The URL can be used to link to this page

Home My WebLink AboutAgenda and Back Up 3-21-18 MCC_agenda w notesCITY OF SAN BERNARDIN AGENDA City Clerk 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$ERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MARCH 21, 2018 4:00 PM - CLOSED SESSION ld'031 5:00 PM - OPEN SESSION COUNCIL CHAMBER - 201 NORTH "E° STREET - SAN BERNARDINO, CA 92401 - WWW.S8CITY.0RG 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 by 5:00 pm the day of the meeting. o You may email your request to speak to ubliccomments(Qsbcit .or if you cannot turn it in in person prior to 5:00 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 4 O Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting, Agenda March 21, 2018 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ -Y !0 � Council Member, Ward 2 Benito Barrios ❑ ❑ ❑ j1.' /0 Council Member, Ward 3 John Valdivia ❑ ❑ ❑ 1,-12— j'.`/2Council CouncilMember, Ward 4 Fred Shorett ❑ ❑ ❑ -V. o !> Council Member, Ward 5 Henry Nickel ❑ ❑ ❑ ��• ,'' Council Member, Ward 6 Bessine L. Richard ❑ ❑ ❑ d 5 Council Member, Ward 7 James Mulvihill ❑ ❑ ❑ p Mayor R. Carey Davis ❑ ❑ ❑ ,o City Clerk Georgeann "Gigi" Hanna El❑ 11q 0 3 City Attorney Gary D. Saenz ❑ ❑ ❑ q. b 5 City Manager Andrea M. Miller ❑ ❑ ❑ :i 05 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. DPSB Quality Investments, LLC, San Bernardino County Superior Court Case No. CIVDS1610926 b>S City of Fontana, et al., v. State Board of Equalization (California Department of Tax and Fee Administration), et al., Alameda County Superior Court Case No. RG 14721676; California Court of Appeal, First Appellate District, Division 2, Case No. A147642; and Supreme Court of California, Case No. S246278 Briones, Hector, et al. v. City of San Bernardino, et al., USDC CIV10-7571 CBM (Opx) 1-0 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation - Pursuant to Governent Code /Section 54956.9(d)(4): r City v. Simplicio Gonzalez %' p City v. Gilberto Sosa -7 ,. D City v. John E. Townsend 1- 9 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/16/2018 Joint Regular Meeting Agenda March 21, 2018 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property Address: An approximately 18 -acre vacant site consisting of 74 parcels located at the southwest corner of East Highland and Arden Avenues (APNs 1191-021-01; 1191-021-11 to 69; 1191-041-17 to 22; and 1191-041- 25 to 32) City negotiator: Andrea M. Miller, City Manager Negotiating parties: To Be Determined,, Under negotiation: Price, terms of payment�� VOCATION AND PLEDGE OF ALLEGIANCE LOSED SESSION REPORT PRESENTATIONS Student of the Month - Domingo De Haro, Indian Springs High School - Council Member Virginia Marquez o ` o c" - Citizen of the Month - Sergio Luna - Council Memberj3enito Barrios 3. 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 Mavor please turn in individual sneaker slips to the Citv Clerk by 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to Dubliccomments a@sbcity.oEp 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 � (! ;✓ ,� C �2 f/2 /LSC _4/ 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. , -- Waive Full Reading of Resolutions and Ordinances Recommendation Waive full reading of resolutions and ordinances on the agenda dated March 21, 2018. Mayor and City Council of the City of San Bernardino Page 3 Printed 3/16/2018 Joint Regular Meeting Agenda March 21, 2018 15• City Council Approval of Commercial and Payroll Checks�113 7 -,�,- Recommendation: Approve the commercial and payroll checks for February 2018. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Special Meeting of March 5, 2018. Authorization to Acce the Home�Security Grant and 5xpenditures Recommendation: Adopt Resolution No. 2018-68, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the receipt, obligation, and /.-11-5 % expenditure of the FY2016 Homeland Security Grant Program, authorizing the City Manager to execute a Vendor Services Agreement with Vector USA, and authorizing the Director of Finance to amend the Adopted FY 2017/18 Budget and to issue a Purchase Order to Vector USA. Approval of a Resolution Supporting the Reducing Crime and Keeping California Safe Act of 2018 Recommendation: Adopt Resolution No. 2018-69, a Resolution of the Mayor and City Council of the City of San Bernardino, )V41%' California, supporting the Reducing Crime and Keeping California Safe Act of 2018. Issuance of a Purchase Order to Fairview Ford for the Purchase of Pre - Owned Vehicles for the Police Dept. Recommendation: Adopt Resolution No. 2018-70, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue : r a Purchase Order to Fairview Ford in the amount of V $88,000.00 for the purchase of four pre -owned V vehicles. Approval of Destruction of Certain Obsolete Records by the San Bernardino Police Department Recommendation: Adopt Resolution No. 2018-71, a Resolution of the Mayor and City Council of City of San Bernardino, California, approving the destruction of certain obsolete records by the San Bernardino Police Department. Mayor and City Council of the City of San Bernardino Page 4 Printed 3/16/2018 Joint Regular Meeting Agenda March 21, 2018 /1 Application for Beverage Container Recycling City/County Payment Program Recommendation: Adopt Resolution No. 2018-72, a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for payment programs for recycling beverage containers offered by CalRecycle and approving related authorizations. ,Al2. Application for CalRecycle Waste Tire Cleanup Grant Recommendation: Adopt Resolution No. 2018-73, a Resolution of the Mayor and City Council of City of San Bernardino, q13 -7 California, authorizing the submittal of an application for payment programs for waste tire cleanup offered by CalRecycle and approving related authorizations. 3. Summary Vacation of Sewer Easements South of Dumas Street West of Waterman Avenue Recommendation: Adopt Resolution No. 2018-74, a Resolution of the Mayor and City Council of the City of San Bernardino, _7 .o California, ordering the summary vacation of a portion of sewer pipeline easements south of Dumas Street and west of Waterman Avenue. 'f4. Mitigated Negative Declaration and a Mitigation Monitoring and Reporting g g g Program for the Widening of 40th Street between Johnson Street and Electric Avenue Recommendation: Adopt Resolution No. 2018-75, a Resolution of the Mayor and City Council of the City of San Bernardino, 3 _ p California, adopting a Mitigated Negative Declaration (MND), adopting a Mitigation Monitoring and Reporting Program (MMRP), and authorizing the Director of Community Development or designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the widening of 40th Street between Johnson Street and Electric Avenue (SSO4-014). Mayor and City Council of the City of San Bernardino Page 5 Printed 3/16/2018 Joint Regular Meeting Agenda March 21, 2018 Covenant and Agreement with Ridge San Bernardino ONE B2 Partners LLC for Acceptance of Drainage Waters Recommendation: Adopt Resolution No. 2018-76, a Resolution of the Mayor and City Council of the City of San Bernardino, t aworn,a, approving a covenant ana Agreement Tor Acceptance of Drainage Waters with Ridge San Bernardino ONE B2 Partners, LLC for a development project at Palm Avenue and Cajon Boulevard. 11,6. Purchase and Sale Agreement for North Side of East Cooley Avenue, West of South Tippecanoe Avenue Recommendation: V",-�? 7-D Adopt Resolution No. 2018-77, a Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino and HIP SoCal Properties, LLC with respect to the real property located on the north side of East Cooley Avenue, approximately 1,500 feet west of South Tippecanoe Avenue, San Bernardino, California (APNs 0281-031-51 and 0281-041-41), and approving certain related actions. J,7," Purchase and Sale Agreement for 207/207'/2 East 10th Street Recommendation: Adopt Resolution No. 2018-78, a Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City acting as the Successor Agency, Brother's Home Trading Corporation, and Raziuh Investments Corporation with respect to the real property located at 207/207 '/2 East 10th Street, San Bernardino, California (APN 0140-171-16), and approving certain related actions. Mayor and City Council of the City of San Bernardino Page 6 Printed 3/16/2018 Joint Regular Meeting Agenda March 21, 2018 ,18. Purchase and Sale Agreement for 693/695 W. Evans Street, San Bernardino, California (APN 0145-171-11) Recommendation: Adopt Resolution No. 2018-79, a Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Agency to the 3 Redevelopment Agency of the City of San Bernardino, California, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City acting as the Successor Agency, Brother's Home Trading Corporation, and Raziuh Investments Corporation with respect to the real property located at 693/695 West Evans Street, San Bernardino, California (APN 0145-171-11), and approving certain related actions. Purchase and Sale Agreement for 1348 Union Street Recommendation: 1. Adopt Resolution No. 2018-80, a Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving a Purchase and Sale Agreement between the Successor Agency and the City of San Bernardino, acting in the capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino with respect to the real property located at 1348 Union Street, San Bernardino, California (APN 0139-231-34), and approving certain related actions. 2. Adopt Resolution No. 2018-81, a Resolution of the Mayor and City Council of City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, California, approving a Purchase and Sale Agreement between the Successor Housing Agency and the Successor Agency to the Redevelopment Agency of the City of San Bernardino with respect to the real property located at 1348 Union Street, San Bernardino, California (APN 0139-231-34), and approving certain related actions. Mayor and City Council of the City of San Bernardino Page 7 Printed 3/16/2018 Joint Regular Meeting Agenda March 21, 2018 2 Contract with Willowbrook Landscape Inc., for Landscape Maintenance District Areas G and J Oe Recommendation: 1. Adopt Resolution No. 2018-82, a Resolution of the Mayor and City Council of City of San Bernardino, California, awarding a contract to Willowbrook Landscape, Inc. for the maintenance of landscaping in Assessment District Nos. 974, 975, 981, 986, 989, 1001, 1007, 1012, 1020, 1050, and 1048 (Additive No. 1) known as Area "G" in the amount of $107,052.50 with two optional one-year extensions. 2. Adopt Resolution No. 2018-83, a Resolution of the Mayor and City Council of City of San Bernardino, California, awarding a contract to Willowbrook Landscape, Inc. for the maintenance of landscaping in Assessment District Nos. 1022 Zone 1, 1022 Zone 2, 1022 Zone 3, 1063 (Additive No. 1), and 1068 (Additive No. 2) known as Area "J" in the amount of $69,635.00 with two optional one-year extensions. Contract with Inland Empire Landscape for Landscape Maintenance District Area I Recommendation: Adopt Resolution No. 2018-84, a Resolution of the 1 Mayor and City Council of City of San Bernardino, rr 3 7-0 California, awarding a contract to Inland Empire Landscape for the maintenance of landscaping in Assessment District No. 1024 (Area 1) in the amount of $8,402.44 with two optional one-year extensions. Reject all bids for LIVID Contract Area H Recommendation: 1. Adopt Resolution No. 2018-85, a Resolution of the Mayor and City Council of City of San Bernardino, l3 —� California, rejecting all bids for the maintenance of landscaping in Assessment District Nos. 956, 968, 1016, 1023, 1027, 1045, 1059, and 1038 (Additive No. 1), known as Area "H." 2. Adopt Resolution No. 2018-86, a Resolution of the Mayor and City Council of City of San Bernardino, California, authorizing the City Manager to execute Amendment No. 2 to the agreement for the maintenance of landscaping in various assessment districts, known as Area "H" with Willowbrook Landscape, Inc. Mayor and City Council of the City of San Bernardino Page 8 Printed 3/16/2018 Joint Regular Meeting Agenda March 21, 2018 ,23. HUD Envision Center Demonstration Commitment Letter Recommendation: Authorize the Mayor to sign a Commitment Letter supporting the Housing Authority of the County of San Bernardino and Hope through Housing Foundation G� with the creation of EnVision Centers at Arrowhead Grove and Maplewood Homes. 2 Contract with RP Landscape & Irrigation for Maintenance of Landscape and Irrigation Services at 31 City Owned Sites Recommendation: STAFF REPORT Adopt Resolution No. 2018-87, a Resolution of the Mayor and City Council of City of San Bernardino, California, awarding a contract to RP Landscape & Irrigation for the maintenance of landscape and irrigation services for 31 City -owned sites in the amount of $206,975.00 with two optional one-year extensions. 25. Amending Municipal Code Chapter 2.58 Related to the Conduct of Public Meetings and Establishing Reasonable Regulations for Public Comments, Testimony, and Procedural Rules for Quasi -Judicial Hearings Recommendation: 1. Introduce for first reading, Ordinance No. MC -1478 an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Municipal Code Chapter 2.58 related to the conduct of public meetings and quasi-judicial hearings. V4 2. Adopt Resolution No. 2018-88, a Resolution of the I� Mayor and City Council of the City of San :"� Bernardino, California, establishing procedural 03 rules for quasi-judicial hearings. 3. Adopt Resolution No. 2018-89, a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing reasonable regulations for public comments and testimony. Mayor and City Council of the City of San Bernardino Page 9 Printed 3/16/2018 Joint Regular Meeting Agenda PUBLIC HEARINGS March 21, 2018 26. Increase in the Maximum Permitted Service Rate for Integrated Solid Waste Collection, Processing and Disposal Services Recommendation: Conduct a Public Hearing pursuant to Proposition 218 (California Constitution Art. XIIID, § 6) on the proposed increase to the Maximum Permitted Service R ur ec Industries, Inc. and adopt f esolution No. 201E-9 Resolution of the Mayor ��1K and City ounce ity of San Bernardino, California, I declaring the result of the Proposition 218 protest count for the proposed adjustments to the maximum 2 9 permitted service rates for integrated solid waste collection, processing, disposal, and related services �J for a period of five years and approving the 5 -year 7° maximum permitted service rate schedule. 27. Development Code Amendment 17-07 and Development Permit 17-05 Recommendation: 1. Introduce for first reading, Ordinance No. MC - 1479, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting -'; the Categorical Exemption and approving development Code Amendment 17-07 to amend ` Chapter 19.19 (Main Street Overlay District) of the City of San Bernardino Development Code to add n Adaptive Reuse Overlay Y F�', an to allow for the �a"'`r f conversion of existing commercial and office 1 buildings to residential units within specified areas. 2. Adopt Resolution No. 2018-91, a Resolution of the Mayor and City Council of City of San Bernardino, U� California, adopting the Categorical Exemption and approving Development Permit Type -P 17-05 to allow the conversion of an existing commercial office building containing approximately 6,844 square feet to a residential apartment complex comprised of nine (9) dwelling units on two (2) parcels containing a total of approximately 0.32 acres located at 1595 North Arrowhead Avenue (APNs: 0146-131-01, and 02) within the Commercial Office Zone. 3. Schedule the second reading of the above ordinance to the regularly scheduled meeting of the Mayor and City Council on April 4, 2018. Mayor and City Council of the City of San Bernardino Page 10 Printed 3/16/2018 Joint Regular Meeting Agenda March 21, 2018 28. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 29. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 30. ANNOUNCEMENTS 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 will be held on Wednesday, April 4, 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. 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 March 21, 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, March 16, 2018. I declare under the penalty of perjury that the foregoing is true and correct. L% ! Georgeann "Gf9F Hanna, CIVIC, City Clerk / / LTJ/ �"� � (c��►..�.dt_ �Lf�'`r G�D�.t-2c l�cl_ 3 8v -h-d Aq-< , S6i t ik l,G / �, Pi & t 9 ' G1� 5. 4,n-1 :0 � a fi 1 � aolw� ' C91-. Mayor and City Council of the City of San Bernardino Page 11 Printed 3/16/2018 Joint Regular Meeting Agenda March 21, 2018 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 12 Printed 3/16/2018