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HomeMy WebLinkAbout07-01-2020 MCC RegularCity 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, JULY 1, 2020 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Pro-Tem Sanchez on Wednesday, July 1, 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 Late Bessine L. Richard Council Member, Ward 6 Present James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Absent Genoveva Rocha Acting City Clerk Present Thomas Rice Assistant 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 July 1, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 11/1/2021 CLOSED SESSION PUBLIC COMMENT There were no public comments for closed session. CLOSED SESSION (A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)): City Manager. Initiated by City Manager. (B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property Address: One (1) parcel, approximately 0.17 acres, of vacant real property located at 1246 Wall Avenue, APN 0146-241-07 Agency Negotiator: Teri Ledoux, City Manager Negotiating Buyer: Jeannette Okada Under Negotiation: Price and Terms of Purchase INVOCATION AND PLEDGE OF ALLEGIANCE There was no invocation or pledge of allegiance at this meeting. CLOSED SESSION REPORT Assistant City Attorney Thomas Rice announced that there was no reportable action from Closed Session. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Steven Shepard, San Bernardino, stated that he believes that the Police Department should not be receiving anymore Measure Z funds at this time. Hector Ramirez, San Bernardino, spoke regarding the maintenance services contract and stated that it should be contracted to a local company to help support the community. Aaron Velarde, San Bernardino, requested rent relief and a payment program for landlords and tenants affected by COVID-19. Tim Dorame, San Bernardino, stated that the police department doesn’t need any more funds and that the Mayor should resign. Cheryl Brown, San Bernardino, inquired about what the City is doing to assist residents with COVID-19 relief. Maribel Nunez, San Bernardino, requested rent relief for residents due to COVID-19. She also asked that the contract for assistance be given to a culturally competent provider. Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 11/1/2021 STAFF REPORTS 1. Fiscal Year 2020/21 Solid Waste Rate Increase Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the attached Solid Waste Rates for Fiscal Year 2020/21. City Manager Teri Ledoux informed the City Council that this item should have been placed on the Consent Calendar; however, Public Works Director Kris Jensen was available for questions. Council Member Nickel asked for an explanation on pass-through fees. Public Works Director Kris Jensen explained that pass-through fees are costs experienced by refuse haulers related to disposal and processing, and those fees would be passed onto the customer. Council Member Ibarra asked if the City could review the City’s current contract and identify where there could be cost savings for residents. RESULT: RECEIVED AND FILED [UNANIMOUS CONSENSUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 2. Proposed Community Facilities District No. 2020-1 (Rancho Palma) Recommendation Adopt Resolution No. 2020-149 of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino and approve Resolution No. 2020-150 of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino. Finance Director Paul Espinoza provided a presentation to the City Council. Consultant Shane Spicer explained the process and timeline for the project. Council Member Ibarra asked for clarification on the process for the project, and it was explained that the public hearing was open to anyone to comment on the special tax; the protest was only open to the property owners. Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 11/1/2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 3. Lease Extension Agreement - Vanir Tower Building, Inc. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution 2020-157 authorizing the City Manager to execute Amendment No. 2 to the Lease Agreement with Vanir Tower Building, Inc., at 290 North D Street, San Bernardino, California, extending the Lease Agreement through June 30, 2021, and authorizing the Director of Finance to record budget adjustments, as necessary, in support of costs related to vacating rental space as provided in the Second Amendment. City Manager Teri Ledoux explained that this item was coming back to the Mayor and City Council after directing Staff to re-negotiate the lease agreement for the Vanir Tower. She informed the Mayor and City Council that the cost savings would be $128,000 for the remainder of the fiscal year. RESULT: ADOPTED [UNANIMOUS] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill PUBLIC HEARINGS 4. Public Hearing and Resolution to Determine and Confirm Assessments and Proceedings for Unpaid Solid Waste Collection Services 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. 2020-151 of the Mayor and City Council of the City of San Bernardino, California, making determinations and confirming assessments and proceedings for unpaid solid waste collection services. The Public Hearing was opened at 7:34 p.m. Public Works Director Kris Jensen provided a presentation to the City Council. Public Works Director Jensen informed that customers need to contact Burrtec to make payment arrangements no later than July 15th. Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 11/1/2021 Council Member Figueroa inquired about the time frames that the accounts became delinquent to ensure they were not related to the Covid-19 pandemic. Gracie Johnson informed they became delinquent from February 2019 through January 2020. There were no requests to speak, or written communications received for this item. The Public Hearing was closed at 7:43 p.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Bessine L. Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 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. City Manager Ledoux pointed out a correction to Item No. 10 and explained that on packet page 464 the amount per acre should reflect $387 and stated this would be corrected when it is brought back to the Mayor and City Council for approval. Council Member Ibarra and Mulvihill requested to pull Item No. 5. RESULT: APPROVED THE CONSENT CALENDAR, PULLED ITEM NO.5 FOR A SEPARATE VOTE, CARRIED 7-0 – Passed Unanimously MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None 5. May 31, 2020, Civil Unrest Update Recommendation That the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the Civil Unrest of May 31, 2020. Interim Chief McBride stated he was available to answer any questions. Council Member Ibarra inquired who decides when there is a need to declare a state of emergency in the City. City Manager Ledoux informed that she has the authority to declare a state of emergency. Council Member Ibarra asked whether the protests could have been de-escalated had police officers or city staff engaged with the protestors. Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 11/1/2021 Interim Chief McBride said community members de-escalated the situation, which resulted in the protesters leaving the police department. There was no confrontation just as they had planned; he explained that any altercation later in the day was with another law enforcement agency. Council Member Nickel commended the police department on their investigations related to the civil unrest. Interim Police Chief informed there were several arrest warrants issued. Council Member Richard opined that although there was a lot of negativity surrounding the situation, there should also be a focus on the positive things gained at the time. She opined that people were upset and had been upset for a long time. Council Member Richard spoke on how some individuals were opportunists and took advantage of the situation. She emphasized that the positive of the situation was that Black Lives Matter. Council Member Mulvihill inquired how many staff members were assigned to work. Interim Police Chief McBride explained how the staff was assigned to shifts on this date. Council Member Ibarra asked when the Public Safety and Human Relations Commission would be meeting and inquired if there was a way to facilitate the community members to sit at the table with the City’s police officers. She opined that she preferred that the police engage the protestors rather than avoid them, and she expressed her support for Black Lives Matter. RESULT: RECEIVED AND FILED [6 TO 1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard, Mulvihill NAYS: Fred Shorett 6. 2020 Action Plan Update Recommendation That the Mayor and City Council receive and file the 2020 Action Plan Update. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 11/1/2021 7. 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 May and June 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 1, (TR 20006) APNs 0261-181-16 and -17 Recommendation Adopt Resolution No. 2020-152 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 1) and authorizing the levy of special taxes therein. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 9. Resolution Awarding a Maintenance Services Contract with West Coast Arborists, Inc. for Citywide Tree Maintenance Services Recommendation It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-154: 1. Awarding a Maintenance Service Contract ("Contract") with West Coast Arborists, Inc. (“WCA”) for citywide tree maintenance services in a total contract amount not to exceed $1,200,000 (to include $600,000 for general City tree trimming services and $600,000 for landscape district supported services), effective July 1, 2020 through June 30, 2023 with 3 (three) one-year options to extend; and 2. Authorizing the City Manager to execute the Contract; and 3. Authorizing the Director of Finance to record budget adjustments in relation to the Landscape Maintenance District Fund No. 254, as necessary, to support the contract services contingent upon approval of FY 2020/21 and future budgets; and Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 11/1/2021 4. Authorizing the Director of Finance to issue a purchase order in the support of the contract. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 10. Resolution Declaring Intent to Annex Territory into Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 5, Tax Zone No. 6 (PM 19701) Parcel No. 3 Recommendation Adopt Resolution No. 2020-155 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. 5) and authorizing the levy of a special taxes therein. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. Resolution Awarding a Construction Contract to American Asphalt South, Inc., for Citywide Pavement Rehabilitation Slurry/Crack Seal Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-156: 1. Approving a total project budget in the amount of $704,661 for a construction contract in the amount of $631,510, project contingencies in the amount of $63,151, and engineering and inspection budgets in the amount of $10,000, for collective costs for a Citywide Pavement Rehabilitation Slurry/Crack Seal (“Project”); and 2. Approving the award of a Construction Contract with American Asphalt South, Inc. of Fontana, California, in the amount of $631,510; and 3. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $60,570 in Measure I Funds (Fund 129) to the Project; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 11/1/2021 RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill ITEMS TO BE REFERRED TO COMMITTEE Council Member Ibarra asked if the workshops for Campaign Finance Reform could be scheduled. Council Member Figueroa and Mayor Pro-Tem Sanchez inquired whether the City could repave West Rialto Avenue due to the condition of the road after the Water Department completed repairs for water improvements on the water mains. They asked if there could be a shared cost for street improvements. City Manager Ledoux commented that Public Works could look further into this request. Council Member Nickel commented on Committee Appointments and asked if the appointments could resume. City Manager Ledoux informed that the appointments could resume; however, it was difficult for staff to conduct committee meetings over Zoom. Council Member Nickel requested a debrief on the City's response to the Covid-19 pandemic and the Facilities Assessment be agendized for the ad-hoc committee's discussion. Council Member Sanchez asked what committee would oversee the discussion. Assistant City Attorney asked that the City Council allow the City Manager to determine the best approach for the discussion. Council Member Nickel asked for an overview of all City properties. Council Member Ibarra asked if the City's moratorium on rentals had been extended. Assistant City Attorney Thomas Rice informed that Governor Newsom, by executive order, extended the rental moratorium. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on meetings and conferences attended. Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 11/1/2021 ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 8:20 p.m. on Wednesday, July 1, 2020. The next Special 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 Monday, July 6, 2020, in the Multipurpose Room located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. By:_________________________ Genoveva Rocha, CMC