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HomeMy WebLinkAbout06-17-2020 MCC Regular City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org MINUTES 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, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JUNE 17, 2020 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Valdivia on Wednesday, June 17, 2020, via Web-Conference, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Mayor Pro-Tem, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Present Jim Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha Acting City Clerk Present Sonia Carvalho City Attorney Present Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 6/17/2021 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, asked for the litigation with Pepe’s Towing to be settled. She also asked that the Mayor resign. CLOSED SESSION (A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property Address: Bryce Hanes Park, 534 W. 9th 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. Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:18-cv-02277 SVW (SPx) b. Pepe’s Inc., a California Corporation, dba Pepe’s Towing v. City of San Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No. 19-56501 c. Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC Case No. CIVDS1827968) INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Nickel led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT There was no reportable action taken in Closed Session. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Anonymous, San Bernardino, spoke about cannabis permits. She thinks council should wait until Mayor and Council gives disclosure regarding cannabis businesses and the Vanir tower lease, also increase penalty regarding fireworks. Ryan Ovanesian, San Bernardino, called with concerns regarding the cannabis permit process within the City. Dr. Saraj, San Bernardino, spoke regarding the cannabis business license process. He would like the process revised to be fairer. Cheryl Brown, San Bernardino, spoke about the African-American heritage of San Bernardino. She would like the official documents corrected to include Blacks’ contributions. Victor Suarez, San Bernardino, called with concerns regarding the Mayor’s leadership. Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 6/17/2021 Treasure Ortiz, San Bernardino, called regarding the renewal of the lease of the Vanir Tower. She also expressed concern about Police Officers’ long working hours. Andrew Thompson, San Bernardino, asked to extend performance deadlines for the Visual and Performing Art Grant Award Agreements. Robert Porter, San Bernardino, spoke about cannabis business permits within the City. He believes that cannabis should be a free market. Jeanette McKaig, San Bernardino, was concerned about a letter the Police Officer’s Association wrote to Councilmember Ibarra. She stated that it was not appropriate. Council Member Mulvihill read into the record a written public comment emailed to him related to fireworks. Council Member Nickel read into the record two written comment emailed to him regarding settling the City’s lawsuit with Pepe’s Towing. 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 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. Mayor Valdivia requested that the Mayor Pro-Tem Chair Item No. 1. Mayor Valdivia stated he would be recusing himself from the item because in the past he had received a source of income from the industry; therefore he would remove himself from the discussion. City Attorney Carvalho and Executive Assistant to the Community and Economic Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 6/17/2021 Development Director Stephanie Sanchez provided a presentation to the City Council. Council Member Nickel proposed going through the categories one at a time. Council Member Shorett commented that he thought it was important to include a location and that the applicants state their intentions. Council Member Figueroa stated that when it came to the lease if there was a change to the location he did not want the clock to restart for the applicant. City Attorney Carvalho stated she would notate that request. MOTION BY COUNCIL MEMBER NICKEL SECONDED BY COUNCIL MEMBER SANCHEZ, TO ELIMINATE THE REQUIREMENT TO STIPULATE A LEASE AGREEMENT, CARRIED 7-0. The City Council discussed revising the guidelines on applicant’s requests to relocate their business. MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER NICKEL, TO ALLOW THE TRANSFERABILITY OF THE BUSINESS LOCATION AND THAT THE APPLICANT ADHERE TO THE ORIGINAL DEADLINE, CARRIED 6-1 (COUNCIL MEMBER IBARRA VOTED IN OPPOSITION). The City Council moved on to discuss a guarantee and/or bond. City Attorney Carvalho recommended that a survey of cities similar to San Bernardino that have regulatory programs be conducted to see what guarantees they have. MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER NICKEL, DIRECTING STAFF TO DRAFT A MONETARY GUARANTEE AFTER CONDUCTING A SURVEY AND PRESENT THE AMOUNT TO THE CITY COUNCIL WITH THE DRAFT LANGUAGE, CARRIED 7-0. Council Member Mulvihill requested that Staff consider a certified refundable check. City Council moved on to discuss opportunities to perfect permits for existing applicants. City Attorney Carvalho explained having a timeline in place for existing applicants to perfect their permits. MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL MEMBER SANCHEZ, DIRECTING STAFF TO SET A TIMELINE FOR EXISTING APPLICANTS AS THE FOLLOWING: THIRTY DAYS TO RESPOND TO THE LETTER FROM THE CITY CONFIRMING THEIR INTEREST, GIVE A GUARANTEE, AFTER PROVIDING THE GUARANTEE AN ADDITIONAL THIRTY DAYS TO GO INTO PLAN CHECK, AND AT THE COMPLETION OF THE PLAN CHECK AN ADDITIONAL THIRTY DAYS TO PULL PERMITS, CARRIED 7-0. The City Carvalho explained options to the City Council that they could choose if they decided to settle with current applicants. Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 6/17/2021 MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL MEMBER SANCHEZ, TIMELINES ESTABLISHED FOR EXISTING OPERATORS APPLY TO NEW APPLICANTS WITH THE CAVEAT THAT IF THE CITY WERE TO ENTER INTO DISCUSSION WITH PLAINTIFFS THAT THE CITY MIGHT HAVE PARTICULAR PERFORMANCE DEADLINES FOR THOSE PLAINTIFFS BASED ON POTENTIAL SETTLEMENT DISCUSSIONS, AND BE ABLE TO NEGOTIATE THE SPECIFICS OF TIMING AND APPLICATION FEES, WITH A STIPULATION TO ENTER INTO INDIVIDUAL SETTLEMENT AGREEMENTS, CARRIED 7-0. The City Council proceeded to discuss increasing the number of permits. MOTION BY COUNCIL MEMBER NICKEL SECOND BY COUNCIL MEMBER FIGUEROA TO RAISE THE CURRENT CAP ON THE NUMBER OF EXISTING LICENSES, CARRIED 5-2 (COUNCIL MEMBERS SHORETT AND MULVIHILL VOTED IN OPPOSTION). MOTION BY COUNCIL MEMBER NICKEL SECOND BY COUNCIL MEMBER FIGUEROA, TO MAINTAIN A CAP OF ONE (1) PERMIT FOR EVERY 12,500 IN POPULATION ON RETAIL COMPONENTS, INCLUDING THOSE THAT ARE A COMBINATION OF RETAIL MICROBUSINESSES, AND RELEASE THE CAP ON THE OTHER BUSINESS CATEGORIES, CARRIED 5-2 COUNCIL MEMBERS SHORETT AND MULVIHILL VOTED IN OPPOSITION). RESULT: Adopted 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, and that the transition of any currently open or anyone open on or before August 31, 2020, to turn in their existing Commercial Cannabis Business (CCB) permit into a Microbusiness CARRIED 6-1. MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Richard NOES: Mulvihill City Council took a five-minute recess at 9:13 p.m. The Mayor and City Council reconvened into Open Session at 9:19 p.m. 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 Palm Avenue Median Landscape Project (“Project”) to include a Construction Agreement in the amount of $668,000 and contingencies in the amount of Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 6/17/2021 $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. Public Works Director Kristen Jensen provided a presentation to the Mayor and City Council. RESULT: Adopted Resolution No. 2020-116, Authorizing expenditures in a total amount of $735,000 for the construction of the Palm Avenue Median Landscape Project (“Project”) to include a Construction Agreement in the amount of $668,000 and contingencies in the amount of $67,000; and 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 amending the FY 2019/20 CIP SS20-011 - Citywide Medians Rehabilitation Project to include Palm Avenue Median as project location; and Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project, CARRIED 7-0. MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill NOES: None 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. Assistant City Manager Rebekah Kramer presented to the Mayor and City Council, followed by a presentation from Acting Chief McBride regarding the police department’s enforcement efforts related to illegal fireworks. The Mayor and City Council discussed the fines related to the fireworks Ordinance and their concerns related to illegal fireworks. Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 6/17/2021 RESULT: Adopted Resolution No. 2020-130, setting the 2020 Regulatory Fee at 10% for the sale of "safe and sane" fireworks in the City of San Bernardino, CARRIED 7-0. MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None 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. Public Works Director Kristen Jensen provided a presentation to the Mayor and City Council. The Mayor and City Council discussed the options, savings, and moving costs associated with the options presented. MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL MEMBER SANCHEZ, DIRECING STAFF TO SIGN A ONE-YEAR LEASE AND ELIMINATING THE OFFICE SPACE FROM THE 8TH FLOOR. Council Member Mulvihill introduced a substitute motion to direct staff to sign a twelve-month lease and eliminating Suite 808 (Mayor’s Office) and meeting rooms, the motion failed for lack of a second. The City Clerk took the roll call on the original motion. MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL MEMBER SANCHEZ, DIRECING STAFF TO SIGN A ONE-YEAR LEASE AND ELIMINATING THE OFFICE SPACE FROM THE 8TH FLOOR. , FAILED 4-3 (COUNCIL MEMBERS FIGUEROA, SHORETT, RICHARD, AND MULVIHILL VOTED IN OPPOSTION). Council Member Richard informed she was requesting to reconsider her vote on the original motion and she had intended to vote in favor. Mayor Valdivia stated that with Ms. Richard’s reconsideration the vote for the original motion carried 4-3. RESULT: MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL MEMBER SANCHEZ, DIRECING STAFF TO SIGN A ONE-YEAR LEASE AND ELIMINATING THE OFFICE SPACE FROM THE 8TH FLOOR. MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, , Nickel, and Richard NOES: Figueroa, Shorett, and Mulvihill Mayor Valdivia announced at 11:04 a.m. that he was leaving the meeting. Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 6/17/2021 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: Approved the Consent Calendar and pulled Item Nos. 11, 12, and 15 for Discussion, CARRIED 7-0. MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None 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. Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 6/17/2021 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. 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. Council Member Nickel pulled this item for discussion. Human Resources Manager Edelia Eveland gave a brief presentation to the City Council. Council Member Nickel and Mulvihill stated their concerns related to the cost and stated they would not be supporting the item. Council Member Shorett stated the City has an obligation to investigate the claims and asked what the ramifications would be if this item was not approved. City Attorney Carvalho informed that the outside legal counsel had explained in Closed Session why it was legally required to investigate under the City’s policies, had described the risks if an investigation was not performed, and had stated he was also available to answer any questions. Council Member Shorett stated the City was in jeopardy if the amendment was not approved. RESULT: Adopt Resolution 2020-126 approving the First Amendment to the Professional Services Agreement between the City of San Bernardino and Barboza & Associates for workplace investigation services, CARRIED 4-3. MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Shorett, Richard, and Mulvihill NOES: Ibarra, Figueroa, and Nickel Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 6/17/2021 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 through July 31, 2020 for the premium amount of $47,509 and excess workers’ 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. Council Member Nickel pulled this item RESULT: Adopt Resolution No. 2020-131 authorizing the City Manager to purchase both a 30-day extension to the current excess liability policies for the extended term of coverage through July 31, 2020 for the premium amount of $47,509 and excess workers’ 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, CARRIED 7-0. MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill NOES: None 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. Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 6/17/2021 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. Council Member Nickel pulled this item. RESULT: Adopted Resolution No. 2020-134, 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, CARRIED 7-0. MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: None 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. Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 6/17/2021 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 property located at 275 East 49th Street, San Bernardino, California. 21. Ratify and Accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 20-01 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 Protection District’s (“District”) Ordinance No. FPD 20-01, 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 Roof Replacement (“Project’); and 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 Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 13 Printed 6/17/2021 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 Acquisition for Assessor’s Parcel 0271-051-11 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. ITEMS TO BE REFERRED TO COMMITTEE Council Member Nickel inquired on the City Manager assessment due to the requirement stated in the City’s Charter. Regular Meeting Agenda June 17, 2020 Mayor and City Council of the City of San Bernardino Page 14 Printed 6/17/2021 The City Council discussed whether they would move forward with the evaluation of the City Manager considering they were in the process of recruiting a new City Manager due to Ms. Ledoux retiring. RESULT: Place the City Manager’s evaluation on the next Closed Session agenda, FAILED 5-2. MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Ibarra, and Nickel NOES: Sanchez, Figueroa, Shorett, Richard, and Mulvihill REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences or meetings attended. ADJOURNMENT The meeting of the Mayor and City Council adjourned at 11:18 p.m. on Wednesday, June 17, 2020. 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, June 24, 2020, via web-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC