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Home My WebLink Aboutcity clerk notesCITY OF SAN BERNARDINc City Clerk 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, JULY 185 2018 4:00 PM — CLOSED SESSION '6 �fD 9 5:00 PM — OPEN SESSION COUNCIL CHAMBER - 201 NORTH "E" STREET - SAN BERNARDINO, CA 92401 - WWVV.SBCITY.ORG Virginia Marquez 1/1' 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 ✓COUNBessine L. Richard V-111- COUNCIL CIL 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 publiccomments(a)_sbcity.ora 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 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.orq. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda July 18, 2018 0 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez ❑ ❑ _ ❑_ Council Member, Ward 2 Benito Barrios ❑ ❑ ❑ Council Member, Ward 3 John Valdivia __ ❑__ ❑! ❑ Council Member, Ward 4 Fred Shorett ❑ ❑ _ ❑ Council Member, Ward 5 Henry Nickel ❑ s ❑ ❑ 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. Saenz ❑ - ❑ �� f^4 ❑ 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 of the State of California, by and through the City Attorney for the City of San Bernardino, et al. v. Carlie Jo Eaton, et al., San Bernardino County Superior Court Case No. CIVDS1614663 �' 0"- n-,�,>6t4aa .5--oCsT City of San Bernardino v. Oscar Munoz, et al., San Bernardino County Superior Court Case No. CIVDS1809982 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation — Government Code Section 54956.9(d)(2): Pepe's Towing v. City of San Bernardino C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): City v. Rainbow Investment, Inc. Mayor and City Council of the City of San Bernardino Page 2 Printed 7/13/2018 Joint Regular Meeting Agenda July 18, 2018 D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Pursuant to Government Code Section 54956.8: Property: A portion of the surface parking lot area of the former Carousel Mall property, generally located between West 4th Street on the north, North "G" Street on the west, West 2nd Street on south and North "E" Street on the east. (APNs 0134-221-31 & 45) Negotiators: Andrea Miller, City Manager, and Trans America Auto Logistics, LLC Under Negotiation: Price and Terms of Lease INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENT 111 17'0 A. Elected Official Compensation Commission Appointment Recommendation: PRESENTATIONS Approve the appointment of Christina Roman to the Elected Official Compensation Commission. 1. Proclamation in honor of the Santa Fe Depot's 100th Anniversary 2. Citizen of the Month — Carlos Teran by Council Member Bessine Richard 3. Special Recognition — 2018-2019 Mr. Cardinal & Court by Mayor R. Carey Davis: • Alfonso Sanchez — Mr. Cardinal • Anthony Valencia —1st Runner-up • Omar Santana — 2nd Runner-up • Bryan Rosales — Mr. Cardinal Ambassador ell, 4. Chamber of Commerce & Local Elected Officials Announcements e_4--) Mayor and City Council of the City of San Bernardino Page 3 4 6�� Printed 7/13/2018 Joint Regular Meeting Agenda July 18, 2018 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, 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 tum in individual speaker 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 publiccomments(uj)sbciti�.orc 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 1l?42 1--D 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. 5. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated July 18, 2018. 6. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for June 2018. 7. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council / Regular Meeting of July 5, 2018. Vendor Services Agreement with Dr. William Soltz, Ph. D., Inc., for Pre - Employment and Fitness for Duty Psychological Evaluations for Police Safety Officers Recommendation: Adopt Resolution No. 2018-197 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Vendor Services Agreement between Dr. William Soltz, Ph.D., Inc., and the City of San Bernardino for pre-employment and fitness for duty psychological evaluations for police safety officers. Mayor and City Council of the City of San Bernardino Page 4 Printed 7/13/2018 Joint Regular Meeting Agenda July 18, 2018 9. Authorize Issuance of a Purchase Order to BMW Motorcycles Riverside for Two Motorcycles Recommendation: Adopt Resolution No. 2018-198 of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of a Purchase Order to BMW Motorcycles of Riverside in an amount not to exceed $60,000. X10. License Agreement with RG -Tippecanoe LLC for a Permanent Encroachment at 1385 S. Tippecanoe Avenue Recommendation: Adopt Resolution No. 2018-200 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a License Agreement with RG -Tippecanoe LLC, for the encroachment of a wrought iron fence at 1385 S. Tippecanoe Avenue. /11. City of San Bernardino, Highway Safety Improvement Program (HSIP) Cycle 9 Grant Application Recommendation: Adopt Resolution No. 2018-202 of the Mayor and City Council of the City of San Bernardino, California, approving a list of projects eligible for the Highway Safety Improvement Program (HSIP) Cycle 9 grant application; authorizing the execution of the co- operative agreement with the City of Highland to submit a combined HSIP application; and authorizing the City Manager or designee to sign all necessary J� documents. Award of Construction Contract for ADA Access Ramps & Sidewalk Improvements at Various Locations to S&H Civil Works - Recommendation: Adopt Resolution No. 2018-203 of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with S&H Civil Works in the amount of $661,100 and authorizing a construction contingency in the amount of $66,100, for a total contract amount of $727,200; authorizing the Finance Director to amend FY 2018/19 budget to allocate Measure I Funds to the project; authorizing the City Manager or designee to sign all necessary documents; and authorizing the City Manager to expend the contingency fund, if necessary, to complete the project. Mayor and City Council of the City of San Bernardino Page 5 Printed 7/13/2018 Joint Regular Meeting Agenda July 18, 2018 13. License Agreement with AOP Development for a Permanent Encroachment at 1895 N. Del Rosa Avenue Recommendation: Adopt Resolution No. 2018-204 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a License Agreement with AOP Development, LLC for the encroachment of a wrought iron fence at 1895 N. Del Rosa Avenue. ,14. First Amendment of the Professional Services Agreement with California / Consulting LLC for Grant -Writing Services Recommendation: Adopt Resolution No. 2018-205 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a First Amendment to the Professional Services Agreement for grant -writing services with California Consulting LLC, increasing the total amount of the agreement by $31,500 and authorizing the Director of Finance to increase the Purchase Order for a total amount not to exceed $94,500. X5. Consultant Services Agreement with ProStaff LLC and the City of San Bernardino Recommendation: Adopt Resolution No. 2018-206 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Consultant Services Agreement between ProStaff LLC and the City of San Bernardino for municipal consulting services not to exceed $24,000. 16. Issuance of Purchase Orders to Renew Annual Software and Hardware Maintenance Service Agreements for FY 2018-2019 Recommendation: Authorize the City Manager or her designee to issue Purchase Orders for annual software and hardware support for the Fiscal Year 2018-2019 with Accela Corporation, CelPlan, Dell/EMC, Earth Science Research Institute (ESRI), and Konica Minolta. Mayor and City Council of the City of San Bernardino Page 6 Printed 7/93/2018 Joint Regular Meeting Agenda July 18, 2018 1 Agreement with New Hope Missionary Baptist Church for the New Hope Summer Youth Work Program Recommendation: Adopt Resolution No. 2018-209 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Volunteer Services Agreement between the City of San Bernardino and the New Hope Missionary Baptist Church for the New Hope Summer Youth Work Program from June 2018 through July 2021, to commence for one (1) year with two (2) one-year options. 18. First Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Legal Services Pertaining to Employment Relations and Personnel Matters Recommendation: Adopt Resolution No. 2018-210 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to the agreement between the City of San Bernardino and Liebert Cassidy Whitmore to provide legal services pertaining to employment relations and personnel disciplinary matters and increasing the purchase order by $150,000 for a total amount not to exceed $225,000. 19. Property Exchange Agreement between the City, City Water Department, City of Riverside, and GSW #4, LLC Recommendation: Adopt Resolution No. 2018-212 of the Mayor and City Council of the City of San Bernardino, California, approving the Property Exchange Agreement between the City, City Water Department, City of Riverside, and GSW #4, LLC. ST F REPORTS X. Capital Improvement Work Plan for FY 2018119 PAV"-' Recommendation: Receive and file the FY 2018/19 Capital Improvement Program Work Plan. �f. Transportation, Communication & Public Works Policy Committee Update — June 7, 2018 VV IA Recommendation: Receive an oral report by Council Member Nickel. Mayor and City Council of the City of San Bernardino Page 7 Printed 7/13/2018 Joint Regular Meeting Agenda July 18, 2018 �22. NALEO 35th Annual Conference Update — June 21-23, 2018 23. 24. Recommendation: Receive an oral report by Council Member Barrios. BIA Housing Policy Conference Update — "The Future of Housing in California" - June 15, 2018 Recommendation: Receive an oral report by Council Member Mulvihill. Housing, Community & Economic Development Policy Committee Update — June 8, 2018 Recommendation: Receive an oral report by Council Member Valdivia. �2. City of San Bernardino, Mobile Source Air Pollution Reduction Review Committee (MSRC) Local Government Partnership Program Grant Application Recommendation: l` 5,4LU ?g Request for Support JArtRecommendation: Adopt Resolution No. 2018-216 of the Mayor and City Council of the City of San Bernardino, California, approving a project eligible for Mobile Source Air Pollution Reduction Review Committee (MSRC) Local Government Partnership Program grant application; and authorizing the City Manager or designee to sign all necessary documents. 'J"O Review and discuss and provide direction. ImCity Policies and Procedures ' Recommendation: 41• b.G 6�. �{rQUASI-JUDICIAL HEARING 1914 F) , 0 (_94"A Review and discuss the Charter and San Bernardino City Code, policies and procedures that guide conduct and reinforce accountability and provide direction to staff. o &,V6) b` 28. Appeal filed by Pepe's Towing Services on November 13, 2017 Pursuant to "J / Municipal Code Section 2.64 1 f Recommendation: Mayor and City Council of the City of San Bernardino ,3 Review and consider all evidence presented at the .214 public hearing and the information provided in the report and as presented at the hearing and either grant or deny the Pepe's Towing Services appeal. '' r) 5 1 _ / Printed 7/13/2018 Joint Regular Meeting Agenda July 18, 2018 PUBLIC HEARINGS 29. Solid Waste Account Liens Recommendation: Conduct a Public Hearing related to the Placement of Liens for Solid Waste Accounts delinquent as of February 2017 through January 2018 and adopt rL Resolution No. 2018-213 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. 30. Development Code Amendment (Zoning Map Amendment) 17-09, Conditional Use Permit 17-29, and Public Convenience or Necessity Letter 18-03 Recommendation: 1. 31. ADJOURNMENT Introduce for first reading Ordinance No. MC -1500 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 17-09 to change the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels (APNs: 0280-142-25 and 36) containing a total of approximately 1.4 acres; and 2. Adopt Resolution No. 2018-215 of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption, and approving Conditional Use Permit 17-29 and Public Convenience or Necessity Letter 18-03 to allow the development of a service station and convenience store with an Alcoholic Beverage Control Type -20 (Off -Sale Beer & Wine) License on two (2) parcels containing a total of approximately 1.4 acres located at 1195 S. Waterman Avenue (APNs: 0280-142-25 and 36) within the Industrial Light (IL) Zone; and 3. Schedule the final reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on August 1, 2018. 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, August 1, 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 9 Printed 7/13/2018 Joint Regular Meeting Agenda July 18, 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 July 18, 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, July 13, 2018. 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 10 Printed 7/13/2018