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Home My WebLink About07-01-2013 Jt. Adj Reg Mtg C 17 C LE: R l� CITY OF SAN BERNARDINO AGENDA 7 FOR THE JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY M O N DAY, J U LY 1, 2013 1:00 PM—CLOSED SESSION 11:00 AM—OPEN SESSION COUNCIL CHAMBER • 300 NORTH I'D" STREET • SAN BERNARDINO,CA 92418 • WWW.SBCITY.ORG Virginia Marquez Patrick J. Morris Wendy J. McCammack COUNCIL I NII,I;R,WARD 1 11�AY'OI1 C:OUNC'II,MEMBER,IN MU) Robert D.Jenkins Allen J. Parker COUNCIL: EN11,I,R, t�'ARD2 1� CFFYMANA(, John Valdivia �� James F. Penman t:NCILll;l(Er;R IVIE" �i�/A CrIYAI'IVIt_�LS Fred Shorett Georgeann "Gigi" Hanna ('0L,NCIL MEMBER,WARD 4 Chas A. Kelley ,�~ David Kennedy COUNCIL MEMBER,WARD 5 �O " „ O 1FREAS1 Rikke Van Johnson Z CIr.Nzj-All>t OFD I� Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. • The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. 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. • All documents for public review are on file with the City Clerk's Office located on the 2nd floor of City Hall, 300 North T"Street,San Bernardino or may be accessed online bygoing to http://www.sbcity.org. • Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip.Speaker slips should be turned in to staff seated on the north side of the Council chambers. • Public comments for agenda items that are not public hearings will be limited to three minutes. • Public comments for items that are not on the agenda will be limited to 3 minutes. • All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. • Please turn off or muteyour cell phone while the meeting is in session. II f Joint Adjourned Regular Meeting Agenda July 1, 2013 I Call to Order Attendee Name Present Absent Late Arrived Mayor Patrick J. Morris ❑ ❑ ❑ Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ Council Member, Ward 2 Robert D. Jenkins ❑ ❑ ❑ Council Member, Ward 3 John Valdivia ❑ ❑ ❑ Council Member, Ward 4 Fred Shorett ❑ ❑ ❑ Council Member, Ward 5 Chas A. Kelley ❑ ❑ ❑ Council Member, Ward 6 Rikke Van Johnson ❑ ❑ ❑ Council Member, Ward 7 Wendy J. McCammack ❑ ❑ ❑ City Attorney James F. Penman _ ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ City Manager Allen J. Parker ❑ ❑ ❑ 1. 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 Common Council and the Mayor and Common 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. Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006- MJ; Katrina Diane Menell v. Carousel Mall, LLC, a California Limited Liability Company, et al. -San Bernardino Superior Court, Case No. CIVDS 1306556 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Mayor and Common Council of the City of San Bernardino Page 2 Printed 612712013 i Joint Adjourned Regular Meeting Agenda July 1, 2013 2. APPOINTMENTS 2A. Mayor's Office Appointment of Kyle Knabe to the Parks and Recreation Commission - Mayor Patrick J. Morris (#2552) [Ward(s): All] Motion: Approve the appointment of Kyle Knabe to the Parks and Recreation Commission as requested by Mayor Patrick J. Morris 2B. Mayor's Office Appointment of Robert Hampton to the Board of Police Commissioners - Council Member Rikke Van Johnson(#2584) [Ward(s): 61 Motion: Approve the appointment of Robert Hampton to the Board of Police Commissioners as requested by Council Member Rikke Van Johnson. 3. PRESENTATIONS 3A. Healthy San Bernardino Coalition 4. ANNOUNCEMENTS --ELECTED OFFICIALS & CHAMBER OF COMMERCE 5. CONSENT CALENDAR All Consent Calendar items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances (#2560) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances. 5B. City Clerk Council Minutes - May 1, 2013; May 6, 2013; and May 20, 2013 (#2509) [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council meetings of May 1, 2013, May 6, 2013 and May 20, 2013, as submitted. Mayor and Common Council of the City of San Bernardino Page 3 Printed 6/27/2013 i S Joint Adjourned Regular Meeting Agenda July 1, 2013 5C. Civil Service Personnel Actions - Classified(#2545) [Ward(s): All] Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. 5D. Human Resources Job Description Revisions: HAZMAT Technician, Integrated Waste Operator(Flex)/Senior Integrated Waste Operator, Code Enforcement Division Manager (U), Senior Code Enforcement Officer, Property Evidence and Supply Supervisor (Recommended for Approval by the Personnel Committee) (#2566) [Ward(s): All] Motion: Approve job descriptions as proposed. 5E. Human Resources Personnel Actions -Unclassified(#2207) [Ward(s): All] Motion: Approve the unclassified personnel actions, as submitted by Human Resources, in accordance with City policies and procedures. 5F. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the City of San Bernardino Fire Management Association's Unit Modification Petition to Expand Its Representation to Include the Position of Deputy Fire Chief (P-6). (#2498) [Ward(s): All] Motion: Adopt the Resolution. 5G. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the City of San Bernardino Police Management Association's Unit Modification Petition to Expand Its Representation to Include the Position of Assistant Police Chief (P-6). (#2541) [Ward(s): All] Motion: Adopt the Resolution. 5H. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Three Year Agreement and Purchase Order to ESRI for a Three Year ArcGIS Enterprise License Agreement. (#2537) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 612712013 Joint Adjourned Regular Meeting Agenda July 1, 2013 51. Police Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution #2013-3 Increasing the Total Grant Budget for the 2013-2014 Selective Traffic Enforcement Program(STEP) Grant from the State of California Office of Traffic Safety (OTS)to the Amount of$256,942. (#2539) [Ward(s): All] Motion: Adopt the Resolution. 5J. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to San Manuel Policing District Services Agreement Between the City of San Bernardino and the San Manuel Band of Mission Indians. (#2553) [Ward(s): 41 Motion: Adopt the Resolution. 5K. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Amendment to the Contract and Extension to Contract Purchase Order No. 2013-00000106 for Four Months in the Amount of$15,000 to Hrem, Inc., Pursuant to Section 3.04.010 B-3 of the Municipal Code for the Fabrication and Repair of Refuse Truck Bodies, Floors and Street Sweepers in Fy 2013/14. (#2557) [Ward(s): All] Motion: Adopt the Resolution. 5L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Amendment to the Star Auto Parts Vendor Service Agreement, Extending the Agreement by Four Months to October 31, 2013, and Increasing Purchase Order No. 2013-00000101 by $27,500 for the Purchase of Automotive Parts and Supplies in Fy 2013/14, Pursuant to Section 3.04.010 B-3 of the Municipal Code. (#2550) [Ward(s): All] Motion: Adopt the Resolution. 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Amendment to the Vendor Service Agreement with Fleet Pride Extending the Agreement by Four Months to October 31, 2013, and Increasing Purchase Order No. 2013-00000105 by $30,000 for the Purchase of Various Related Parts and Supplies in Fy 2013/14, Pursuant to Section 3.04.010 B-3 of the Municipal Code. (#2554) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 6/27/2013 Joint Adjourned Regular Meeting Agenda July 1, 2013 5N. Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 1473 Lynwood Way, San Bernardino, California. (#2543) [Ward(s): 7] Motion: Adopt the Resolution. 50. Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2652 West Via San Carlos, San Bernardino, California. (#2542) [Ward(s): 31 Motion: Adopt the Resolution. 5P. Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2764 North G Street, San Bernardino, California. (#2544) [Ward(s): 7] Motion: Adopt the Resolution. 6. CONTINUED ITEMS TO BE HEARD AT 11 A.M. 6A. City Attorney Urgency Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.60.095 Regarding Regulatory Fees for the Sale of Fireworks. (URGENCY) (#2579) [Ward(s): All] Motion: Adopt Urgency Ordinance. 6B. City Attorney Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.60.095 Regarding Regulatory Fees for the Sale of Fireworks. (FIRST READING) (#2580) [Ward(s): All] Motion: Lay over Ordinance for final adoption. Mayor and Common Council of the City of San Bernardino Page 6 Printed 612712013 Joint Adjourned Regular Meeting Agenda July 1, 2013 6C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Setting the 2013 Regulatory Fee for the Sale of Fireworks. (At Meeting of June 17, 2013, Item Continued to July 1, 2013) (#2526) [Ward(s): All] Motion: Adopt the Resolution. 7. CONTINUED ITEMS 7A. Finance Resolution of the Mayor and Common Council of the City of San Bernardino, Acting as Successor Agency to the Redevelopment Agency of San Bernardino, Authorizing the Execution of a Third Amendment to the Consultant Services Agreement Between the City of San Bernardino, Acting as Successor Agency to the Redevelopment Agency of San Bernardino, and Rogers, Anderson, Malody & Scott, LLP for Economic Development Agency / Successor Agency Audit Services. (At Meeting of June 3, Item Continued to July 1, 2013.) (#2346) [Ward(s): All] Motion: To table. 8. STAFF REPORTS 8A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a First Amendment to the Master Services Memorandum of Understanding with the Water Department for Provision of City Services For Fiscal Year 2013/2014. (#2582) [Ward(s): All] Motion: Adopt the Resolution. 811. Police Formal Update on Code Enforcement Transition by Chief of Police Robert Handy (#2574) [Ward(s): All] Motion: Receive and file. Mayor and Common Council of the City of San Bernardino Page 7 Printed 6/27/2013 Joint Adjourned Regular Meeting Agenda July 1, 2013 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 9A. City Manager I Resolution of the Mayor and Common Council of the City of San Bernardino Approving $100,000 in Community Development Block Grant Funds (CDBG) for the Single Family Beautification Loan/Grant Program Implementation Agreement with Inland Housing Development Corporation, Inc. (IHDC) and Authorize the City Manager to Execute the y g Agreement. (#2571) [Ward(s): All] Motion: Adopt the Resolution. 9B. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving $50,000 in Community Development Block Grant Fund (CDBG) the Elderly/ Special Needs Minor Repair Grant Program Implementation Agreement with the Oldtimers Foundation, Inc., City-Wide and Authorize the City Manager to Execute the Agreement. (#2572) [Ward(s): All] Motion: Adopt the Resolution. 9C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving $880,000 in Home Funds for the Homebuyer Assistance ($800,000) and Homebuyer Education Services Program ($80,000); and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire for the Implementation of the Homebuyer Education Services Program. (#2569) [Ward(s): All] Motion: Adopt the Resolution. 9D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Inland Housing Development Corporation, Inc., for the Implementation of the Single Family Housing Rehabilitation Program for the Area West of the 215 Freeway in the Amount of $700,000 in Home Investment Partnership Act Funds. (#2568) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 6/27/2013 Joint Adjourned Regular Meeting Agenda July 1, 2013 9E. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire for the Implementation of the Mobile Home Grant Repair Program in the Amount of$80,000 in Home Partnership Act Funds. (#2570) [Ward(s): All] Motion: Adopt the Resolution. 9F. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire, Inc., to Implement the Single Family Housing Rehabilitation Program for the Area East of the 215 Freeway in the Amount of $700,000 in Home Investment Partnership Act Funds. (#2567) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 6/27/20/3 Joint Adjourned Regular Meeting Agenda July 1, 2013 9G. Mayor's Office Initiate Process for the Acceptance of Assets of the San Bernardino Economic Development Corporation, as Ordered by the State Controller's Office Final Asset Transfer Review Report Dated March 6, 2013. (At Meeting of March 14, 2013, Item Continued to March 18, 2013; Item Continued to April 1, 2013; Item Continued to May 6, 2013; Item Continued to July 1, 2013) (#2328) [Ward(s): All] Motion: That the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino ("Successor Agency"), direct the City Manager, working with the City Attorney, to bring back the appropriate resolution(s) and documentation to accomplish the following: (1) accept the assets of the San Bernardino Economic Development Corporation ("SBEDC") proposed to be transferred by the SBEDC to the Successor Agency, as ordered by the State Controller's Office Final Asset Transfer Review Report dated March 6, 2013 (SBEDC Assets); (2) that acceptance of the SBEDC Assets be subject to a prior complete inventory and review of the SBEDC Assets, and that acceptance of the SBEDC Assets include acceptance by the Successor Agency of any and all outstanding liabilities, conditions, encumbrances, or other claims recorded upon, associated with, or otherwise arising from or related to the SBEDC Assets; (3) that acceptance of the SBEDC Assets be done under protest and with a reservation of any and all rights to assert, claim, and defend the validity and legality of the initial transfer of the SBEDC Assets from the former Redevelopment Agency of the City of San Bernardino to the SBEDC; and (4) that acceptance of the SBEDC Assets include the Successor Agency's acknowledgement and acceptance of all liability associated with the transfer of the SBEDC Assets, including indemnifying, defending, and holding harmless the SBEDC Board of Directors for any actions, claims or liability arising out or connected with SBEDC's ownership and transfer of the SBEDC Assets. 10. ADDED STAFF REPORT 10A. City Manazer Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Appoint an Ad Hoc Audit Committee Made Up of Elected Officials. (#2583) [Ward(s): All] Motion: Adopt the Resolution. 11. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Mayor and Common Council of the City of San Bernardino Page 10 Printed 612712013 Joint Adjourned Regular Meeting Agenda July 1, 2013 x 12. ADJOURNMENT NOTE: The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m.,Monday, July 15, 2013, in the Council Chamber of City Hall, 300 North"D" Street, San Bernardino, California. NOTICE: Any member of the public may address this meeting of the Mayor and Common Council and the Mayor and Common 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 Common Council and the Mayor and Common 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 Common Council and the Mayor and Common 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 sixty (60) minutes, unless such time limit is extended by the Mayor and Common Council and the Mayor and Common 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 Common Council and the Mayor and Common 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 Common Council and the Mayor and Common 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 Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and Common Council and the Mayor and Common 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 Common Council of the City of San Bernardino Page 11 Printed 612712013