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Home My WebLink Aboutcity clerk 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 A5 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 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 20, 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 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 Mark Scott CITY MANAGER Gary D. Saenz CITY ATTORNEY Georgeann "Gig!" 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(a-)-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.sbcit,.or . o Please turn off or mute your cell phone while the meeting is in session. Regular Meeting Agenda March 20, 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 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 People of the State of California, et al. v. Kush Concepts Collective, et al, San Bernardino Superior Court Case No. CIVDS 1516185 People of the State of California, et al. v. Kush, Inc., et al., San Bernardino Superior Court Case No. CIVDS 1512329 People of the State of California, et al. v. MJ, Inc., et al., San Bernardino, Superior Court Case No. CIVDS 1516186 Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704276 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/96/2017 Regular Meeting Agenda March 20, 2017 Michael Lee, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704539 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation — Government Code Section 54956.9(d)(2): Three (3) Items C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): City of San Bernardino v. Wing Ng One (1) Item D. PERSONNEL — Pursuant to Government Code Section 54957(b): City Manager CLOSED SESSION REPORT PRESENTATIONS 1. Special Recognition to Mr. Taylor Rohm — Mayor R. Carey Davis 2. Special Recognition to the Quality of Life Team — Winner of the Inland Empire Economic Partnership and JPMorgan Chase's Turning Red Tape into Red Carpet Award for their Public/Private Partnership Category — Mayor R. Carey Davis 3. Certificate of Recognition — SBPD Explorers — Mayor R. Carey Davis 4. Student of the Month — Victor Espinoza -Serrano, Indian Springs High School — Council Member Mulvihill for Council Member Virginia Marquez 5. Resolution — Annual Cesar Chavez Memorial — Council Member John Valdivia 6. Citizen(s) of the Month: 011ie McDonald Senior Talent Showcase Performers — Council Member Fred Shorett 7. Chamber of Commerce & Local Elected Officials Announcements APPOINTMENTS 8. Appointment of Edgar Motta to the Parks and Recreation Commission — Council Member Richard 9. Appointment of Carlos Gomez to the Parks and Recreation Commission — Council Member Jim Mulvihill for Council Member Virginia Marquez Mayor and City Council of the City of San Bernardino Page 3 Printed 3/96/2017 Regular Meeting Agenda March 20, 2017 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 to ubliccomments(c: sbc ty.or 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. 10. City Clerk Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated March 20, 2017. 11. City Clerk Council Approval of Minutes — March 6, 2017, and March 14, 2017 Recommendation: 12. Finance Approve the minutes of the Mayor and City Council meetings of March 6, 2017, and March 14, 2017, as submitted. Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for March 2017. Mayor and City Council of the City of San Bernardino Page 4 Printed 3/1612017 Regular Meeting Agenda March 20, 2017 13. Human Resources Coordinator of Volunteers Job Description and Classification Recommendation: 14. Parks and Recreation Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the classification and job description for the Coordinator of Volunteers (Grant Funded) and deleting the classifications of Coordinator of Volunteers to the Senior Companion Program (SCP) and deleting the classification of Coordinator of Volunteers to the Retired and Senior Volunteer Program (RSVP). Nunez Pool Filtration Replacement Project Recommendation: 15. Public Works Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a contract between the City of San Bernardino and California Waters Development Inc. for the Nunez Park Pool Filtration Replacement Project. Measure 1 (2010-2040) Valley Major Street Program - Five -Year Capital Project Needs Analysis (2017-2022) Recommendation: 16. Public Works Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Five -Year Capital Project Needs Analysis (2017- 2022) for Measure 1 2010-2040 Valley Major Street Program. Five -Year Measure I Capital Improvement Program (FY2016-2021)and Expenditure Strategy Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Five -Year Capital Improvement Program (FY 2016- 2021) for Measure I Local Expenditures and Expenditure Strategy. Mayor and City Council of the City of San Bernardino Page 5 Printed 3/16/2017 Regular Meeting Agenda March 20, 2017 17. Community Development Professional Services Agreement with Keyser Marston Associates Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Professional Services Agreement with Keyser Marston Associates (KMA) in an amount not to exceed $55,000 for real estate, economic and negotiation advisory services related to the evaluation and negotiation of financial submittals, business terms and agreements assistance related to the Carousel Mall Project. 18. Police Department Purchase of Bullet Proof Vests for Police Personnel Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, to increase the FY 2016/17 Purchase Order issued to Adamson Police Products, Inc. by $150,000 for the purchase of ballistic and SWAT vests in accordance with RFQ F- 17-02, with three optional one-year renewals. PUBLIC HEARING 19. Public Works Refuse Accounts Liens Recommendation: Continue the Public Hearing that opened at the Mayor and City Council meeting of March 6, 2017, 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. Mayor and City Council of the City of San Bernardino Page 6 Printed 3/16/2017 Regular Meeting Agenda March 20, 2017 20. City Manager Reallocation of Community Development Block Grant Public Service Funds Recommendation: That the Mayor and City Council direct staff to move forward with the FY 2017/18 Community Development Block Grant (CDBG) application assuming that the allowable 15% Public Service funds will be allocated to federally -mandated Fair Housing Programs and to City capital improvement activities for a period of up to five years. 21. City Manager Military Banner Purchase Order Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing an increase from $5,000 to $10,000 to Purchase Order 2017-00000742 issued to Out of the Box Printing/R81 for military banners and hardware. 22. City Manager Election of Mayor Pro Tempore Recommendation: Open nominations for a member of the City Council to serve as Mayor Pro Tempore until March 19, 2018. Mayor and City Council of the City of San Bernardino Page 7 Printed 3/16/2017 Regular Meeting Agenda March 20, 2017 23. Successor Agency Purchase and Sale Agreement between the City of San Bernardino and the Successor Agency with respect to 280 S. E Street, San Bernardino, California (APN 0136-11-26) Recommendation: 1. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Purchase and Sale Agreement between the City of San Bernardino and the Successor Agency to the Redevelopment Agency of the City of San Bernardino with respect to 280 South "E" Street, San Bernardino, California (APN 0136-11- 26), and approving certain related actions; and 2. Adopt a Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino approving the Purchase and Sale Agreement between the City of San Bernardino and the Successor Agency to the Redevelopment Agency of the City of San Bernardino with respect to 280 South "E" Street, San Bernardino, California (APN 0136-11-26), and approving certain related actions. 24. Successor A enc Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and David Friedman with respect to 385 North "E" Street, San Bernardino (APN 0134-241-64) Recommendation: Adopt a Resolution of the Mayor and City Council, in its 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 David Friedman with respect to 385 North "E" Street, San Bernardino (APN 0134- 241-64) and approving certain related actions. Mayor and City Council of the City of San Bernardino Page 8 Printed 3/16/2017 Regular Meeting Agenda March 20, 2017 25. City Manager Ordinance amending portions of Chapter 1.08 of the San Bernardino Municipal Code relating to ordinances and resolutions; Ordinance repealing and replacing Chapter 2.02 regarding the position of City Manager; Ordinance repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore; Ordinance repealing and replacing Charter 2.58 regarding meetings; and reaffirm the appointment of Mark Scott as City Manager to conform to the City's Charter Recommendation: 1. Introduce for first reading an Ordinance amending portions of Chapter 1.08 of the City of San Bernardino Municipal Code relating to ordinances and resolutions to implement the provisions of the newly adopted Charter; 2. Introduce for first reading an Ordinance repealing and replacing Chapter 2.02 regarding the position of City Manager; 3. Introduce for first reading an Ordinance repealing and replacing Section 2.0 1.010 of the Municipal Code regarding the Mayor Pro Tempore to conform to the City's Charter; 4. Introduce for first reading an Ordinance repealing and replacing Charter 2.58 regarding meetings; and 5. Ratify the appointment of Mark Scott as City Manager pursuant to provisions of the Charter approved by voters on November 8, 2016. 26. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 27. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 28. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF 29. 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, April 3, 2017, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Mayor and City Council of the City of San Bernardino Page 9 Printed 3/16/2017 Regular Meeting Agenda March 20, 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. Mayor and City Council of the City of San Bernardino Page 10 Printed 3/1612017