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HomeMy WebLinkAboutBinder2 In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing, the Mayor & City Council meeting are not open to public attendance at this time. All meetings will be held via tele-conference. To view the live meeting:  Select the link to view the live-stream on the City’s website: http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2921; or  Time Warner customers may view the broadcast on Channel 3. You may also view the archived video on the City’s website the day after the meeting. To provide public comments:  Email your written comment to publiccomments@sbcity.org by 4:00 p.m. the day of the scheduled meeting; or  Call 909-384-5208 and leave a recorded comment not to exceed three (3) minutes by 4:00 p.m. the day of the scheduled meeting. The subject line of your email should include whether your comment is for Closed Session or Open Session, whether it is for public comment or for a specific agenda item. Example: Open Session - Agenda Item No. 5 To provide public comments for a Public Hearing: Send an email to publiccomments@sbcity.org by 4:00 p.m. the day of the scheduled meeting. Include your name, telephone number, and the agenda item number. At the time of the requested agenda item, the City Clerk will call the commenter. Each person will be allowed to speak for up to three-minutes. Written comments will be provided to the Mayor & City Council prior to the meeting and will be posted online for public review, but will not be read aloud. Voicemail comments will be played aloud during the appropriate public comment portion of the meeting. Please note that written & recorded comments received after the deadline will not be included in the record until the next regular meeting. To view PowerPoint presentations, written comments, or any revised documents for this meeting date select the link below: http://edocs.sbcity.org/WebLink/Browse.aspx?id=4078025&dbid=0&repo=SB Or visit the City Clerk’s page: From the City’s homepage www.sbcity.org select the Government category -->City Clerk--> on the Navigation menu select Search for Records Online --> Council Agendas--> Current Year 2020--> Meeting Date Please call the City Clerk’s Office at 909-384-5002 if you have any questions. PROCEED TO THE NEXT PAGE FOR THE MEETING AGENDA IMPORTANT COVID-19 NOTICE CITY 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, AUGUST 19, 2020 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION WEB-CONFERENCE • VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG 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 Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. 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. o All documents for public review are on file with the City Clerk’s Office or may be accessed online by going to www.sbcity.org. Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 8/14/2020 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    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. Paul Lentz v. City of San Bernardino, Workers’ Comp. Case No. ADJ36342 ii. Ashtyn Alexander v. City of San Bernardino, Workers’ Comp. Claim No. 18-138571 iii. Michael Gomez v. City of San Bernardino, Workers’ Comp. Claim No. 18- 139152 iv. Sencio Chavez v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-9611 v. Christopher De La Cruz v. City of San Bernardino, Workers’ Comp. Claim No. 19-141005 vi. Michael Smith v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-9118 vii. Thomas Shank v. City of San Bernardino, Workers’ Comp. Claim No. 18- 133928 viii. Gary Powell v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9745 ix. Otis Herrington v. City of San Bernardino, Workers’ Comp Claim No. CSBY-9791 x. Veronica Garcia v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ12031519 and ADJ8145927 xi. Kimberly Graham v. City of San Bernardino, Workers’ Comp. Claim No. 17-132017 Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 8/14/2020 xii. 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) xiii. 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 xiv. 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) xv. Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 xvi. Jackie Aboud, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562 xvii. Karen Cervantes, an individual v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Two cases - Tort claim filed by Don Smith (dated March 31, 2020, revised July 15, 2020) and tort claim filed by Matthew Brown (dated July 22, 2020). (C) PUBLIC EMPLOYMENT/APPOINTMENT (Pursuant to Government Code Section 54957): City Manager (D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representatives: Bob Hall & Associates and City Attorney; Unrepresented Employee: City Manager 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. Report on Use of Measure Z Funds for Fiscal Years 2016/17 through 2018/19 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive a report on the use of Measure Z funds and accompanying independent auditor reports for fiscal years 2016/17 through 2018/19 approved by the Measure Z Citizen’s Oversight Committee on August 10, 2020; and Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 8/14/2020 2. Consider the recommendations provided by the Measure Z Citizen’s Oversight Committee to adopt clear fiscal policies and procedures for the use of the City’s revenue. The City’s fiscal policies should be established to ensure the City’s long-term fiscal stability, providing clear direction so that the City’s finances are managed in a manner that will provide for the delivery of quality services; ensure a balanced budget; and establish reserves necessary to meet known and unknown future obligations. The Committee further recommends that the City Council direct staff to prepare these fiscal policies to be reviewed by the Oversight Committee for input prior to being presented to the City Council for adoption. Should voters approve a 1% general district sales tax in November 2020 (renewing and increasing the Measure Z district sales tax scheduled to sunset on March 31, 2022) the Committee recommends the City Council provide clear direction as to how this revenue will be allocated including measurable goals prior to the November 2020 general election. The Mayor and City Council will need to establish clear guidelines along with an expenditure plan that will enable the Committee to participate in the review and oversight of the use of this revenue in keeping with the City’s priorities including a balanced distribution of resources to support: • Public safety, emergency response and violence intervention services • Cleaner and safer neighborhoods • Retaining and attracting new businesses • Street, park and library maintenance/improvements • Youth, senior, and homeless service programs Additionally the Committee recommends that the City complete an annual audit report with the Oversight Committee assigned responsibility for reviewing the City’s compliance with the expenditure plan established for the use of the general district sales tax revenue. 2. Approve Changes in the Long-Range Property Management Plan Property Disposition Designations for the Real Property Located at 562 West 4Th Street San Bernardino (APNs 0134-131-10 and 0134-131-30) and 780 North “E” Street, San Bernardino (APN 0140-273-21) – Successor Agency Action Recommendation Adopt Resolution No. 2020-145, of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving changes to the Long-Range Property Management Plan (LRMP) property disposition designations for the real property located at 562 West 4th Street, San Bernardino (APNs 0134-131-10 and 0134-131-30) and 780 North “E” Street, San Bernardino (APN 0140-273-21) from future development use to government use. 3. City Clerk Employment Agreement Recommendation Adopt Resolution No. 2020-212 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an employment agreement for the position of City Clerk (U) with Genoveva Rocha to commence on August 19, 2020. Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 8/14/2020 PUBLIC HEARINGS 4. Substantial Amendment Action Plan - Coronavirus Relief Funds Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California hold a public hearing and: 1. Adopt a Substantial Amendment to the FY 2020/21 Action Plan: a. Directing the Finance Director to amend the Fiscal Year 2020/21 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action Plan; b. Directing the Finance Director to establish new funds and associated accounts for the Community Development Block Grant (CDBG-CV1), the Emergency Solutions Grant (ESG-CV1) and (ESG-CV2), pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; c. Directing the Finance Director to establish an account in the Low Mod Housing Fund (Fund 127), in the amount of $1,049,000 for Seccombe Park Housing Project, and reduce the budget for the project under HOME fund 116 by the same; d. Authorizing the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan; and 2. Adopt Resolution No. 2020-211 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to utilize the State allocated Coronavirus Relief Funds for eligible activities as authorized by the US Department of the Treasury. CONSENT CALENDAR 5. June and July 2020 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in July 2020. 6. 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 July 2020. Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 8/14/2020 7. Resolution Authorizing the OTS TRIP Grant Recommendation Adopt Resolution No. 2020-200 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget by $48,800. 8. Resolution Authorizing a Purchase and Sale Agreement Between the City of San Bernardino and LEHR Auto Electric; Amending the Budget; and Issuing a Purchase Order to LEHR Auto Electric and Fairview Ford, Pursuant to the San Manuel Community Credit Fund Restricted Grant Agreement Recommendation Adopt Resolution No. 2020-201 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and LEHR Auto Electric; authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget, appropriating $659,257 to issue a purchase order to LEHR Auto Electric in an amount not to exceed $120,000 and a purchase order to Fairview Ford in an amount not to exceed $84,000, and further authorize the Director of Finance to amend the FY 20/21 Adopted Budget to transfer the Unfunded Actuarial Liability in the amount of $312,369 from 001-210-8652-5034 into 001-120-0078-5034. 9. Resolution to Issue a Purchase Order to Fairview Ford Sales, Inc., for the Purchase of COVID-19 Resistant Vehicles Recommendation Adopt Resolution No. 2020-202 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a Purchase Order to Fairview Ford Sales, Inc., in an amount not to exceed $210,000. 10. Professional Services Agreement for Workers' Compensation Legal Services Recommendation Adopt Resolution No. 2020-203 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between Goldman, Magdalin & Krikes LLP and the City of San Bernardino for workers’ compensation legal services. 11. First Amendment to the Professional Services Agreement Between the City of San Bernardino and Joe A. Gonsalves & Son for State Legislative Advocacy Services Recommendation Adopt Resolution No. 2020-204 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to the Professional Services Agreement between the City of San Bernardino and Joe A. Gonsalves & Son for State Legislative Advocacy Services. Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 8/14/2020 12. Purchase and Sale Agreement with Mat Baburyan, Trustee of the Mat Baburyan Revocable Trust, Dated February 21, 2017, with Respect to the Real Property Located at 757 and 761 N. Mt. Vernon Avenue (APNs 0139-291-60 and 0139-291-61) – Successor Agency Action Recommendation Adopt Resolution No. 2020-199 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Mat Baburyan, Trustee of the Mat Baburyan Revocable Trust, dated February 21, 2017, with respect to the real property located at 575 and 761 N. Mt. Vernon Avenue, San Bernardino, California (APNs 0139-291-60 and 0139-291-61), and approve certain related actions. 13. Resolution Approving the Transfer of City Real Property Assets to Housing Partners I, Inc. Recommendation Adopt Resolution No. 2020-205 of the Mayor and City Council of the City of San Bernardino, California, approving the transfer of certain City-owned real property assets to Housing Partners I Inc., for the Infill Housing Program and authorize the City Manager or designee to take any further actions as necessary to effectuate the transfer of the real property assets. 14. Resolution Approving a Subordination of a Deed of Trust for 3248 Greystone Road, San Bernardino, California Recommendation Adopt Resolution No. 2020-206 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 3248 Greystone Road, San Bernardino, California. 15. Final Reading of Ordinance MC-1541 Establishing the Maximum Number of Cannabis Business Permits Recommendation Accept for final reading and adopt Ordinance MC-1541 of the Mayor and City Council of the City of San Bernardino, California, establishing the maximum number of cannabis business permits authorized, pursuant to Section 5.10.080 of the San Bernardino Municipal Code. 16. Resolution Approving a Construction Agreement W/Tetra Tech for Waterman Landfill Upgrades Recommendation Adopt Resolution No. 2020-142 of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with Tetra Tech, Inc. of San Bernardino, California, for landfill gas collection and treatment system upgrades at the Waterman Landfill and authorizing the City Manager to execute the contract. Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 8/14/2020 17. Resolution Awarding a Construction Contract to TSR Construction and Inspection for Animal Shelter Electrical Service Replacement Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-207: 1. Approving a total project budget for the Animal Shelter Electrical Service Replacement Project (CIP GB20-001) in the amount of $213,000 for the construction contract in the amount of $187,389, project contingencies in the amount of $19,000, and engineering and inspection budgets in the amount of $6,611; and 2. Approving the award of a Construction Contract with TSR Construction and Inspection of Rancho Cucamonga, California in the amount of $187,389; and 3. Authorizing the Acting Director of Finance to amend the adopted FY 2020/21 CIP to reflect a total project budget of $213,000 and record any necessary budget adjustments in Animal Shelter Improvement Fund No. 124; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 18. Resolution Approving the Patton Basin Outlet Repair Change Order Recommendation Adopt Resolution No. 2020-208 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Contract Change Order (CCO) #1 to Project No. 8015 with Jeremy Harris Construction Inc., in the amount of $78,595.50, for a full construction contract not-to-exceed amount of $574,966.50 and authorizing the Acting Director of Finance to increase the purchase order to reflect the full construction cost. 19. Resolution Approving Revised Cooperative Agreement with SBCTA for Metrolink Accessibility Phase II Recommendation Adopt Resolution No. 2020-209 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the revised Cooperative Agreement No. 20-1002318 with the San Bernardino County Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project and authorizing the Acting Director of Finance to record a budget adjustment in the Measure I Fund No. 129 in the amount of $18,000 to support the project. 20. First Amendment to Vendor Services Agreement with RP Landscape and Irrigation - Bryce Hanes Park Recommendation It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-210: Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 8/14/2020 1. Approving First Amendment to Vendor Services Agreement between the City of San Bernardino, California, and RP Landscape and Irrigation for landscape maintenance of the City’s north, central and south park sites (“First Amendment”) through June 30, 2021, to include maintenance services at Bryce Hanes Park in the amount of $32,787 for FY 2020/21 ($3,278.70 per month); and 2. Authorizing the City Manager to execute the First Amendment; and 3. Authorizing the Director of Finance to record budget adjustments to FY 2020/21 Operating Budget for Bryce Hanes Park Landscape Maintenance Fund No. 001- 400-8790 to support the park’s landscape maintenance contract, infrastructure maintenance and utility expenses totaling $66,188. 21. Final Reading and Adoption of Ordinance MC-1538 Amending Ordinance MC- 1522 and Levying Special Taxes to be Collected During Fiscal Year 2020/21 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adopt Ordinance MC-1538 amending Ordinance 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, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement and administrative expenses, with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). 22. Final Reading and Adoption of Ordinance MC-1539 Amending Ordinance MC- 1522 and Levying Special Taxes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adopt Ordinance MC-1539 amending Ordinance 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, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). 23. Authorization to Issue a Purchase Order to Connections for the Renewal of Microsoft Office 365 in an Amount Not to Exceed $166,345.00 for FY 2020/21 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to authorize the purchase of Microsoft Office 365 from Connections in an amount not to exceed $166,345. 24. Final Reading and Adoption of Ordinance MC-1540 Authorizing the Levy of Special Taxes Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 8/14/2020 Recommendation It is recommended that the Mayor and City Council if the City of San Bernardino, California, conduct a final reading and adopt Ordinance MC-1540 levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of certain public improvements and costs of administration with respect to City of San Bernardino Community Facilities District No. 2020-1. 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 Study Session to be held on Wednesday, September 2, 2020, via web-conference. The Study Session 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 19, 2020 Special 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 at sbcity.org on Friday, August 14, 2020. ___________________________________ Genoveva Rocha, CMC, Acting City Clerk Regular Meeting Agenda August 19, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 8/14/2020 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.