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CITY OF SAN BERNARDINO 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, JUNE 612018 4:00 PM — CLOSED SESSION 5:00 PM — OPEN SESSION ' COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 ■ WWN.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 publiccomments r@sbcity,.orq 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. ora. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda June 6, 2018 0 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez ❑ ❑ e �i ❑ Council Member, Ward 2 Benito Barrios ❑ ❑ ❑ Council Member, Ward 3 John Valdivia_ ❑ El Council Member, Ward 4 Fred Shorett _❑ ❑ _ ❑ _ Council Member, Ward 5 Henry Nickel _ ❑ — ❑ ❑ Council Member, Ward 6 Bessine L. Richard ❑ ❑ i ❑ Council Member, Ward 7 James Mulvihill ❑ ❑ 11 , Mayor R. Carey Davis ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna--- ❑ ❑ z ❑ City Attorney Gary D. Saenz ❑ ❑ ❑ City Manager Andrea M. Miller El ❑ ❑ 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 City of San Bernardino v. Xuefeng Su, et al., San Bernardino County Superior Court Case No. CIVDS 1605178 S 7--0 Castaneda, Juventino Tejeda, et al. v. City of San Bernardino, U.S. District Court Case No. CV -17-01928 SVW (SHKx) 5 d--:71 -7-0 Andrade, Edward v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1511329 S d,,a- 7—a Mekione Samatua, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1917832 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 6/1/2018 Joint Regular Meeting Agenda June 6, 2018 C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation - Pursuant to Government Code Section 54956.9(d)(4): City v. Donn K. McDonald Trust S'D'Zi 6 -0(?) City v. Raymond M. Garcia 3 X4- 7 --D City v. Patrick C. Hsu and Wensung Hsu S d4 7 —0 City v. Rainbow Investment Inc.4�-i -7 - D. PERSONNEL - Pursuant to Government Code Section 54957(b): City Manager Performance Evaluation CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property Address: 2355 North Ramona Ave, APN 0148-173-07 City Negotiator., Andrea M. Miller, City Manager Under Negotiation: Price and Terms of Purchase Property Address: Vacant lot on N. J Street, APN 0144-131-36 City Negotiator., Andrea M. Miller, City Manager Under Negotiation: Price and Terms of Purchase INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENT 1. Elected Official Compensation Commission Appointments Recommendation: Approve the appointments of Juan A. Figueroa, 00- , and Gary L. Silvius to the Elected I�1 Official Compensation Commission. Mayor and City Council of the City of San Bernardino Page 3 Printed 6/1/2018 Property Address: 839 North Mountain View Ave, APN 0140-222-26 City Negotiator., Andrea M. Miller, City Manager n � Under Negotiation: Price and Terms of Purchase Property Address: 1256 Wall Ave, APN 0146-241-07 City Negotiator. Andrea M. Miller, City Manager Under Negotiation: Price and Terms of Purchase Property Address: 2355 North Ramona Ave, APN 0148-173-07 City Negotiator., Andrea M. Miller, City Manager Under Negotiation: Price and Terms of Purchase Property Address: Vacant lot on N. J Street, APN 0144-131-36 City Negotiator., Andrea M. Miller, City Manager Under Negotiation: Price and Terms of Purchase INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENT 1. Elected Official Compensation Commission Appointments Recommendation: Approve the appointments of Juan A. Figueroa, 00- , and Gary L. Silvius to the Elected I�1 Official Compensation Commission. Mayor and City Council of the City of San Bernardino Page 3 Printed 6/1/2018 Joint Regular Meeting Agenda June 6, 2018 2. Arts and Historical Preservation Commission Appointments I Recommendation: Approve the appointments of Nicholas R. Cataldo, Rick Moss, and L e to the Arts and —© Historical Preservation Commission. Public Safety and Human Relations Commission Appointment 1� Recommendation: Approve the appointment of Mr. Walter A. Jarman to the Public Safety and Human Relations Commission. '14• Planning Commission Appointment Recommendation: Approve the appointment of Mr. Casey A. Dailey to 1311 the Planning Commission. PRESENTATIONS Llk' Chamber of Commerce &Local §iec ed Officials Announcements P LIC COMMENTS FOR ITE S LISTED AND NOT LISTED ON THE AGENDA v� 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 Vim. the day of the meeting. If you wish, you may email your speaking request to publiccommenfs(ED-sbcitv.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. �D V 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 v erson. There is no limit on the items that can be discussed within that time. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated June 6, 2018. �. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for May ® 2018. Mayor and City Council of the City of San Bernardino Page 4 Printed 6/1/2018 Joint Regular Meeting Agenda June 6, 2018 8. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Special Meetings of May 14, 2018, May 17, 2018, May 29, 2018, and May 30, 2018 and Regular Meeting of May 16, 2018. 9. Consultant Services Agreement with Annie Clark for accounting services Recommendation: Adopt Rolution No. 2018-144 the Mayor and City Council of an ernardino, California, 1 tj� authorizing the execution of a Consultant Services 1 Agreement between the City of San Bernardino and % Annie Clark for accounting consultant services and authorize the City Manager or her designee to Y >� execute the agreement. ,/✓ 1 Vendor Services Agreement with Urban Futures, Inc. for Redevelopment Wind -Down Services Recommendation: Adopt Reskion No. 2018-145 of the Mayor and City Council, of the CitTaf€-S-an Bernardino, California, in its capacity as the Successor Agency to the Redevelopment Agency, approving the FY 2018-19 Vendor Services Agreement between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and Urban'Futures, Inc., and certain related actions. 11. First Amendment to Agreement with Econolite for Purchase of Traffic Signal Materials and Supplies Recommendation: Adopt Resolution No. 2018-146 of rhe Mayor and City Council of City' of San Bernardino, California, authorizing the execution of the First Amendment to the Agreement with Econolite to increase the Purchase Order by $40,000 for a total amount not to exceed $100,000, for the Purchase of Traffic Signal Materials and Supplies. 12. Contract with Willowbrook Landscape Inc., for Landscape Maintenance District Area H Recommendation: Adopt Resolution 2018-1 the Mayor and City Council of the City of San Bernardino, California, awarding a contract to Willowbrook Landscape Inc. for the maintenance of landscaping in various assessment districts, known as Area "H." Mayor and City Council of the City of San Bernardino Page 5 Printed 6/9/2098 Joint Regular Meeting Agenda June 6, 2018 13. Award of Construction Contract to Truesdell Corporation of California, Inc. for Bridge and Railing Repairs Recommendation: Adopt Resol ion No. 2018-14 of the Mayor and City Council of the �ity-of--96-6 Bernardino, California, approving a construction contract with Truesdell Corporation of California, Inc., in the amount of $174,174 and authorizing a construction contingency in the amount of $17,400, for a total contract amount of $191,574;, authorizing the Finance Director to amend FY 2017/18 budget to allocate SB -1 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. 14. Housing -Related Parks Program (HRPP) Award - Project Change of Scope Recommendation: Adopt Resoluti No. 2018-14--9of the Mayor and City Council of thea y-6f"3a Bernardino, California, authorizing a project change of scope for the 2015 Program Year Housing -Related Parks Program (HRPP) grant and authorizing the City Manager to take any further actions and execute any further documents as are necessary to effectuate the change of scope and accomplish its objectives. 15. Purchase and Sale Agreement for the real property located on 839 North Mountain View Avenue Recommendation: Adopt ResoluZnNo. 2018-150 of the Mayor and City Council, of the City of San Bernardino, California, in the capacity 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 Pac Inv., LLC with respect to the real property located on 839 North Mountain View Avenue, San Bernardino, California (APN 0140-222- 26), and approving certain related actions. Mayor and City Council of the City of San Bernardino Page 6 Printed 6/1/2018 Joint Regular Meeting Agenda June 6, 2018 16. Purchase and Sale Agreement for the real property located on 2355 North Ramona Avenue Recommendation: Adopt Resolution-�o�51 of the Mayor and City Council, of the. City of San -Bernardino, California, in the capacity 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 Felix Family Trust Dated 2008 with respect to the real property located on 2355 North Ramona Avenue, San Bernardino, California (APN 0148-173-07), and approving certain related actions. 17. Purchase and Sale Agreement for the real property located on 1256 Wall Avenue Recommendation: Adopt Resoluti o. 2"an of the Mayor and City Council, of the Cl af-ernardino, California, in the capacity 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 Leaping Frog Investments, LLC with respect to the real property located on 1256 Wall Avenue, San Bernardino, California (APN 0146- 241-07), and approving certain related actions. 18. Purchase and Sale Agreement for the real property located on the east side of North "J" Street Recommendation: Adopt Resolution N : X18-153 f the Mayor and City Council, of the City of San Bernardino, California, in the capacity 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 Jumping Frog Investments, LLC with respect to the real property located on the east side of North "J" Street, San Bernardino, California (APN 0144-131-36), and approving certain related actions. Mayor and City Council of the City of San Bernardino Page 7 Printed 6/9/2018 Joint ular Meeting Agenda June 6, 2018 Pavement Rejuvenation at Various Locations (Slurry Seal) Award of Construction Contract to Roy Allan Slurry Seal, Inc. Recommendation: Adopt Resolutiono -155 f the Mayor and City Council of the ofwSan Bernardino, California, approving a construction contract with Roy Allan Slurry Seal, Inc. in the amount of $425,550 and authorizing a construction contingency in the amount of $42,555, for a total contract amount of $468,105; authorizing the Finance Director to amend FY 2017/18 budget to allocate SB -1 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. STAFF REPORTS 20. SCAG 2018 Regional Conference & General Assembly Recommendation: Receive an oral report by Mayor R. Carey Davis and Council Member Mulvihill. 21. Legislative Action Day 2018 — April 18, 2018 Recommendation: Receive an oral report by Council Member Nickel. 22. Agreement with Cannon Parkin, Inc. for Facilities Condition and Need Assessment Services and Amendment to the FY 2017/18 Budget Recommendation: Adopt Resolution N . 2018-156 of the Mayor and City Council of the City arr Bernardino, California, �y authorizing the execution of an Agreement with r/ Cannon Parkin, Inc. for Facilities Condition and Need Assessment (FCNA) Services for evaluation and assessment of 176 City facilities in the amount of $890,000 and authorizing the Finance Director to amend the FY 2017/18 budget. Mayor and City Council of the City of San Bernardino Page 8 Printed 6/1/2018 Joint Regular Meeting Agenda June 6, 2018 PUBLIC HEARINGS 23. United States Department of Housing and Urban Development Fiscal Year 2018-2019 Draft Annual Action Plan for Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs v Recommendation: 1. Conduct a public hearing on the Draft United States Department of Housing and Urban Development FY 2018/19 Annual Action Plan for the City's application of $5,037,744 in Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs. 2. Adopt Resolution No. 2018-157 of the Mayor and' City Council o'f-4he- -Cfty-- of San Bernardino, California, adopting the Draft United States Department of Housing and Urban Development FY 2018/19 Annual Action Pian as an application for funding under Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and authorize the City Manager or her designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the Draft HUD FY �r 2018/19 Annual Action Plan and certification to HUD. 24. General Plan Amendment 16-07, Development Code Amendment (Zoning '�, Map Amendment) 16-08, Conditional Use Permit 16-17, and Publicqq Convenience or Necessity Letter 17-01 - -- o Recommendation: 1. Introduce for fir t reading, Ordinance No. 2018- 1495 of the Mayor and City -Council of the i y o San Bernardino, California, approving General Plan Amendment 16-07 and Development Code Amendment (Zoning Map Amendment) 16-08 to change the General Plan Land Use Designation from Single -Family Residential to Commercial and the Zoning District Classification from Residential Suburban (RS) to Commercial General (CG -1) of one (1) parcel (APN: 0141-222-15) containing approximately 10,000 square feet; and �y Mayor and City Council of the City of San Bernardino Page 9 �' y Printed 61112018 Joint Regular Meeting Agenda June 6, 2018 2. Adopt Resolutio"o. -2018-158 rof the Mayor and City Council of,-the—City—of San Bernardino, California, adopting the Mitigated Negative Declaration, and approving Conditional Use Permit 16-17 to allow a service station, a convenience store and an express drive-thru car wash facility on two (2) parcels containing a total of approximately 0.75 acres located at 841 S. Inland Center Drive (APNs: 0141-222-15, and 26) within the Commercial General (CG -1) Zone. This Resolution includes the denial of an Alcoholic Beverage Control Type -21 (Off -Sale General) License and approval of an Alcoholic Beverage Control Type -20 (Off -Sale Beer & Wine) License in connection with Public Convenience or Necessity Letter 17-01 for the proposed convenience store; and 3. Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on June 20, 2018. 25. Public Hearing for the Fiscal Year 2018/19 Proposed Operating Budget and Capital Improvement Program Recommendation: Conduct a Public Hearing to receive public comments relative to the FY 2018/19 Proposed Operating Budget (Budget) and the FY 2018/19 Proposed Capital Improvement Program (CIP) and provide staff direction. QUASI-JUDICIAL HEARING 26. Continue Public Hearing - Appeal of Pepe's Towing Recommendation: By mutual agreement of the ,., 20, 2018. 3,t�l 27. ADJOURNMENT e (: 31 - parties, ontinue to June 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, June 20, 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 10 Printed 6/1/2018 Joint Regular Meeting Agenda June 6, 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 June 6, 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, June 1, 2018. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann "GPgi" 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 11 Printed 6/1/2018