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Home My WebLink About11-17-2014 Jt. Reg Mtg Agenda CITY OF SAN BER1 .. ,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 17, 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 vOUNCIL MEMBER,WARD 1 Benito Barrios j Allen J. Parker COUNCIL iVIEMBER,WARD 2 � �O John Valdivia Gary D. Saenz COUNCIL MEMBER,WARD 3 Q Fred Shorett 0 Georgeann "Gigi" Hanna 3OUNCiL MEMBER,WARD 4 Henry Nickel � � ' 1 .b David Kennedy COUNCIL MEMBER,WARD 5 Rikke Johnson yy 7NCII. MEMBER,WARD E 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 2„d 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 17, 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. (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 MJ Dispensary, Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1415372 Green Haven Collective v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1415620 Real Kind Meds v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1415619 Donald Sipple, et al. v. City of Alameda, et al., Los Angeles Superior Court Case No. BC 462270 Samir Riad v. City Council, San Bernardino Superior Court Case No. CIVDS1405220 Los Angeles Engineering, Inc. v. San Bernardino Economic Development Corporation, San Bernardino Superior Court Case No. CIVDS 1210197 Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/13/2014 Joint Regular Meeting Agenda November 17, 2014 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation - Government Code Section 54956.9(d)(2).. (C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation - Pursuant to Government Code Section 54956.9(d)(4): City v. Fyad Enterprises, Inc. (D) 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 NEGOTIATION - Pursuant to Government Code Section 54956.8: 2. APPOINTMENTS 3. PRESENTATIONS 3A. Student of the Month -- Patrick Williams — San Andreas High School -- Council Member Shorett 3B. KaBOOM! Build at 9th Street Park -- Mickey Valdivia 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 (#3547) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated November 17, 2014. Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/13/2014 Joint Regular Meeting Agenda November 17, 2014 5B. 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. (FINAL READING) (#3562) [Ward(s): All] Motion: Adopt the Ordinance. 5C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement Between the City of San Bernardino and Revenue and Cost Specialists, LLC for a Cost Allocation Plan and User Fee Study. (#3523) [Ward(s): All] Motion: Adopt the Resolution. 5D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Correcting the City Manager's 2014-2015 Neighborhood Stabilization Program Budget (Funds 120 and 122) to Reflect the Amounts Approved by the City Council on April 21, 2014 in the 2014-2015 Action Plan. (#3535) [Ward(s): All] Motion: Adopt the Resolution. 5E. Civil Service Personnel Actions - Classified (#3459) [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. 5F. Finance Approval of Checks Warrants and Payroll Checks (#3557) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/13/2014 Joint Regular Meeting Agenda November 17, 2014 5G. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of San Bernardino, Authorizing the Execution of Amendment No. 2 to the Agreement for Auditing Services Between Rogers Anderson Malody and Scott for Economic Development Agency / Successor Agency Audit Services. (#3561) [Ward(s): All] Motion: Adopt the Resolution. 5H. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 4 to the Agreement for Auditing Services by and Between the City of San Bernardino and Rogers Anderson Malody and Scott for the Provision of Auditing Services. (#3553) [Ward(s): All] Motion: Adopt the Resolution. 51. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Purchase Agreement and Issuance of a Purchase Order to Kalmikov Enterprises Inc., Dba Fire Apparatus Solutions, for the Aerial Rotation Bearing Replacement on Fire Unit #T-2. (#3582) [Ward(s): All] Motion: Adopt the Resolution; and authorize the amendment to the Fire Department's FY 2014-2015 Adopted Budget to reflect the expenditures as outlined in the staff report. 5J. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase Order in the Amount of $51,000 to TelePacific Communications for Primary Rate Interface Phone Connections. (#3551) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/13/2014 Joint Regular Meeting Agenda November 17, 2014 5K. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Youthpower Community Solutions for Shared Use of the Facilities at the Norton Galaxy Building, Gymnasium, and Norton Annex. (#3524) [Ward(s): 1] Motion: Adopt the Resolution. 5L. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Youthpower Community Solutions for Use of Nicholson Community Center. (#3525) [Ward(s): 6] Motion: Adopt the Resolution. 5M. 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. (FINAL READING) (#3494) [Ward(s): All] Motion: Adopt the Ordinance. 5N. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Service Agreement and Issuance of a Purchase Order to Law Enforcement Medical Services, Inc., for Evidence Collection Not to Exceed $80,000 for FY 2014/2015 with Three Optional Renewal Years. (#3564) [Ward(s): All] Motion: Adopt the Resolution. 50. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Director of Finance to Appropriate $50,000 to Account No. 126-400-0088-5111 "Materials & Supplies" from Previously Unallocated HUTA (Gas Tax) Funds (Fund 126) and Amend the FY 2014-15 Budget Accordingly. (#3568) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/13/2014 Joint Regular Meeting Agenda November 17, 2014 5P. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Request for Proposal from the San Bernardino County Sheriff's Department for the Provision of Law Enforcement Services and Authorizing the City Manager to Coordinate with the Sheriff's Department to Provide Any Information Required to Formulate the Proposal. (#3589) [Ward(s): All] Motion: Adopt the Resolution. 5Q. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Director of Finance to Appropriate an Additional $100,000 to Account No. 126-400-0088-5505 "Other Professional Services" Using Previously Unallocated HUTA (Gas Tax) Funds (Fund 126); Amend the FY 2014-15 Budget Accordingly; Authorize the Execution of a First Amendment to the Agreement with Environmental Project Services, Inc.; and Increase Annual Purchase Order No. 2015-26 for an Amount Not to Exceed $300,000 for Concrete Maintenance Services. (#3565) [Ward(s): All] Motion: Adopt the Resolution. 5R. City Manager Personnel Actions - Unclassified [Ward(s): All] Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City, Community Development Commission and Economic Development Agency policies and procedures. 5S. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Director of Finance to Appropriate an Additional $200,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" Using Previously Unallocated HUTA (Gas Tax) Funds (Fund 126); Amend the FY 2014-15 Budget Accordingly; Authorize the Execution of a First Amendment to the Agreement with Quality Light and Electrical; and Increase Annual Purchase Order No. 2015-61 for an Amount Not to Exceed $400,000 for Street Light Repair Services. (#3567) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/13/2014 Joint Regular Meeting Agenda November 17, 2014 5T. 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 3727 Shandin Drive, San Bernardino, California. (#3569) [Ward(s): 5] Motion: Adopt the Resolution. 6. PUBLIC HEARINGS TO BE HEARD AT 5:30 P.M. 6A. City Manager Public Hearing on Preparation and Planning for the City's 2015-2020 Consolidated Plan (#3556) [Ward(s): All] Motion: Receive and file. 7. STAFF REPORTS 7A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement with Management Partners, Inc. Related to the Bankruptcy Recovery Plan [Ward(s): All] Motion: Adopt the Resolution. 7B. Council Office Quarterly Public Bike Ride Event (#3579) [Ward(s): All] Motion: Discuss and take possible action. 7C. Council Office Refer the Item of Fireworks to the Appropriate Council Committee for Discussion (#3578) [Ward(s): All] Motion 1 : Refer the item of Fireworks to the Legislative Review Committee. or Motion 2: Refer the item of Fireworks to the Ways and Means Committee. Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/13/2014 Joint Regular Meeting Agenda November 17, 2014 7D. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposals for the Design and Construction of Outdoor Basketball Courts and Other Renovations at Nunez Park in the City of San Bernardino. (#3554) [Ward(s): 1] Motion: Adopt the Resolution. 7E. Public Works Ordinance of the City of San Bernardino Amending Section 10.24.190, Subsection B of the Municipal Code to Prohibit Vehicles Exceeding a Maximum Gross Weight Limit of Ten Thousand Pounds Upon the Following Road Segments: Belleview Street Between "K" Street and "I" Street; Congress Street Between "K" Street and "I" Street; "J" Street Between Rialto Avenue and the End of "J" Street Approximately One Thousand Feet South of Congress Street; and "I" Street Between Congress Street and the End of "I" Street Approximately Three Hundred Feet North of Belleview Street. (FIRST READING) (#3502) [Ward(s): 3] Motion: Lay over Ordinance for final adoption. 8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA TO BE HEARD AT 6:30 P.M. 9. 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, December 1, 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 9 Printed 11/13/2014 Joint Regular Meeting Agenda November 17, 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 10 Printed 11/13/2014