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HomeMy WebLinkAboutcity clerk notesCITY OF SAN BERNARDINO ✓�� UPDATED 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, MAY 1, 2019 5:30 PM - CLOSED SESSION 7:00 PM - OPEN SESSION COUNCIL CHAMBER ■ 201 NORTH E STREET ■ SAN BERNARDINO, CA 92401 ■ wwwsi3CnY_ Theodore Sanchez !� ,,� �j' 30 John Valdivia James Mulvihill a,�a� COUNCIL MEMBER, WARD 1 Sandra Ibarra COUNCIL MEMBER, WARD 2 Vacant COUNCIL MEMBER, WARD 3 Fred Shorett L--� COUNCIL MEMBER, WARD 4 Henry Nickel k --'— COUNCIL MEMBER, WARD 5 Bessine L. Richard i, "* COUNCIL MEMBER, WARD 6 MAYOR COUNCIL MEMBER, WARD 7 Teri Ledoux , ACTING CITY MANAGER Gary D. Saenz L-- CITY CITY ATTORNEY Georgeann "Gigi" Hanna CITY CLERK David Kennedy CITY TREASURER 7 - 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 sbcif .org prior to 5:30 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 public or 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 ;gra w sbcity o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda May 1, 2019 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez ❑ ❑ ❑ Council Member, Ward 2 Sandra Ibarra ❑ f _❑ Council Member, Ward 3 Vacant ❑ _ : ❑ ❑ {_ 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 John Valdivia ❑ _- _0 _ ❑ City Clerk Georgeann "Gigi" Hanna ❑ 0 - - ❑__ _ i City Attorney Gary D. Saenz ❑ _ __ _ ❑ ❑ Acting City Manager Teri Ledoux ❑ i ❑ ❑ 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)): People of the State of California, et al. v. MJ Dispensary, Inc., et al., CIVDS1516186 ii. Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, Los Angeles County Superior Court Case No. BC465755 iii. Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County Superior Court Case No. 468955 B. CONFERENCE WITH Significant exposure to 54956.9(d)(4)): One case LEGAL COUNSEL — ANTICIPATED LITIGATION litigation (Pursuant to Government Code Section C. PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section 54957(b)(1)): City Manager Mayor and City Council of the City of San Bernardino Page 2 Printed 4/26/2099 Joint Regular Meeting Agenda May 1, 2019 D. PUBLIC EMPLOYEE DISMISSAL (Pursuant to Government Code Section 54957(b)(1)): City Manager E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8): Property: A portion of the surface parking lot area of the former Carousel Mall property, generally located between West 4th Street on the north, North "G" Street on the west, West 2nd Street on south and North "E" Street on the east. (APNs 0134-221-31 & 45) Negotiators: Teri Ledoux, Acting City Manager, and Jack Cooper Logistics, LLC Under Negotiation: Price and Terms of Lease INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT - & ` PRESENTATIONS Chamber of Commerce & Local Elected Officials Announcements Issuance of Proclamations: • 50th Anniversary of Municipal Clerks Week (May 5-11, 2019) and Presentation of Master Municipal Clerk Designations - Gigi Hanna, John Paul Maier, and Candice Alvarez • Building and Safety Month - Michael Huntley APPOINTMENTS 3. Water Board Appointment Recommendation: Approve the re -appointment of Cecilia (Toni) A. Callicott to the Water Board for another term of service beginning on Monday, May 13, 2019 at 12:00 p.m. and ending on May 12, 2025 at 11:59 a.m. 4. Parks, Recreation and Community Services Commission Appointment Recommendation: Approve the appointment of Danielle A. Jones to the Parks, Recreation and Community Services Commission. Mayor and City Council of the City of San Bernardino Page 3 Printed 4/26/2019 Joint Regular Meeting Agenda May 1, 2019 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE 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. 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 p.m. the day of the meeting. If you wish, you may email your speaking request to Duouccurnments(a)_sbcity.or_g► prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to to- speak. F,y�,,,, ,,, � CONSENT CALENDAR � _ _ 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. T Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated May 1, 2019. 6.o City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for March/April 2019. City Council Approval of Draft Minutes Recommendation: Approve the minutes of the Mayor and City Council Regular Meeting of February 6, 2019 and Special Meetings of February 6, 2019 and February 11, 2019. Inland Valley Development Agency (IVDA) Facility Use and License Agreement Recommendation: 2i4 Adopt Resolution No. 2019-67 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement between the City and the Inland Valley D velopment Agency (IVDA) to provide meeting /L,L6 Ss ace for regular and special Council meetings. Mayor and City Council of the City of San Bernardino Page 4 Printed 4/26/2019 Joint Regular Meeting Agenda May 1, 2019 Intention to Conduct a Public Hearing to Consider the Vacation of a Portion of "I" Street, Broadway Street and Main Street, south of 3rd Street and the Reservation of Utility Easements Therein Recommendation: Adopt Resolution No. 2019-56 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to consider the vacation of a portion of "I" Street, f�,•� Broadway Street and Main Street, for Plan No. 13218 and the utility easements therein. First Amendment to Infrastructure Improvement Agreement with the San Manuel Band of Mission Indians for Victoria Avenue Improvements Recommendation: Adopt Resolution No. 2019-57 of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to Infrastructure Improvement Agreement with the San Manuel Band of Mission Indians (SMBMI) for Victoria Avenue Improvements and authorizing the City Manager to execute the Amendment. ,1'(. Claim to SBCTA for Reimbursement of TDA Article 3 Funds for Delineation of Class II Bike Lanes along "G" Street and Rialto Avenue and Authorizing the City Manager to Execute the Claim Recommendation: Adopt Resolution No. 2019-58 of the Mayor and City Council of the City of San Bernardino, California, approving submittal of a claim to the San Bernardino County Transportation Authority (SBCTA) for reimbursement of TDA Article 3 funds for delineation of Class II Bike Lanes along "G" Street from Inland Center Drive to Rialto Avenue and along Rialto ;L L j Avenue between "G" Street and "E" Street; and �;�,� ✓-� authorize the City Manager to execute the claim form. ki 12 Award of As Needed On -Call Traffic Engineering Consultant Services Agreements Recommendation: Adopt Resolution No. 2019-59 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Consultant Services { Agreements with Advantec Consulting Engineers, ` Infrastructure Engineers and KOA Corporation for as needed on-call traffic engineering services. (9) Mayor and City Council of the City of San Bernardino Page 5 Printed 4/26/2019 Joint Regular Meeting Agenda May 1, 2019 13. Award of Construction Contract to White Head Construction for Storm Drain Repair at Various Locations Recommendation: Adopt Resolution No. 2019-60 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract to White Head Construction in the amount of $280,710 for storm drain repair at various locations; authorize the City Manager to execute the construction contingency in the amount of $29,290; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 14J Amendment Number Two to Agreement with HdL for the Cannabis Management Program Recommendation: Adopt Resolution No. 2019-62 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number Two to the Consulting Services Agreement with Hinderliter, de Llamas and Associates (HdL) to: 1. Increase the total amount of the contract to a total amount not to exceed $764,613.50 and an annual / amount not to exceed $149,600; OLk ? _yam h - in r Ay� 2. Add additional services to include on-site business compliance inspections, annual financial audits, and technical assistance and subject matter 4 expertise; and 3. Extend the term of the agreement to May 31, 2022 for the Commercial Cannabis Management Program and include two (2) one year extensions. `1 1 lCity of San Bernardino, Adopting a List of Projects for FY 2019/20 Funded by SB 1 - The Road Repair and Accountability Act of 2017 Recommendation: Adopt Resolution No. 2019-63 of the Mayor and City Council of the City of San Bernardino, California, / adopting a list of projects for FY 2019/20 funded by SB 1 - The Road Repair and Accountability Act of 2017 - Mayor and City Council of the City of San Bernardino Page 6 Printed 4/26/2099 Joint Regular Meeting Agenda May 1, 2019 &,*C Amendment No. 1 to Professional Services Agreement Between the City of San Bernardino and Annie Clark Recommendation: Authorize the execution of Amendment No. 1 to Professional Services Agreement for accounting consultant services and authorize the City Manager or designee to take any further actions as necessary to effectuate the agreement. /T7. Purchase and Sale Agreement with Felipe Del Real Soto, Ruben Castaneda Calderon and Maribel Felix with Respect to a Parcel of Real Property located on N. Harris Street (APN 0144-131-21) — Successor Agency Action Recommendation: Approve a Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Felipe Del Real Soto, Ruben Castaneda Calderon and Maribel Felix with respect to a parcel of real property located at N. Harris Street, San Bernardino, California (APN 0144-131-21), and authorize the Acting City Manager to execute the Agreement. ,,1'8. Agreement with Bio-Tox Laboratories, Inc., for Toxicology Services Recommendation: Adopt Resolution No. 2019-65 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement between the City of San Bernardino and Bio-Tox Laboratories, Inc. Authorize Budget Amendment and Purchase Order Increase for Parking Citation Processing Fees Recommendation: Adopt Resolution No. 2019-66 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the Adopted FY2018/19 Budget by an amount equal to 35% of the amount collected through the Parking Citation Intercept Program and to increase the Purchase Order to Phoenix Group Information Systems. 20. 41'al Reading — Ordinance No. 1516; Chapter 2.02 Relating to City Manager Recommendation: Adopt Ordinance No. MC -1516 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.02 of the San Bernardino Municipal Code relating to the City Manager. Mayor and City Council of the City of San Bernardino Page 7 Printed 4/26/2019 Joint Regular Meeting Agenda May 1, 2019 21. November 2018, January, February and March 2019 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in March and April 2019. STAFF REPORTS !--_ National League of Cities Conference Update — March 10-13, 2019 Recommendation: Receive an oral report by Mayor Valdivia. Transportation, Communication & Public Works Policy Committee Update — March 29, 2019 Recommendation: Receive an oral report by Mayor Valdivia. Water Education for Latino Leaders (WELL) 7th Annual Conference Update March 28-29, 2019 Recommendation: Receive an oral report by Council Member Sandra Ibarra. 25. Adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing Regulations in Sidewalk Vending — Recommendation: Introduce Ordinance No. MC -1517 of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 5.30 to Title 5 of the San Bernardino �.G Municipal Code imposing regulations in sidewalk 3vending. lea Y 26. Oral Crime Report and Introduction of Area Commanders �-- Recommendation: Receive a crime report and introduce Area / Commanders. 27. Transfer the Sturges Center for the Fine Arts to the San Bernardino City Unified School District and Retention of the California Theatre of the �© Q �•�'c Performing Arts by the City of San Bernardino Recommenalaton: Approve the following Agreements and authorize the . ,nr Acting City Manager to execute each one: I 1. Purchase and Sale Agreement and Joint Escrow Instructions with the San Bernardino City Unified t •' School District to transfer the Sturges Center for the Fine Arts to the District for governmental use f at no cost; ��- Mayor and City Council of the City of San Bernardino Page 8 0 -- rinted 4/26/2019 Joint Regular Meeting _ Agenda May 1, 2019 2. Possession and Occupancy Agreement with the San Bernardino City Unified School District providing the District immediate possession and access to the Sturges Center for the Fine Arts; and 3. Compensation Agreement with the affected taxing entities entitled to a share of the pass-through payments and distributions of property taxes with respect to the redevelopment project areas of the former Redevelopment Agency of the City of San Bernardino consenting to the transfer of the Sturges Center of the Fine Arts to the District and the California Theatre of the Performing Arts to the City for governmental use to provide for their continued use for public performing and cultural arts purposes, subject to receiving the Properties at no cost without compensation to the taxing entities. PUBLIC HEARINGS 28. Modification of Underground Utility District No. 20 along 40th Street between Kendall Drive and Palm Drive Recommendation: 1. Conduct a Public Hearing regarding the modification of Underground Utility District No. 20 along 40th Street between Kendall Drive and Palm ` Drive; and 04a"_ 2. Adopt Resolution No. 2019-61 of the Mayor and City Council of the City of San Bernardino, California, approving the modification of Underground Utility District No. 20 along 40th Street between Kendall Drive and Palm Drive. 29. Draft Fiscal Year 2019/20 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs Recommendation: 1. Conduct a public hearing on the draft Fiscal Year 2019/20 Annual Action Plan associated with the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and f , related grant funding; and Mayor and City Council of the City of San Bernardino Page 9 Printed 4/26/2099 Joint Regular Meeting Agenda May 1, 2019 2. Adopt the draft Fiscal Year 2019/20 Annual Action Plan 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 designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the Draft HUD Fiscal Year 2019/20 Annual Action Plan and certification to HUD. MATTERS OF COUNCIL INTEREST 30. Matters of Council Interest Follow -Up Report 1. Analysis on expanding a security camera program 2. Reactivating the Cannabis Committee, Citizen Advisory Committee and ensure that the Charter Committee is still meeting 3. Support for the 2020 U.S. Census 4. Discussion on bringing the City Clerk back to Closed Session 0 5. Food truck regulations 6. Censure Policy for Elected Officials ITEMS ADDED AFTER POSTING OF THE AGENDA 0= J ADJOURNMENT ,��Lu°►r-''�v�� �L ,11, 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, May 15, 2019 in the Council Chamber located at 201 North "E" Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Georgeann "Gigi" Hanna, MMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the May 1, 2019 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 at 201 North "E" Street, San Bernardino, California, at the San Bernardino Public Library, and on the City's website www.ci.san-bernardino.ca.us on Friday, April 26, 2019. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann "Gigi" Hanna, MMC, City Clerk Mayor and City Council of the City of San Bernardino Page 10 Printed 4/26/2019 Joint Regular Meeting Agenda May 1, 2019 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 4/26/2019 kA,,l may TI