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HomeMy WebLinkAbout10-18-2017 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, 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, OCTOBER 18, 2017 4:00 PM — CLOSED SESSION 5:00 PM — OPEN SESSION COUNCIL CHAMBER • 201 NORTH °E° STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG BLUEBIRD CONFERENCE ROOM, RENAISSANCE RENO DOWNTOWN HOTEL • 1 SOUTH LAKE STREET, • RENO, NV 89501 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 COUNUIL IVIEMBER, WARD 6 R. Carey Davis MAYOR James Mulvihill COUNCIL MEMBER, WARD 7 Andrea M. Miller CITY MANAGE[ Gary D. Saenz CITY ATTORNI' 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 by 4:30 pm the day of the meeting. o You may email your request to speak to publiccomments(o)sbcity. orq 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 www.sbcity.orp. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda October 18, 2017 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 ❑ ❑ ❑ 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 Andrea M. Miller ❑ ❑ ❑ Is] 1163441Z+9***1 IQi!l 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 Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, et al., Los Angeles County Superior Court Case No. BC465755 and Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County Superior Court Case No. BC468955, Consolidated Cases Richard Hale v. City of San Bernardino, WCAB Case Nos. ADJ9888989, ADJ9888990, ADJ9888991, ADJ9960616, ADJ776460, and ADJ2361113 Chris Poulis v. City of San Bernardino, WCAB Case No. ADJ10621735 Scott Paterson v. City of San Bernardino, WCAB Case Nos. ADJ7427849 & ADJ7442689 Mayor and City Council of the City of San Bernardino Page 2 Printed 09/28/2017 Joint Regular Meeting Agenda October 18, 2017 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): City v. Frazee Community Center City v. Lucero M. Fernandez City v. Bernardo & Virginia Ochoa INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT APPOINTMENTS 1. Appointment of Charle' Jacobs to the Parks & Recreation Commission — Council Member Bessine Richard 2. Appointment of Scott Herring to the Personnel Commission — Mayor R. Carey Davis PRESENTATIONS 3. Quality of Life Update 4. Harris Condemnation 5. Winter Wonderland Presentation 6. Violence Intervention Program 7. Student of the Month — Elmer Gutierrez, Middle College High School — Council Member Valdivia 8. Proclamation designating October 2017 as Breast Cancer Awareness Month — Mayor R. Carey Davis 9. Certificate of Recognition — Breast Cancer Awareness Month Survivor — Jan Johnson, Stenographer SBPD 10. 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 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to publiccomments(a_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. Mayor and City Council of the City of San Bernardino Page 3 Printed 09/28/2017 Joint Regular Meeting Agenda October 18, 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. 11. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated October 18, 2017. 12. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for September 2017. 13. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council meeting of October 4, 2017. 14. Interstate 215 Freeway Agreement Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Freeway Agreement with the State of California for the Interstate 215 Freeway through the City of San Bernardino and rescinding previous Interstate 215 Freeway Agreements approved by Resolution Nos. 5490, 2002-014 and 2003-020. 15. Seventh Amendment to the Consultant Services Agreement between the City of San Bernardino and the Law Offices of Linda L. Daube Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Seventh Amendment to the Consultant Services Agreement between the Law Offices of Linda L. Daube and the City of San Bernardino for employment and labor law legal services and increasing the purchase order by $14,000.00, to the Law Offices of Linda L. Daube for a total amount not to exceed $734,500.00. Mayor and City Council of the City of San Bernardino Page 4 Printed 09/28/2017 Joint Regular Meeting Agenda October 18, 2017 16. Establish the Public Works Safety & Training Officer and Facilities & Fleet Maintenance Division Manager classifications and update the Operations & Maintenance Division Manager Classification Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California: 1. Establishing the classification and approving the job description of Facilities & Fleet Maintenance Division Manager (U) and deleting the Building Maintenance Division Manager (U) and Fleet Services Division Manager (U) classifications; 2. Updating the Operations & Maintenance Division Manager (U) job description and salary range; 3. Establishing the classification and approving the job description of Public Works Safety & Training Officer and deleting the Regulatory Compliance Analyst classification; 4. Amending the salary schedule adopted by Resolution 2017-112 on June 21, 2017. 17. Authorization to Purchase Microsoft Software from GovConnection for Hosted Exchange, the City Data Centers and Workstations in an Amount Not to Exceed $430,000 Recommendation: Authorize the City Manager or her designee to execute documents for the purchase of Microsoft software for hosted Exchange email, the City data centers, and workstations from GovConnection in an amount not to exceed $430,000. 18. Agreement with the County of San Bernardino for 800 MHz Radio Communications System Access and Issuance of a Purchase Order to San Bernardino County Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a 5 -year agreement between the City of San Bernardino, California, and San Bernardino County, California, for 800 MHz Radio Communications System access and issuance of a purchase order to San Bernardino County. Mayor and City Council of the City of San Bernardino Page 5 Printed 09/28/2017 Joint Regular Meeting Agenda October 18, 2017 19. Listing Agreement with Keller Williams Realty for the Listing for Sale of Certain Real Property Assets Recommendation: 1. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Listing Agreement with Keller Williams Realty for the listing for sale of certain City -owned real property assets, and approving certain related actions. 2. 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 a Listing Agreement with Keller Williams Realty for the listing for sale of certain Successor Agency -owned real property assets, and approving certain related actions. 20. Acceptance of Grant Funds for Arrowhead Grove from the Housing Related Parks Program Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of Housing Related Parks Program Funds from the California Department of Housing and Community Development for Arrowhead Grove. 21. Second Amendment to the Professional Services Agreement with Engineering Resources of Southern California, Inc. for the 40th Street Widening Project Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a second amendment to the Professional Services Agreement with Engineering Resources of Southern California, Inc., (ERSC) in the amount of $33,370 for environmental and civil engineering design services for the widening of 40th Street from Johnson Street to Electric Avenue (SSO4-014). 22. First Amendment to an Agreement with Matich Corporation for the sbX — "E" Street from 10th Street to Highland Avenue Repaving Project (SS17-005) Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a First Amendment to an Agreement with Matich Corporation for the sbX - "E" Street from 10th Street to Highland Avenue Repaving Project (SS17-005). Mayor and City Council of the City of San Bernardino Page 6 Printed 09/28/2017 Joint Regular Meeting Agenda October 18, 2017 23. Seventh Amendment to the Agreement for the Design of Old Waterman Canyon Bridge Replacement (SS07-014) 24. 25. 26. 27 Recommendation: Adopt a resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Seventh Amendment to the Agreement for Professional Services with AECOM Technical Services, Inc., to provide Engineering Services for the design of Old Waterman Canyon Bridge Repair (SS07-014). Environmental and Civil Engineering Design Services - "H" Street Widening Project Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, awarding an Agreement with CivilSource, Inc. to provide environmental and civil engineering design services for the widening of "H" Street from Kendall Drive to 40th Street (SSO4-152). Fiscal Year 2016-17 Continuing Appropriations and Encumbrance Carryovers and Amending the Fiscal Year 2017-18 Budget Recommendation: Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Fiscal Year 2016-17 Continuing Appropriations and Encumbrance Carryovers and amending the Fiscal Year 2017-18 Budget to include the approved Fiscal Year 2016-17 Continuing Appropriations and Encumbrance Carryovers. Establishing San Bernardino Arts Fest 2018 as a City Sponsored Event Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, to Establish San Bernardino Arts Fest 2018 as a City Sponsored Event. Revised Lease Agreement with the Metropolitan Water District relative to Assessment District No. 1055 Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the execution of a revised lease agreement with the Metropolitan Water District of Southern California, relative to Assessment District No. 1055 in the Pine Avenue and Redwood Street Area, Tract No. 17716. Mayor and City Council of the City of San Bernardino Page 7 Printed 09/28/2017 Joint Regular Meeting Agenda October 18, 2017 28. Temporary Occupancy Permit No. 17-58626 with BNSF for Mt. Vernon Bridge Netting Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Temporary Occupancy Permit No. 17-58626 with the Burlington Northern Santa Fe (BNSF) Railway for installation of debris netting under the Mt. Vernon Bridge. 29. Retention of B. Tilden Kim of Richards Watson & Gershon for Legal Services Related to the RIX Retrofit Project and Flow Equalization Project Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Retention of B. Tilden Kim of Richards, Watson & Gershon for Legal Services Related to the RIX Retrofit Project. PUBLIC HEARINGS 30. Amendment to San Bernardino Municipal Code Section 8.18 (Accumulation of Combustible and Noncombustible Materials) — First Reading Recommendation: Introduce for First Reading an Ordinance of the Mayor and City Council of the City of San Bernardino California, amending San Bernardino Municipal Code Chapter 8.18 pertaining to the accumulation of combustible and noncombustible materials. 31. Housing and Urban Development Citizen Participation Plan Recommendation: Open the Public Hearing, take any testimony, and continue the Public Hearing to November 1, 2017. STAFF REPORTS 32. Capital Improvement Work Plan For FY 2017/18 Recommendation: Receive and file the Capital Improvement Work Plan for FY 2017/18. Mayor and City Council of the City of San Bernardino Page 8 Printed 09/28/2017 Joint Regular Meeting Agenda October 18, 2017 33. Appoint Members to the Citizen's Advisory Committee on Marijuana and Adopt a Resolution and Urgency Ordinance Related thereto Recommendation: 1. Adopt an Uncodified Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, excepting members of the Citizen's Advisory Committee on Marijuana from the residency requirement for members of boards, commissions and committees located in section 601 of the City Charter; and 2. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, related to the Citizen's Advisory Committee on Marijuana; and 3. Appoint by Minute Action the members of the Citizen's Advisory Committee on Marijuana. 34. 2017 American Planning Association (APA) California Conference September 23 — 26, 2017 Recommendation: Receive an oral report by Council Member Mulvihill. 35. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 36. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 37. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 1aL6111N01Ly, l40111 The next joint special 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 Tuesday, October 24, 2017, in the Council Chamber located at 201 North E Street, San Bernardino, California 92401. Closed Session will begin at 2:00 p.m. Mayor and City Council of the City of San Bernardino Page 9 Printed 09/28/2017 Joint Regular Meeting Agenda October 18, 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 October 18, 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 Thursday, October 12, 2017. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann "G19 -'i" Hanna, 0, MC, 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 09/28/2017