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Home My WebLink About11-03-2014 Jt. Reg Mtg Agenda CITY OF SAN BERIN _. CITY CLERK AGENDA FOR THE .JOINT 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 MONDAY, NOVEMBER 3, 2014 2:00 PM — CLOSED SESSION 4:00 PM — OPEN SESSION COUNCIL CHAMBER • 300 NORTH „D„ STREET • SAN BERNARDINO, CA 92418 • WWW.SBCITY.ORG Virginia Marquez R. Carey Davis James L. Mulvihill COUNCIL MEMBER,WARD 1 MAYOR COUNCIL MEMBER,WARD 7 Benito Barrios �jARDl�} Allen J. Parker COUNCIL MEMBER,WARD 2 John Valdivia G� Gary D. Saenz COUNCIL MEMBER,WARD 3 0 r` Q Georgeann "Gigi" Fred Shorett ,� ih Hanna COUNCIL MEMBER,WARD 4 CITY CLERK Henry Nickel •� David Kennedy COUNCIL MEMBER,WARD 5 Ojr 1O CITY TREASURER Rikke Johnson 'N` !L MFA"- ° WARD 9 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 `D"Street, San Bernardino or may be accessed online by going 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 Chamber. • 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 three 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 mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda November 3, 2014 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez Council Member, Ward 2 Benito J. Barrios Council Member, Ward 3 John Valdivia Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Henry Nickel Council Member, Ward 6 Rikke Johnson Council Member, Ward 7 James Mulvihill Mayor R. Carey Davis City Clerk Georgeann "Gigi" Hanna City Manager Allen Parker City Attorney Gary D. Saenz 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) and (d)(1): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk- 28006 MJ; City of Fontana, et al. v. State Board of Equalization, et al. - Alameda Superior Court, Case No. RG 14721676. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): Spring Trails Annexation One item C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). City of Blue Mountain Homes City v. Ramos City v. Schoenfeld City v. Forscom City v. Washington; Styles Mayor and Common Council of the City of San Bernardino Page 2 Printed 1012912014 Joint Regular Meeting Agenda November 3, 2014 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. 2. APPOINTMENTS 3. PRESENTATIONS 3A. Ninth Street Park KaBOOM! Build -- PowerPoint Presentation by Mickey Valdivia, Director of Parks, Recreation & Community Services 4. ANNOUNCEMENTS -- CHAMBER OF COMMERCE & ELECTED OFFICIALS 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 (#3537) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated November 3, 2014. 5B. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the San Bernardino Redevelopment Agency Approving the Second Amendment to the Professional Services Agreement with James P. Morris. (#3548) [Ward(s): All] (Back-up for this item begins on page 10) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 3 Printed 1012912014 Joint Regular Meeting Agenda November 3, 2014 5C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Amending the 2014-2015 Community Development Block Grant Budget (Fund 119) to Reflect the Amounts Approved by the Mayor and Common Council on April 21, 2014 in the 2014-2015 Action Plan. (#3533) [Ward(s): All] (Back-up for this item begins on page 17) Motion: Adopt the Resolution. 5D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Amending the 2014-2015 Emergency Solutions Grant Budget (Fund 116) to Reflect the Amounts Approved by the Mayor and Common Council on April 21, 2014 in the 2014-2015 Action Plan. (#3532) [Ward(s): All] (Back-up for this item begins on page 25) Motion: Adopt the Resolution. 5E. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) for the Lease of City Owned Property at Wildwood Park; and Authorizing and Directing the Mayor to Execute an Easement for Electric Utility Purposes to Southern California Edison Company. (#2651) [Ward(s): 4] (Back-up for this item begins on page 32) Motion: Adopt the Resolution. 5F. Civil Service Personnel Actions - Classified (#3458) [Ward(s): All] (Back-up for this item begins on page 77) 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. 5G. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Consultant Services Agreement with Eco Tierra Consulting, Inc. to Prepare a Comprehensive Development Code Update. (#3530) [Ward(s): All] (Back-up for this item begins on page 83) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 1012912014 Joint Regular Meeting Agenda November 3, 2014 5H. Finance Approval of Commercial Checks and Payroll Checks (#3531) [Ward(s): All] (Back-up for this item begins on page 156) Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 51. Library Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Director of Finance to Amend the FY 2014-15 Budget by Allocating Previously Unallocated Verizon E-Rate Revenue of$10,000 to Account 105-470-0001-5181 — Library Administration Other Operating Expenses. (#3543) [Ward(s): N/A] (Back-up for this item begins on page 159) Motion: Adopt the Resolution. 5J. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Enter into Negotiations with Mercy House Living Centers of Santa Ana for the Operation of the Service Access Center; Allocating $200,000 of HUD-ESG Funds to Mercy House Living Centers; and Designating City-Owned Property at 241 E. 9Th Street for Use as the Central Drop-In/Service Access Center. (#3558) [Ward(s): All] (Back-up for this item begins on page 162) Motion: Adopt the Resolution. 5K. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Co-Application for Federal EDA Grant Funds with Loma Linda University Health for the Gateway Health Training Campus. (#3559) [Ward(s): All] (Back-up for this item begins on page 177) Motion: Adopt the Resolution. 5L. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Contract Employment Agreement Between the City of San Bernardino and Brian Turnbull for Capital Improvement Project Management Services. (At Meeting of October 6, 2014, Item Continued to November 3, 2014) (#3485) [Ward(s): All] (Back-up for this item begins on page 184) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 1012912014 Joint Regular Meeting Agenda November 3, 2014 5M. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Transfer of $25,000 from the Shelter Improvement Deposit Account 772-2357 to Animal Control Revenue Account 124-210-0000*4690 and Amending the FY2014/2015 Budget for Shelter Repairs and Improvements. (#3521) [Ward(s): All] (Back-up for this item begins on page 207) Motion: Adopt the Resolution. 5N. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Upgrades to the City's Public Safety Answering Point (PSAP) 911 Telephone System and Supporting Equipment. (#3400) [Ward(s): All] (Back-up for this item begins on page 211) Motion: Adopt the Resolution. 50. Treasurer's Office Treasurer's Office Portfolio Report for the Month of September 2014 (#3545) [Ward(s): All] (Back-up for this item begins on page 230) Motion: Receive and file. 6. STAFF REPORTS 6A. City Clerk Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 2.30.020 of the San Bernardino Municipal Code Regarding the Fine Arts Commission. (FIRST READING) (#3562) [Ward(s): All] (Back-up for this item begins on page 270) Motion: Lay over Ordinance for final adoption. 6B. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Enter into Negotiations with Time for Change Foundation for Construction of the "Phoenix Village" Affordable Housing Project Using Home Investment Partnership Funds. (#3539) [Ward(s): All] (Back-up for this item begins on page 277) Motion 1: Adopt the Resolution awarding a contract to Time for Change foundation for the proposed affordable housing project. OR Mayor and Common Council of the City of San Bernardino Page 6 Printed 1012912014 Joint Regular Meeting Agenda November 3, 2014 Motion 2: Continue the item for potential inclusion in the City's overall Economic Development Strategy. 6C. Community Development Resolution of the City of San Bernardino Making Application to the Local Agency Formation Commission for San Bernardino County for the Reorganization to Include Annexation of 379.2 Acres to the City of San Bernardino and Detachment from the San Bernardino County Fire Protection District, Its Valley Service Zone and County Service Area 70 of Unincorporated Territory Located in the Unincorporated Area of Verdemont in the Foothills of the San Bernardino Mountains, North of Meyers Road and Northwest of the Northerly Terminus of Little League Drive (APNs 0348-071-05, -06, -07, -09 & -10; 0348-101-50; 0348- 111-03, -04, -07, -08, -09, -30, -36 & -47 through -50). (At Meeting of October 6, 2014, Item Continued to October 20, 2014, Item Continued to November 3, 2014) (#3442) [Ward(s): 5] (Back-up for this item begins on page 489) Motion: Adopt the Resolution. 6D. Police An Ordinance of the City of San Bernardino Adding San Bernardino Municipal Code Section 10.16.290 Requiring a Private Property Vehicle Impound Report and Fee (FIRST READING); and Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a Private Property Tow Fee Pursuant to San Bernardino Municipal Code Section 10.16.290. (#3494) [Ward(s): All] (Back-up for this item begins on page 566) Motion: Adopt the Resolution; and lay over Ordinance for final adoption. 7. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA -- TO BE HEARD AT 6:30 P.M. 8. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 9. ADJOURNMENT 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, November 17, 2014, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Mayor and Common Council of the City of San Bernardino Page 7 Printed 1012912014 Joint Regular Meeting Agenda November 3, 2014 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 8 Printed 1012912014