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HomeMy WebLinkAboutagenda updatesCITY OF SAN BERNARDINO REVISED AGEN D.-, 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 7, 2018 4:00 PM - CLOSED SESSION 5:00 PM - OPEN SESSION COUNCIL CHAMBER • 201 NORTH "E" STREET ■ SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG 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 "Gigi" 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. You may email your request to speak to r_ ubliccomments sbcit .or prior to 4 p.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o There is a 3 -minute -per -person time limit for all comments, excluding public or quasi-judicial hearings. 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 Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. 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 www.sbcity.orrr. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda November 7, 2018 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez ❑ El❑ Council Member,_Ward_2 Benito Barrios ❑ ❑ ! ❑ Council Member, Ward 3 John Valdivia— ❑ p f El J Council Member, Ward 4 Fred Shorett _ ❑ ❑ p i- Council Member, Ward 5 Henry Nickel ❑ p i p �_ Council Member, Ward 6 Bessine L. Richard ❑ ❑ p I_ Council Member, Ward 7 James Mulvihill ❑ p ► p Mayor R. Carey Davis ❑ p ❑ _City Clerk Georgeann "Gigi" Hanna _❑ _ ❑ _ City Attorney Gary D. Saenz ❑ ❑ �❑ p City Manager Andrea M. Miller p p p 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 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): One (1) Item INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENTS 1. Water Board Appointment Recommendation: Approve the appointment of Rikke Van Johnson to the Water Board with a six year term of service. 2. Water Board Appointment Recommendation: Approve the appointment of Thomas M. Brickley to the Water Board with a six year term of service. Mayor and City Council of the City of San Bernardino Page 2 Printed 11/2/2018 Joint Regular Meeting Agenda November 7, 2018 3. Measure "Z" Citizen Oversight Committee Recommendation: Approve the appointment of Mr. Clifford R. Cummings to the Measure "Z" Citizen Oversight Committee. 4. Library Board Reappointment Recommendation: Approve the reappointment of Carolyn A. Tillman to the Library Board with a two year term of service. PRESENTATIONS 5. Proclamation in Honor of Small Business Saturday in San Bernardino — Mayor R. Carey Davis 6. Proclamation in Honor of Bells of Peace — Mayor R. Carey Davis 7. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE 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. 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 tum in individual speaker slias to the City Clerk by 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to publi ,comments@_sbci6Lorg prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. 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 7, 2018. 9. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for October 2018. Mayor and City Council of the City of San Bernardino Page 3 Printed 11/2/2018 Joint Regular Meeting Agenda November 7, 2018 10. Right of Entry Agreement with San Bernardino County Transportation Authority for the Redlands Passenger Rail Project Recommendation: Adopt Resolution No. 2018-274 of the Mayor and City Council of the City of San Bernardino, California, approving Temporary Right of Entry Agreement with San Bernardino County Transportation Authority for temporary construction activities across the parcels known as APN 0136-033-27 and 0136-122-78 in connection with the Redlands Passenger Rail Project. 11. Award of Construction Contract for Playground Equipment Replacement to Micon Construction, Inc. Recommendation: Adopt Resolution No. 2018-273 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with Micon Construction, Inc. in the amount of $917,685 for Playground Equipment Replacement; authorize the City Manager to execute the construction contingency in the amount of $82,315; authorize the Finance Director to amend FY 2018/19 Adopted Budget to allocate CDBG Funding Savings to the project for Playground Equipment Replacement; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 12. Second Amendment to the Construction and Maintenance Agreement with Southern California Regional Rail Authority (SCRRA) for the Construction of Redlands Subdivision ("First Mile") Improvements Recommendation: Adopt Resolution No. 2018-285 of the Mayor and City Council of the City of San Bernardino, California, approving the Second Amendment to the Construction and Maintenance Agreement for the Redlands Subdivision "First Mile" Track Construction and Inland Empire Maintenance Facility project. 13. Application for Beverage Container Recycling City/County Payment Program Recommendation: Adopt Resolution No. 2018-295 of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for Payment Programs for recycling beverage containers offered by CalRecycle and approving related authorizations. Mayor and City Council of the City of San Bernardino Page 4 Printed 91/2/2098 Joint Regular Meeting Agenda November 7, 2018 14. San Bernardino Hometown Heroes Military Banner Agreement to Appropriate Funds for Program Purchases Recommendation: Approve an additional budget amendment appropriating donated funds totaling $5,000.00 from the Hometown Heroes Military Banner Trust account to the Civic and Promotional account #001-0023-5186 for the purpose of purchasing materials and supplies, i.e., plaques, printing, pvc pipe, refreshments, etc., and authorize the Director of Finance to issue multiple purchase orders for the Military Banner Program. 15. Agreement with Crime Scene Steri -Clean for Crime Scene and other bio - hazardous Clean Up Services Recommendation: Adopt Resolution No. 2018-296 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement between the City of San Bernardino and Crime Scene Steri -Clean, LLC. 16. Interim Deputy Director of Finance/Budget Manager (U) Employment Agreement and Appointment Recommendation: Adopt Resolution No. 2018-297 of the Mayor and City Council of the City of San Bernardino, California, appointing Rita Conrad as Interim Deputy Director of Finance/ Budget Manager (U) under Government Code section 21221 (H). 17. Increase cap for Professional Service Agreements with Arias & Lockwood and with Mundell Odium & Haws Recommendation: Authorize the City Manager to execute amendments to the Professional Services Agreement between Arias & Lockwood and the City of San Bernardino (Resolution No. 2010-10) and the Professional Services Agreement between Mundell Odium & Haws and the City of San Bernardino (Resolution No. 2015- 26). 18. Authorize City Manager to Respond to Final Report of the 2017-2018 San Bernardino County Civil Grand Jury Recommendation: Authorize the City Manager to respond to the Final Report of the 2017-2018 San Bernardino County Civil Grand Jury. Mayor and City Council of the City of San Bernardino Page 5 Printed 11/2/2018 Joint Regular Meeting Agenda November 7, 2018 19. Agreement Affecting Real Property between the City and the Successor Agency for Cooley Avenue (APNs 0281-031-51 and 0281-041-41) rescinding a Declaration of Reciprocal Easement Recommendation: 1. Authorize the City Manager to execute an Agreement Affecting Real Property for Cooley Avenue (APNs 0281-031-51 and 0281-041-41) rescinding a 1988 Declaration of Reciprocal Easement; and 2. Authorize the City Manager to execute, on behalf of the Successor Agency, an Agreement Affecting Real Property for Cooley Avenue (APNs 0281- 031-51 and 0281-041-41) Rescinding a 1988 Declaration of Reciprocal Easement. STAFF REPORTS 20. American Planning Association (APA) California Conference Update — October 7-10, 2018 Recommendation: Receive an oral report by Council Member Jim Mulvihill. 21. San Bernardino Hometown Heroes Military Banner Criteria Recommendation Recommendation: Approve the recommended criteria changes which will now include immediate family members of retired employees and fulltime contract employees with one year of service with the City. 22. Approve a Policy Establishing a Comprehensive Responses to Homelessness, Authorize City Manager to Issue Letters of Support for HEAP applications, and Adopt Resolution Declaring a Shelter Crisis Recommendation: 1. Adopt a Policy Establishing a Comprehensive Response to Homelessness; 2. Authorize the City Manager to sign letters of support to organizations within the City of San Bernardino seeking HEAP funding that support the City's Policy; and Mayor and City Council of the City of San Bernardino Page 6 Printed 19/212018 Joint Regular Meeting Agenda November 7, 2018 3. Adopt Resolution No. 2018-X9-298 of the Mayor and City Council of the City of San Bernardino, California, declaring a shelter crisis in the City of San Bernardino for purposes of the Homeless Emergency Aid Program funding. PUBLIC HEARINGS 23. First Reading - Amendment of Chapter 10.52 of the San Bernardino Municipal Code to Reduce the Speed Limit on Arrowhead Avenue between Highland Avenue and Thompson Place from 45 mph to 40 mph Recommendation: Adopt Ordinance MC -1502 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 10.52 of the San Bernardino Municipal Code to reduce the speed limit on Arrowhead Avenue between Highland Avenue and Thompson Place from 45 mph to 40 miles per hour and authorize the staff to implement striping modification. 24. Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC -1509 Establishing Procedures for Filling City Council and Mayoral Vacancies Recommendation: Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC -1509 of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 2.03 to Title 2 of the San Bernardino Municipal Code, establishing procedures for filling City Council and Mayor vacancies. 25. 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, November 21, 2018 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 11/212018 Joint Regular Meeting Agenda November 7, 2018 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 7, 2018 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 Friday, November 2, 2018. declare under the penalty of perjury that the foregoing is true and correct. Georgeann "Gigi" Hanna, CMC, 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 19/212018 Resolution No. 2018-2-8-9298 RESOLUTION NO. 2018-M298 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING A SHELTER CRISIS IN THE CITY OF SAN BERNARDINO FOR PURPOSES OF THE HOMELESS EMERGENCY AID PROGRAM FUNDING WHEREAS, California's Governor Edmund G. Brown, Jr. and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, the Governor and Legislature have provided funding to local governments under the Homeless Emergency Aid Program as part of SB 850 and the 2018-19 Budget Act (Chapter 48, Statutes of 2018); WHEREAS, the Governor and Legislature require jurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis pursuant to Government Code §8698.2; WHEREAS, the City of San Bernardino ("City") has developed a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; WHEREAS, the City finds that, as of June 2017, 491 persons within the City of San Bernardino are homeless and living without shelter; WHEREAS, the City finds that the number of homeless is significant and these persons are without the ability to obtain shelter; and WHEREAS, the City finds that the health and safety of unsheltered persons in the City of San Bernardino is threatened by a lack of shelter. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. A shelter crisis pursuant to Government Code section 8698.2 exists in the City. The City is hereby authorized to participate in the Homeless Emergency Aid Program. SECTION 3. Nothing in this Resolution shall be interpreted to prevent the City from enforcing any laws which prohibit camping on public property, including but not limited to Chapter 12.98 of the San Bernardino Municipal Code, where an individual is camping for reasons other than necessity. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA Resolution No. 2018-2-8-9298 applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. This Resolution may be repealed by a resolution of the Mayor and City Council at any time. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of November, 2018. R. Carey Davis, Mayor City of San Bernardino Attest: Georgeann Hanna, CMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2018-289298 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2018-289, adopted at a regular meeting held at the 7th day of November, 2018 by the following vote: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this day of 2018. Georgeann Hanna, CMC, City Clerk