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HomeMy WebLinkAbout03-06-2017 Jt. Reg Mtg AgendaCITY 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, AND 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 MONDAY, MARCH 6, 2017 2:00 PM – CLOSED SESSION 4:00 PM – OPEN SESSION COUNCIL CHAMBER • 300 NORTH "D" STREET (LOBBY) • SAN BERNARDINO, CA 92418 • WWW.SBCITY.ORG Virginia Marquez R. Carey Davis James L. Mulvihill COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Benito Barrios Mark Scott COUNCIL MEMBER, W ARD 2 CITY MANAGER John Valdivia Gary D. Saenz COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Georgeann “Gigi” Hanna COUNCIL MEMBER, W ARD 4 CITY CLERK Henry Nickel David Kennedy COUNCIL MEMBER, W ARD 5 CITY TREASURER Bessine L. Richard COUNCIL MEMBER, W ARD 6 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 4:30 pm the day of the meeting. o You may email your request to speak to publiccomments@sbcity.org if you cannot turn it in in person prior to 4:30 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 http://www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 03/02/2017 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez    Council Member, Ward 2 Benito J. Barrios    Council Member, Ward 3 John Valdivia    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 R. Carey Davis    City Clerk Georgeann "Gigi" Hanna    City Attorney Gary D. Saenz    City Manager Mark Scott    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 AMF 1278, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1702219 Kush Concepts, et al. v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS 1702131 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 Center for Biological Diversity, et al. v. City of San Bernardino, et al. C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Nguyen City v. Wells Fargo Bank N.A. Joint Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 03/02/2017 D. PERSONNEL – Pursuant to Government Code Section 54957(b): City Manager E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8 385 N. “E” Street (APN 0134-241-64), Negotiator: Mark Scott / Andrea Miller CLOSED SESSION REPORT PRESENTATIONS 1. San Manuel Band of Mission Indians – Presentation by Chairwoman Lynn Valbuena and the Business Committee 2. Proclamation to the San Manuel Band of Mission Indians – Presentation by Mayor R. Carey Davis 3. San Bernardino Police Department vs. San Bernardino County Fire Baseball Game at the San Manuel Stadium – Presentation by Vicki Cervantes 4. 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 speaker slips to the City Clerk by 4:30 p.m. the day of the meeting. If you wish, you may email your speaking request publiccomments@sbcity.org 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 thre e minutes total per person. There is no limit on the items that can be discussed within that time. 5. City Clerk Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated March 6, 2017. Joint Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 03/02/2017 6. City Clerk Council Minutes – February 21, 2017 Recommendation: Approve the minutes of the Mayor and City Council meeting of the February 21, 2017, as submitted. 7. Finance Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for February 2017. 8. Community Development Amendment Number Two to an Agreement with Eco Tierra Consulting Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number Two to extend the term of the Agreement with Eco Tierra Consulting Inc., though March 31, 2018. 9. City Manager Amendment Number One to the Consultant Services Agreement between the City of San Bernardino and Annie Clark Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Amendment Number One to the Consultant Services Agreement between the City of San Bernardino and Annie Clark. 10. City Attorney Employment Agreement with City Manager Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Mayor to execute an Employment Agreement for the position of City Manager with Mark Scott. Joint Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 03/02/2017 11. City Manager Relocation Related Agreements Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to approve payments for move related services in an amount not to exceed $150,000. 12. City Manager IDS Group Engineering and Design Services Agreement Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with IDS Group for engineering and design services related to several structures in the City Hall Plaza, in an amount not to exceed $1,009,540. 13. Successor Agency St. Bernardine Senior Housing Property Subordination of a Deed of Trust Recommendation: Adopt the Resolution 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 the subordination of a deed of trust to refinance a senior mortgage for the St. Bernardine senior housing property located at 550 W. 5th Street, San Bernardino. 14. Police Department Purchase and Installation of New Flooring at Police Headquarters Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the appropriation of an additional $20,000 into the FY2016/17 Adopted Budget from the Development Impact Fees Fund, issuance of a Purchase Order to G&S Carpet Mills, Inc. and execution of a Vendor Services Agreement between the City of San Bernardino, California, and G&S Carpet Mills, Inc. Joint Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 03/02/2017 15. Police Department Amendment Number Three to the Vendor Services Agreement with Platinum Security, Inc., for Security Services at Various City Locations Recommendation: Adopt a Resolution approving Amendment Number Three to the Vendor Services Agreement between the City of San Bernardino, California, and Platinum Security, Inc.; and increasing the Purchase Order to Platinum Security, Inc., in an amount not to exceed $150,000 for the remainder of FY 2016/17. 16. City Attorney Professional Services Agreement with Stradling Yocca Carlson & Rauth P.C. for Litigation Services Recommendation: Adopt the Resolutions of the Mayor and City Council of the City of San Bernardino and the Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino authorizing the execution of Professional Services Agreement with Stradling Yocca Carlson & Rauth P.C. for legal services related to litigation. 17. Community Development Amendment Number One to Increase Contract Amount for Two Code Enforcement Board-Up Contractors – Absolute Property Preservation and Brett Carlson Construction Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number One to increase the contract amount and extend the term for two property board - up contractors. 18. Successor Housing Agency Purchase and Sale Agreement for 333 North “H” Street, San Bernardino Recommendation: Adopt a Resolution approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City of San Bernardino and Fairview Ford Sales, Inc. with respect to 333 North “H” Street, San Bernardino (APN 0134-182-04) and approving certain related actions. Joint Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 7 Printed 03/02/2017 PUBLIC HEARING - TO BE HEARD AT 5:30 P.M. 19. Public Works Refuse Accounts Liens Recommendation: Council to Conduct a Public Hearing related to the Placement of Liens for Refuse Accounts delinquent as of the Second Quarter 2016, Third Quarter 2016, October and November 2016, and adopt a Resolution. STAFF REPORTS 20. City Manager Amendment Number One to Lease with Vanir Tower Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, directing the City Manager to execute the Amendment Number One to the Lease with Vanir Tower Inc. at 290 North D Street San Bernardino, California. 21. City Manager California Partnership for Safe Communities relating to Implementation of the Ceasefire Program Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the approval of the attached Professional Services Agreement. 22. City Manager Charter Implementation Update Recommendation: Review and analyze the memorandum from Special Council Kimberly Hall Barlow of Jones & Mayer regarding Charter implementation including the immediate impacts of the new Charter and revisions to the San Bernardino Municipal Code and provide direction related to priorities; introduce for first reading an Ordinance amending portions of Chapter 1.08 of the City of San Bernardino Municipal Code to implement the provisions of the newly adopted Charter; and introduce for first reading an Ordinance repealing and replacing Chapter 2.02 regarding the position of City Manager and introduce for first reading an Ordinance repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore to conform to the City’s Charter. Joint Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 8 Printed 03/02/2017 23. City Manager Property Disposition Strategy Recommendation: Adopt a Resolution of the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Property Disposition Strategy and authorizing the City Manager or his or her designee to take actions to effectuate the sale of designated properties. 24. City Attorney City Policy Regarding Letters Signed by a Majority of the City Council Recommendation: Adopt a Resolution establishing a policy regarding letters signed by the majority of the members of the City Council. 25. City Attorney Letter Requesting Federal Assistance Recommendation: Discussion regarding the letter to the President of the United States requesting federal assistance. 26. City Attorney Authorization to Send Letter in Support of Inland Empire Job Corps Recommendation: Adopt the Resolution authorizing the Mayor and City Council of the City of San Bernardino to send a letter in support of Inland Empire Job Corps to Congress and the President of the United States. 27. City Council Discussion of Illegal Fireworks Recommendation: Develop an effective strategic enforcement plan to mitigate the use of illegal fireworks in the City of San Bernardino, California. Joint Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 9 Printed 03/02/2017 28. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 29. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 30. ANNONCEMENTS 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 is scheduled for 2:00 p.m., Monday, March 20, 2017, in the Council Chamber of City Hall, 300 North “D” Street, San Bernardino, California. Joint Regular Meeting Agenda March 6, 2017 Mayor and City Council of the City of San Bernardino Page 10 Printed 03/02/2017 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 staff member responsible for collecting speaker request slips 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.