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HomeMy WebLinkAbout08-05-2020 Agenda Public 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, AUGUST 5, 2020 5:30 PM CLOSED SESSION 7:00 OPEN SESSION W EB-C ONFERENCE V IA Z OOM 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 -384-5002. http://edocs.sbcity.org/WebLink/Browse.aspx?id=4077885&dbid=0&repo=SB Regular Meeting Agenda August 5, 2020 Theodore Sanchez James Mulvihill John Valdivia 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 8/1/2020 Regular Meeting Agenda August 5, 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)): Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Three cases - Tort claims filed by Karen Cervantes (dated February 12, 2020), Don Smith (dated March 31, 2020) and Jackie Aboud (dated April 27, 2020) (C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957): City Clerk (D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative(s): Director of Human Resources Unrepresented Employee: City Clerk (E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property Address: Two (2) parcels, approximately 0.72 acres, of vacant real property located at 757 and 761 North Mt. Vernon Avenue, APNs 0139-291-60 and 0139-291-61 Agency Negotiator: Teri Ledoux, City Manager Negotiating Parties: Mat Baburyan, trustee of the Mat Baburyan Revocable Trust dated February 21, 2017 Under Negotiation: Price and Terms of Purchase Mayor and City Council of the City of San Bernardino Page 3 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Route 66 Complete Street Improvements (CalTrans) 2. SBPD 2020 Mid-Year Review PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 3. League of California Cities Annual Conference Delegate and Alternates Recommendation Approve the selection of a delegate and up to two alternates for the League of California Cities Annual Conference on October 7-9, 2020, which will be held via a virtual event due to the many unknown risk factors related to the COVID-19 pandemic. 4. First Reading of Ordinance Increasing Number of Cannabis Business Permits and Adoption of Resolution Concerning Types of Cannabis Businesses Permitted, Trade-In of Certain Permits for Microbusiness Permits for Businesses Operating as of August 31, 2020 and Direction Concerning Guideline Amendments for Permit Processing Deadlines Causing Forfeiture of Applications Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept for first reading, Ordinance MC-1541 allowing for a total of 17 Retail/Micro Businesses and an unlimited number of businesses in other Identified Categories; and 2. Adopt Resolution 2020-190, concerning types of cannabis businesses, allowing trade-in of permits for microbusiness permit if open by August 31, 2020, establishing deadlines to process applications or face forfeiture of applications and providing direction to adopt Guidelines. Mayor and City Council of the City of San Bernardino Page 4 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 PUBLIC HEARINGS 5. Public Hearing on Annexation No. 4 to Community Facilities District 2019-1 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. 2020-184 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 4); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2020-185 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. 4); and 5. Introduce Ordinance No. MC-1538 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-1538 for August 19, 2020. 6. Public Hearing on Annexation No. 5 to Community Facilities District 2019-1 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. 2020-187 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 5); and 3. Hold a special landowner election and canvass the election; and Mayor and City Council of the City of San Bernardino Page 5 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 4. Adopt Resolution No. 2020-188 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. 5); and 5. Introduce Ordinance No. MC-1539 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-1539 for August 19, 2020. 7. Annexation No. 1 to Community Facilities District 2018-1 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2020-193 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; and 4. Adopt Resolution No. 2020-194 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 August 5, 2020 annexation and special tax election. 8. Proceedings to Form Proposed CFD No. 2020-1 (Rancho Palma) 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. 2020-195 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding and Acquisition Agreement; and Mayor and City Council of the City of San Bernardino Page 6 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 3. Adopt Resolution No. 2020-196 of the Mayor and City Council of the City of San Bernardino, California, determining the necessity to incur a bonded indebtedness for Community Facilities District No. 2020-1 (Rancho Palma), submitting to the qualified electors of the Community Facilities District a proposition to authorize the levy of a special tax therein, to authorize such Community Facilities District to incur a bonded indebtedness secured by the levy of a special therein to finance certain types of public facilities and to establish an appropriations limit for such Community Facilities District and calling a special election for the Community Facilities District on a proposition for incurring such bonded indebtedness; and 4. Adopt Resolution No. 2020-197 of the Mayor and City Council of the City of San Bernardino, California calling a special election and submitting to the voters of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino propositions regarding the annual levy of special taxes within the Community Facilities District to pay principal of and interest on bonds thereof and to pay the costs of public facilities and establishing an appropriations limit thereof; and 5. Adopt Resolution No. 2020-198 of the Mayor and City Council of the City of San Bernardino, California declaring the results of the consolidated special elections within Community Facilities District No. 2020-1 (Rancho Palma); and 6. Introduce, read by title only, and waive further reading of Ordinance MC-1540 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2020-1 (Rancho Palma), authorizing the levy of special taxes in such community facilities district. 9. Vehicle Miles Traveled (VMT) Thresholds of Significance Recommendation Adopt Resolution No. 2020-191 of the Mayor and City Council of the City of San - Miles Traveled (VMT) Thresholds of Significance and Associated Guidelines under the California Environmental Quality Act; and finding that the action is not a Environmental Quality Act (Attachment 1). CONSENT CALENDAR 10. 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 June 2020. Mayor and City Council of the City of San Bernardino Page 7 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 11. Monthly Investment Portfolio Report for June 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 June 2020. 12. Bryce Hanes Park Agreement Between the City of San Bernardino and San Bernardino Valley Municipal Water District Recommendation Adopt Resolution No. 2020-169 of the Mayor and City Council of the City of San Bernardino, California, 1. Approving a cooperative agreement between the City of San Bernardino and San Bernardino Valley Municipal Water District terminating the Joint Exercise of Powers Agreement, dissolving the San Bernardino Regional Water Resources Authority, and providing for the long-term maintenance of Bryce Hanes Park; and 2. Approving a grant assignment agreement between the San Bernardino Regional Water Resources Authority and the City of San Bernardino. 13. Health Benefits Plan Year 2021 Recommendation Adopt Resolution No. 2020-179 of the Mayor and City Council of the City of San Bernardino, California, approving the City health benefit plan options for plan year 2021. 14. Risk Management Excess General Liability Insurance Program Outcome and Option Selected Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the selection of a provider for excess general liability insurance. 15. Agreement for Deceased Animal Removal Services Recommendation Adopt Resolution No. 2020-180 of the Mayor and City Council of the City of San Bernardino, California, authorizing an agreement between the City of San Bernardino and TLC Animal Removal Services and a Purchase Order in the amount of $48,000 for removal and disposal of deceased animals 16. Resolution to Accept and Administer the FY 2020/21 Alcoholic Beverage Control (ABC) Grant Recommendation Adopt Resolution No. 2020-181 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2020/21 Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership (APP) grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget effective July 1, 2020. Mayor and City Council of the City of San Bernardino Page 8 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 17. Resolution Accepting the FY 2019/20 Federal Railroad Administration Railroad Trespassing Enforcement Grant Recommendation Adopt Resolution No. 2020-182 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2019/20 Federal Railroad Administration Railroad Trespassing Enforcement Grant and authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget. 18. Irrevocable Agreement to Annexation No. 2019-006 Recommendation Adopt Resolution No. 2020-183 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within an unincorporated th territory located at 604 West 40 Street (APN 0265-272-11) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 19. Street Vacation of Portions of 4TH Street Recommendation Adopt Resolution 2020-192 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a public hearing to order th the vacation of portions of 4 Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue, and the reservation of utilities therein. 20. Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 6 Recommendation Adopt Resolution No. 2020-186 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. 6) and authorizing the levy of a special taxes therein. ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED Mayor and City Council of the City of San Bernardino Page 9 Printed 8/1/2020 Regular Meeting Agenda August 5, 2020 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 to be held on Wednesday, August 19, 2020 via web-conference. The Special Meeting will begin at 4:00 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 August 5, 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, California, and on the Ci 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 8/1/2020 Regular Meeting Agenda August 5, 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 8/1/2020