HomeMy WebLinkAbout06-17-2020 Public Agenda
CITY OF SAN BERNARDINO
AGENDA
F OR THE
R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL
OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS
THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY, AND M AYOR
AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY
WEDNESDAY, JUNE 17, 2020
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
W EB-C ONFERENCE V IA Z OOM WWW.SBCITY.ORG
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Regular Meeting Agenda June 17, 2020
John Valdivia
Theodore Sanchez James Mulvihill
M AYOR
M AYOR P RO-T EM, W ARD 1 C OUNCIL M EMBER, W ARD 7
Sandra Ibarra Teri Ledoux
C OUNCIL M EMBER, W ARD 2 C ITY M ANAGER
Juan Figueroa Sonia Carvalho
C OUNCIL M EMBER, W ARD 3 C ITY A TTORNEY
Fred Shorett
Genoveva Rocha
C OUNCIL M EMBER, W ARD 4 A CTING C ITY C LERK
Henry Nickel
C OUNCIL M EMBER, W ARD 5
Bessine L. Richard
C OUNCIL M EMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o -5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o
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
Mayor and City Council of the City of San Bernardino Page 2 Printed 6/12/2020
Regular Meeting Agenda June 17, 2020
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
(A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to
Government Code Section 54956.8:
th
Property Address: Bryce Hanes Park, 534 W. 9 Street (APN 01040-143-54)
Agency Negotiator: Teri Ledoux, City Manager
Negotiating Party: San Bernardino Valley Municipal Water District
Under Negotiation: Price and Terms of Purchase
(B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant
to Government Code Section 54956.9(a) and (d)(1)):
a. , United
States District Court Case No. 5:18-cv-02277 SVW (SPx)
b.
th
Bernardino, Virginia Marquez, et al., 9 Circuit Court of Appeal, Case
No. 19-56501
c. , California Court of Appeal,
th
4 Appellate District, Division 2, Case No. E0741745 (Underlying
SBCSC Case No. CIVDS1827968)
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
STAFF REPORTS
1. Update on Cannabis Permits and Litigation; Review of Permit Categories and
Numbers; Review of Application Criteria; and Adoption of Resolution to
Establish Microbusiness Permits
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Accept the annual commercial cannabis business permit update and litigation
update; and
Mayor and City Council of the City of San Bernardino Page 3 Printed 6/12/2020
Regular Meeting Agenda June 17, 2020
2. Discuss and provide direction to staff on whether to increase or modify permit
categories and the number of permits, and direct staff to prepare a possible
ordinance to increase the total number of permits and/or prepare a resolution to
either adjust the distribution of permits by type or to eliminate the restriction
altogether; and
3. Discuss and provide feedback on recommended amendments to the proposed
commercial cannabis business permit application review criteria, procedures and
fees; and
4. Adopt Resolution 2020-148 authorizing the transition of two current open and
operating commercial cannabis businesses to alter their existing permits to
transition to two commercial cannabis microbusiness permits.
2. Award of a Construction Agreement for the Palm Medians Landscape
Improvement Project
Recommendation
Adopt Resolution No. 2020-116 of the Mayor and City Council of the City of San
Bernardino, California:
1. Authorizing expenditures in a total amount of $735,000 for the construction of the
Agreement in the amount of $668,000 and contingencies in the amount of
$67,000; and
2. Approving the award of a Construction Agreement with KASA Construction, Inc.
of Chino, California, in the amount of $668,000 to perform the median
improvements; and
3. Amending the FY 2019/20 CIP SS20-011 - Citywide Medians Rehabilitation
Project to include Palm Avenue Median as project location; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
3. Setting the 2020 Regulatory Fee Rate for the Sale of "Safe and Sane"
Fireworks
Recommendation
Adopt Resolution No. 2020-130 of the Mayor and City Council of the City of San
Bernardino, California, setting the 2020 Regulatory Fee for the sale of "safe and
sane" fireworks in the City of San Bernardino.
4. Lease Extension Agreement Options - Vanir Tower Building, Inc.
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, consider Vanir Tower lease options and provide direction to staff.
Mayor and City Council of the City of San Bernardino Page 4 Printed 6/12/2020
Regular Meeting Agenda June 17, 2020
CONSENT CALENDAR
5. January, February, March, April, and May 2020 City Board, Commission, and
Citizen Advisory Committee Approved Minutes
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, receive
and file the minutes from the City Board, Commission, and Citizen Advisory
Committee meetings approved in March, April, and May 2020.
6. Notice and Calling of a General Municipal Run-Off Election
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt the following resolutions required in order to conduct a General
Municipal Run-Off Election on Tuesday, November 3, 2020:
1) Adopt Resolution No. 2020-146 of the Mayor and City Council of the City of San
Bernardino, California, calling and giving notice of the holding of a General
Municipal Run-Off Election to be held on Tuesday, November 3, 2020,
requesting the Board of Supervisors of the County of San Bernardino to
consolidate said Election with the November 3, 2020, Statewide General Election
and permit the San Bernardino County Registrar of Voters to render Election
services to the City of San Bernardino for said Election, and authorizing the City
Manager to pay the invoice for the costs of the Election; and
2) Adopt Resolution No. 2020-147 of the Mayor and City Council of the City of San
Bernardino, California, adopting regulations for candidates for elective office
pertaining to Candidate Statements submitted to the voters at an Election to be
held on Tuesday, November 3, 2020.
7. Approval of Commercial 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 May 2020.
8. Approve City Investment Policy for FY 2020/21
Recommendation
Adopt Resolution No. 2020-124 of the Mayor and City Council of the City of San
Bernardino, California, approving the City Investment Policy for FY 2020/21.
9. Monthly Investment Portfolio Report for May 2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California accept and file the Monthly Investment Portfolio Report for May 2020.
Mayor and City Council of the City of San Bernardino Page 5 Printed 6/12/2020
Regular Meeting Agenda June 17, 2020
10. Agreement with R.T. Desai & Associates for Accounting Consultant Services
Recommendation
Adopt Resolution No. 2020-125 of the Mayor and City Council of the City of San
Bernardino, California, approving the Professional Services Agreement between the
City of San Bernardino and consultant R.T. Desai & Associates for accounting
services in the amount of $150,000 and authorizing the City Manager, or designee,
to execute the agreement.
11. First Amendment to the Professional Services Agreement Between the City of
San Bernardino and Barboza & Associates for Investigation Services
Recommendation
Adopt Resolution 2020-126 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.
12. Risk Management Insurance Program Fiscal Year 2020/21
Recommendation
Adopt Resolution No. 2020-131 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to purchase both a 30-day
extension to the current excess liability policies for the extended term of coverage
compensation insurance through Public Risk Innovation, Solutions, and
Management (PRISM) formerly California State Associate of Counties Excess
Insurance Authority (CSAC-EIA) premium quote in the amount of $384,275.
13. Side Letter Agreement Between the City and the San Bernardino Police
Officers Association (SBPOA)
Recommendation
Adopt Resolution No. 2020-132 of the Mayor and City Council of the City of San
Bernardino, California, approving a Side Letter Agreement to the Memorandum of
Understanding (MOU) between the City of San Bernardino and the San Bernardino
Police Officers Association (SBPOA), amending Article VI-Working Conditions,
Section 1: Work Schedules and Article III-Compensation, Section 3: Overtime,
effective the first full 28-day work period following Mayor and City Council approval.
14. Addendum to Amend the Performance Period Deadline for the Visual and
Performing Art Grant Award Agreements
Recommendation
Adopt Resolution No. 2020-133 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or designee to execute an
addendum to the Visual and Performing Art Grant Award Agreements amending the
performance period deadline to December 31, 2020.
Mayor and City Council of the City of San Bernardino Page 6 Printed 6/12/2020
Regular Meeting Agenda June 17, 2020
15. First Amendment to Memorandum of Understanding Between the Public
Safety Academy of San Bernardino Inc. (PSA) and the San Bernardino Police
Department
Recommendation
Adopt Resolution No. 2020-134 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the First
Amendment to the Memorandum of Understanding between the Public Safety
Academy of San Bernardino Inc. (PSA) and the San Bernardino Police Department.
16. Authorization to Accept Department of Justice Coronavirus Emergency Grand
Funding
Recommendation
Adopt Resolution 2020-135 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to accept the BJA Fiscal Year
2020 Coronavirus Emergency Supplemental Funding Program Grant in the amount
of $632,422; and authorizing the Director of Finance to amend the Fiscal Year
2020/21 budget, appropriating $632,422 in both revenue and expenditures.
17. Authorize Replacement Professional Services Agreement with Axon
Enterprise, Inc.
Recommendation
Adopt Resolution No. 2020-129 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a replacement
Professional Services Agreement with Axon Enterprise, Inc., decreasing costs for
the remaining two years of an existing five-year agreement by $139,426.56.
18. Adopt a Resolution to Authorize the Issuance of FY 2020/21 Purchase Orders
for Annual Usage Fees, Software and Hardware Maintenance Service
Agreements
Recommendation
Adopt Resolution 2020-139 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the issuance of Fiscal Year 2020/2021 Purchase
Orders for the annual usage fees, software and or hardware support with Accela
Corporation, CelPlan, Earth Science Research Institute (ESRI), Konica Minolta,
NPA Computers, TPX, Tyler Technologies, and Verizon Cellular as outlined in the
report.
Mayor and City Council of the City of San Bernardino Page 7 Printed 6/12/2020
Regular Meeting Agenda June 17, 2020
19. Amendment No. 2 to Professional Services Agreement with Annie Clark for
Accounting Services
Recommendation
Adopt Resolution 2020-138 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the execution of Amendment No. 2 to
Professional Services Agreement for accounting consultant services between the
City of San Bernardino and Annie Clark, in an amount not to exceed $92,200; and
authorize the City Manager or designee to take any further actions as necessary to
effectuate the agreement.
20. Subordination of a Deed of Trust in Connection with 275 East 49Th Street,
San Bernardino, California
Recommendation
Adopt a Resolution No. 2020-141 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 refinancing the Senior Mortgage relating to real
th
property located at 275 East 49 Street, San Bernardino, California.
21. Ratify and Accept the San Bern
-01
Recommendation
Adopt Resolution No. 2020-140 of the Mayor and City Council of the City of San
Bernardino, California, to ratify and accept the San Bernardino County Fire
Protecti-01, which amends and
adopts the 2019 Edition of the California Fire Code, known as California Code of
Regulations, Title 24, Part 9, based on the 2018 Edition of the International Fire
Code.
22. Award of a Construction Contract for City Yard Roof Replacement
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-122:
1. Amending the FY 2019/20 Capital Improvement Plan (CIP) to include City Yard
2. Approving a total project budget in the amount of $308,017 for the construction
contract in the amount of $279,517 and project contingencies in the amount of
$28,500; and
3. Approving the award of a Construction Contract with Bligh Roof Co. DBA Bligh
Pacific of Santa Fe Springs, California in the amount of $279,517; and
4. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to
transfer a total of $308,017 from Public Works Building Maintenance accounts
001-400-0037-5172 (Equipment Maintenance) and 001-400-0037-5502
(Professional Contractual services) to Capital Improvement Project Fund 001-
160-8774 in support of the Project; and
Mayor and City Council of the City of San Bernardino Page 8 Printed 6/12/2020
Regular Meeting Agenda June 17, 2020
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
23. Five-Year Capital Improvement Program FY 2020/21 to FY 2024/25 for Measure
I Local Expenditures
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-143, approving the Measure I Five-Year
Capital Improvement Plan for FY 2020/21 through FY 2024/25 and Measure I
Expenditure Strategy.
24. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 4, Tax Zone No. 5 (TR
20006) APN 0261-181-16 and 0261-181-17
Recommendation
Adopt Resolution No. 2020-144 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino,
adopting a map of the area to be proposed (Annexation No. 4) and authorizing the
levy of a special taxes therein.
25. Resolution Approving Cooperative Agreement with the City of Highland and
San Bernardino County for Submission of a Grant Application to the Active
Transportation Cycle 5 Grant Program
Recommendation
Adopt Resolution No. 2020-113 of the Mayor and City Council of the City of San
Bernardino, California, approving a Cooperative Agreement with the City of
Highland and San Bernardino County for the submission of a Grant Application to
the Active Transportation Cycle 5 Grant Program for the Highland/San Bernardino
Bi-City Bikeway and Walkway Connector (Project) and authorizing the Director of
Finance to record a budget adjustment in Local Circulation Development Impact
Fee (DIF) Fund No. 263 in the amount of $23,000 in support of the application
preparation.
26. Purchase and Sale Agreement and Joint Escrow Instructions for the Partial
-051-11 and 0271-051-12 for the
Widening of West 40TH Street from Johnson Street to Electric Avenue
Recommendation
Adopt Resolution No. 2020-117 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Partial Purchase
and Sale Agreement with Bryan Henley and Sharland L. Henley for the property
located at 337 & 339 West 40th Street.
Mayor and City Council of the City of San Bernardino Page 9 Printed 6/12/2020
Regular Meeting Agenda June 17, 2020
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency will adjourn to a Special Meeting will be held on Wednesday, June
24, 2020 via web-conference. Closed Session will begin at 5:00 p.m. and Open Session will
begin at 5:30 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 June 17, 2020 Regular Meeting of the Mayor and City Council
and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency
California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino,
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
Mayor and City Council of the City of San Bernardino Page 10 Printed 6/12/2020
Regular Meeting Agenda June 17, 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.
Mayor and City Council of the City of San Bernardino Page 11 Printed 6/12/2020