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HomeMy WebLinkAboutcity clerk agendaCity Clerk CITY OF SAN BERNAF AGENDA FOR THE JOINT 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 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, NOVEMBER 15, 2017 4:00 PM — CLOSED SESSION 5:00 PM — OPEN SESSION COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNA RDIN0, CA 52441 : c: - i- I Virginia Marquez COUNCIL MEMBER, WARD 1 Benito Barrios COUNCIL MEMBER, WARD 2 John Valdivia COUNCIL MEMBER, WARD 3 Fred Shorett COUNCIL MEMBER, WARD 4 Henry Nickel COUNCIL MEMBER, WARD 5 Bessine L. Richard COUNCIL MEMBER, WARD 6 R. Carey Davis MAYOR James Mulvihill COUNCIL MEMBER, WARD 7 Andrea M. Miller CITY MANAGER Gary D. Saenz CITY ATTORNEY Georgeann "Gig!" Hanna CITY CLERK David Kennedy CITY TREASURER Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk by 5:00 pm the day of the meeting. O You may email your request to speak to if you cannot turn it in in person prior to 5:00 pm. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o Public comments for agenda items that are not public hearings will be limited to three minutes. O There is a 6 -minute -per -person time limit for all comments, excluding public hearings. O All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. O Please contact the City Clerk's Office (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 o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda November 15, 2017 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ Council Member, Ward 2 Benito Barrios ❑_ ❑_ ❑ Council Mem_be_r, Ward 3 John Valdivia ❑ ❑_ ❑ _m Council Meber, Ward 4 Fred Shore—ft _❑ ❑ ❑ Council Member, Ward 5 Henry Nickel _❑ ❑_ _❑ Council Member, Ward 6 Bessine L. Richard ❑ ❑ ❑ Council Member, Ward 7 James Mulvihill ❑ _❑ ❑_ Mayor R. Carey Davis ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ _❑ City Attorney Gary D. S a e n z ❑ ❑ ❑ City Manager Andrea M. Miller ❑ ❑ ❑ CLOSED SESSION PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ People v. DPSB Quality Investments, LLC, San Bernardino County Superior Court Case No. CIVDS1610926 Tiffany Emon v. City of San Bernardino, WCAB Case No. ADJ10445975 Timothy Matlock v. City of San Bernardino, WCAB Case Nos. ADJ1271633 and ADJ661480 Joseph Munoz v. City of San Bernardino, WCAB Case Nos. ADJ113026, ADJ717900, ADJ5823212, ADJ7216410, ADJ8239387 and ADJ8293218 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation — Government Code Section 54956.9(d)(2): One (1) Item Mayor and City Council of the City of San Bernardino Page 2 Printed 11/8/2017 Joint Regular Meeting Agenda November 15, 2017 C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): City v. Capitalist Masters Group, LLC INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENTS 1. Commission Appointment — Council Member John Valdivia Recommendation: Respectfully request that Ms. Brenda Bell be considered for appointment to serve on the Parks and Recreation Commission. PRESENTATIONS 2. Select San Bernardino County Presentation 3. Earthquake Presentation 4. Certificates of Recognition — 70th Anniversary Raymond and Jessie Guajardo — Council Member Virginia Marquez 5. Student of the Month — Dylan Anderson, San Andreas High School — Council Member Fred Shorett 6. Citizens of the Month: Kery Silva, Elva Silva, Robert Harris, Maura Jeanette Payne, and Beatriz Sepulveda — Council Member Henry Nickel 7. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED ON THIS AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council on any item on the agenda, excluding public hearings. There is no limit to the number of items that may be discussed within the three-minute time limit. To be called on by the Mayor. please turn in individual sf)eaker slips to the City Clerk by 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to i}u,oriccommentt;lzisociiy,ur prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. Mayor and City Council of the City of San Bernardino Page 3 Printed 11/8/2017 Joint Regular Meeting Agenda November 15, 2017 CONSENT CALENDAR - — - -- There will be no separate discussion of Consent Calendar items unless a Council member requests that the item be considered in its normal sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes total per person. There is no limit on the items that can be discussed within that time. 8. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated November 15, 2017. 9. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for October 2017. 10. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council meeting of November 1, 2017. 11. Authorization of a Mills Act Preservation Agreement for 487 W. 17th Street Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of One Mills Act Preservation Agreement with Kerrie Brooks for the Property Located at 487 W. 17th Street, San Bernardino, California. 12. Establish Cemetery Worker Classification and Job Description Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the classification and approving the job description for the Cemetery Caretaker. 13. Establish No Parking Zones on the North Side of Mac Kay Drive between "E" Street and "D" Street, and on the west side of "D" Street between Mac Kay Drive and 200 feet North of Mac Kay Drive Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the establishment of "No Parking" zones on the north side of Mac Kay Drive between "E" Street and "D" Street, and on the west side of "D" Street between Mac Kay Drive and 200 feet north of Mac Kay Drive. Mayor and City Council of the City of San Bernardino Page 4 Printed 11/8/2017 Joint Regular Meeting Agenda November 15, 2017 14. Authorization for the City of Highland to submit a Regional Application to the California Department Resources Recycling and for a Rubberized Pavement Grant (RAC) Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing, on its behalf, the submittal of a grant application to the California Department of Resources Recycling and Recovery by the City of Highland for which the City of San Bernardino is eligible. 15. Authorization for the City Manager to execute State Funded Program Supplement Agreements Recommendation: Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or her designee to execute all Program Supplement Agreements to the Master Agreement Administering Agency — State Agreement For State Funded Projects — Agreement No. 00151S between the City of San Bernardino and the State of California. 16. Department of Water Resources Land Sale Reauthorization Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, reauthorizing the execution of grant deeds for the sale of Water Department property located in Devil Canyon known as EBE-68 and EBE-78. 17. Default Landscape Maintenance Agreements within Assessment District 1022 Zone 2 Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the execution of Default Landscape Maintenance Agreements and Amendments with Westgate, AC, L.P., Westgate No. 1, L.P., and the Inland Valley Development Agency relative to Assessment District No. 1022, Zone 2. 18. Authorize the Director of Finance to issue a purchase order to Out of the Box Printing/1181 in the amount of $10,000.00 for military banners Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Out of the Box Printing/R81 in the amount of $10,000.00 for military banners. Mayor and City Council of the City of San Bernardino Page 5 Printed 11/8/2017 Joint Regular Meeting Agenda November 15, 2017 19. Intention to Conduct Public Hearing to consider the vacation of portions of Home Avenue, "I" Street and Montgomery Street and the reservation of utility easements therein Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to consider the vacation of portions of Home Avenue, "I" Street and Montgomery Street and the reservation of utility easements therein. 20. Authorization for the City Manager to provide notice of intent to withdraw from to the Big Independent Cities Excess Pool Joint Powers Authority (BICEP) Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to provide written notice to the Big Independent Cities Excess Pool Joint Powers Authority (BICEP) of the City of San Bernardino's intent to withdraw from coverage and exit BICEP. STAFF REPORTS 21. Cultural Development Construction Fee (Chapter 15.57) Recommendation: Introduce for first reading an ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Ordinance No. MC -650 and amending Chapter 15.57 of the Municipal Code related to Cultural Development Construction Fees; and Set the final reading and adoption of the ordinance for the next regularly scheduled meeting of the Mayor and City Council. 22. DIF Credit/Agreement (Municipal Code§§ 3.27.140, 150) with Ridge Development Recommendation: Adopt a Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving the Development Impact Fee Credit Agreement ("DIF Agreement") with Ridge Development Company, LLC ("Ridge"), in recognition of Ridge's construction of public improvements which will benefit the City's local and regional circulation system and increase traffic safety throughout the area. Mayor and City Council of the City of San Bernardino Page 6 Printed 11/8/2017 Joint Regular Meeting Agenda November 15, 2017 23. Status Report on the Development Code Update Project Recommendation: Review, discuss and provide direction regarding the Development Code Update. 24. First Amendment to Exclusive Right to Negotiate Agreement (Arden Guthrie) with Mark Development, Inc. Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to Exclusive Right to Negotiate Agreement (Arden Guthrie) with Mark Development, Inc., and approving certain related actions. 25. Southern California Edison's High Sierra Big Creek Workshop -September 27-29,2017 Recommendation: Receive an oral report by Council Members Barrios and Valdivia. 26 27 2017 Western Manufactured Housing Communities Association Convention & Expo- October 16 -19, 2017 Recommendation: Receive an oral report by Council Member Valdivia. American Planning Association October 2017 Workshop -Historic Symposium - October 19, 2017 Recommendation: Receive an oral report by Council Member Mulvihill. 28. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 29. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 30. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 31. ADJOURNMENT 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, December 6, 2017, in the Council Chamber located at 201 North E Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 7 Printed 11/8/2017 Joint Regular Meeting Agenda November 15, 2017 CERTIFICATION OF POSTING AGENDA I, Georgeann "Gigi" Hanna, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the November 15, 2017 regular 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 in the breezeway of City Hall, 300 North "D" Street, San Bernardino, California, at the San Bernardino Public Library, and on the City's website www.ci.san-bernardino.ca.us on Wednesday, November 8, 2017. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann "Gigi" Hanna, GMC, City Clerk NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. 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 8 Printed 11/8/2097