign and execute Amendment No. 2 to the Agreement. Regular Meeting Agenda May 6, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/1/2020 18. Cooperative Agreement with the City of Rialto for Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project (SS20-010) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-80, approving the Cooperative Agreement with the City of Rialto FOR Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project (SS20-010) (“Project”). 19. Resolution Approving Cooperative Agreement No. 20-1002318 with the San Bernardino County Transportation Commission (Authority) for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-81, approving Cooperative Agreement No. 20- 1002318 with the San Bernardino County Transportation Authority for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project. 20. Award of a Construction Contract for Al Guhin Park Playground Equipment Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-82: 1. Approving a total project budget for Al Guhin Park Playground Equipment Project (“Project”) in the amount of $241,000, to include construction contract in the amount of $209,500, project contingencies in the amount of $21,500, and engineering and inspection budgets in the amount of $10,000; and 2. Approving the award of a construction contract with Pacific Play Systems, Inc. of Carlsbad, California, in the amount of $209,500 to perform the construction of the Project; and 3. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $108,203.60 in Quimby Act Parkland Funds (Fund 269) to the Project; and 4. Authorizing the City Manager to execute all documents, and expend contingency amounts, if necessary, in support of the Project. 21. Award of Construction Contract for Sidewalk Gap Closure - Safe Routes to School Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-83: 1. Approving Sidewalk Gap Closure - Safe Routes to School Project (SS17-001) Project (“Project”) infrastructure component expenditures in a total amount of $1,671,000, which includes a construction contract in the amount of $1,469,645, Regular Meeting Agenda May 6, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/1/2020 project contingencies in the amount of $147,355, and engineering and inspection budgets in the amount of $54,000; and 2. Approving the award of a Construction Contract with Hillcrest Contracting Inc. of Corona, California, in the amount of $1,469,645 to perform construction of the project; and 3. Authorizing the City Manager, or designee, to expend the contingency fund, if necessary, to complete the project; and 4. Authorizing the Director of Finance to record any necessary budget adjustments to support the project. 22. Resolution Approving a Construction Contract for Storm Drain Upgrades Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-84: 1. Approving total project budgets in the amount of $1,060,000 for Storm Drain Repairs at Various Locations (CIP Project SD04-24 and CIP Project SD19-003) to include a construction contract in the amount $849,730, project contingencies in the amount of $170,270 and engineering and inspection budgets in the amount of $40,000 (collectively; and 2. Approving the award of a Construction Contract with TRYCO General Engineering of Rimforest, California in the amount of $849,730; and 3. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $574,380 in Storm Drain Fund No. 248 to the Project; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 23. Authorization to Proceed with Street Vacation of Portions of 4TH Street Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed street vacation of portions of 4th Street. 24. Amendment No. 1 to License Agreement 17-1001639 with San Bernardino Transportation Authority (SBCTA) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-85, approving Amendment No. 1 to License Agreement 17-1001639 with the San Bernardino County Transportation Authority (SBCTA). Regular Meeting Agenda May 6, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/1/2020 25. Resolution Ratifying the Submittal of Amendment No. 1 Budget of the Senior Nutrition Program Grant to the County of San Bernardino Department of Aging and Adult Services Recommendation Adopt Resolution No. 2020-86 of the Mayor and City Council of San Bernardino, California, ratifying the submittal of Amendment No. 1 budget of the Senior Nutrition Program Grant to the County of San Bernardino Department of Aging and Adult Services (DAAS) pursuant to County Contract No. 19-372; accept the additional funding OTO (One-Time Only), amend the award in the amount of $47,213 for a total budget of $387,213; appropriate grant revenue expenditures, and issue change orders to purchase orders to Sysco Foods, American Meat Companies, dba Merit Day and Hollandia Dairy, Inc. for the period July 1, 2019 through June 30, 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 20, 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 May 6, 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 Friday, May 1, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, Acting City Clerk Regular Meeting Agenda May 6, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 5/1/2020 NOTICE: The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency 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 Agency 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.