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Home My WebLink About04-06-2015 Jt. Reg Mtg AgendaCITY OF SAN BERN, 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 CIT`, ^ - SAN BERNARDINo .ACTING AS THE H"". MING AUTHORITY MONDAY, APRIL 6, 2015 1:00 PM — CLOSED SESSION 4:00 PM — OPEN SESSION COUNCIL CHAMBER • 300 NORTH „D„ STREET • SAN BERNARDINO, CA 92418 • WWW.SBCITY.ORG Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Rikke Johnson R. Carey Davis James L. Mulvihill Allen J. Parker Gary D. Saenz Georgeann "Gigi" Hanna David Kennedy 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 should be turned in to the City Clerk. o Public comments for agenda items that are not public hearings will be limited to three minutes. o Public comments for items that are not on the agenda will be limited to three minutes. o There is a 12 -minute -per -person time limit for all comments. 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 http:;% W ww. sbcit�'. org. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda April 6, 2015 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(x) and (d)(1): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12- bk-28006 MJ; Madison -Villa, LLC v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1418539; Brian Lozano v. City of San Bernardino - Workers Comp. Appeals Board, Case No. ADJ8536734; Patricia Fea v. City of San Bernardino - Workers Comp. Appeals Board, Case No. ADJ9009799; Robert Oquendo v. City of San Bernardino - Workers Comp. Appeals Board, Case Nos. ADJ8271788 & ADJ8271770; Melissa Rosas v. City of San Bernardino - Workers Comp. Appeals Board, Case No. ADJ6720899; Mayor and Common Council of the City of San Bernardino Page 2 Printed 4/212015 Joint Regular Meeting Agenda April 6, 2015 Troy Forsythe v. City of San Bernardino - Workers Comp. Appeals Board, Case Nos. ADJ9213054 and ADJ9213056. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to 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. Alvarado City v. BNR Holdings, LLC 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: Property Address: 1350 South E Street - Parcel No. 141-252-04 Agency Negotiator. Allen Parker, City Manager/Executive Director Negotiating Parties: Successor Agency Property: Parcel No. 0155-36-128 Agency Negotiator. Allen Parker, City Manager/Executive Director Negotiating Parties: Successor Agency 2. CLOSED SESSION REPORT 3. APPOINTMENTS 3A. Mayor's Office Reappointment of Wayne Hendrix to the Board of Water Commissioners - Mayor R. Carey Davis (#3780) [Ward(s): All] (Back-up for this item begins on packet page 12) Motion: Approve the reappointment of Wayne Hendrix to the Board of Water Commissioners as requested by Mayor R. Carey Davis. Mayor and Common Council of the City of San Bernardino Page 3 Printed 4/2/2015 Joint Regular Meeting Agenda April 6, 2015 3B. Mayor's Office Appointment of Mary Ann Mari to the Mobile Home Board - Mayor R. Carey Davis (#3778) [Ward(s): All] (Back-up for this item begins on packet page 13) Motion: Approve the appointment of Mary Ann Mari to the Mobile Home Board as requested by Mayor R. Carey Davis. 4. PRESENTATIONS 4A. Proclamation -- Library Week — Ed Erjavek 4B. Proclamation -- National Child Abuse Prevention Month -- Lesford H. Duncan, MPH -- San Bernardino County Children's Network -- Council Member Shorett 4C. Proclamation -- Childhelp National Day of Hope & National Child Abuse Prevention Month -- Jo Ann Von Wald, Board Member -- Childhelp Inland Empire Chapter -- Council Member Shorett 4D. Certificate of Recognition -- The Honorable Carolina Zaragoza Flores, Consul of Mexico for San Bernardino & Riverside Counties -- Council Member Nickel 4E. San Bernardino Employment and Training Agency (SBETA) Update 4F. Mosaico Community Arts & Music Festival — San Bernardino Symphony 4G. Chapter Updates on The Great Race -- Chapter 4 -- Parks, Recreation & Community Services Director Mickey Valdivia 4H. Community Emergency Response Team (CERT) Program Training Class -- Fire Captain Rolf Lindblom 41. Bankruptcy/Strategic Planning Update -- Management Partners 4J. Chamber of Commerce & Local Elected Officials Announcements Mayor and Common Council of the City of San Bernardino Page 4 Printed 4/2/2015 Joint Regular Meeting Agenda April 6, 2015 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 requests that the item be removed from the Consent Calendar and 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 the three- minute time limit. The Consent Calendar items this meeting are 5A through 5P. PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council on Consent Calendar items. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances (#3754) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated April 6, 2015. 513. City Attorney Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Sections 3.04.070, 3.04.080, 3.04.085, and 3.04.115 of the San Bernardino Municipal Code Relating to Purchases. (FINAL READING) (#3741) [Ward(s): All] (Back-up for this item begins on packet page 18) Motion: Adopt the Ordinance. 5C. City Attornev Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Deletion of One (1) Legal Secretary I (PT) Position and the Addition of One (1) Office Assistant (U) Position to the City Attorney's Office. (#3768) [Ward(s): All] (Back-up for this item begins on packet page 38) Motion: Adopt the Resolution. 5D. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute a Professional Services Agreement with Burke Williams & Sorenson for Legal Services Related to Receiverships. (#3763) [Ward(s): All] (Back-up for this item begins on packet page 43) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 4/2/2015 Joint Regular Meeting Agenda April 6, 2015 5E. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute a Professional Services Agreement with Renne Sloan Holtzman Sakai LLP for Legal Services Related to Charter Issues. (#3766) [Ward(s): All] (Back-up for this item begins on packet page 50) Motion: Adopt the Resolution. 5F. Civil Service Personnel Actions - Classified (#3653) [Ward(s): All] (Back-up for this item begins on packet page 57) 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 an MS4 NPDES Stormwater Permit Renewal Participation and Joint Defense Agreement with the San Bernardino County Flood Control District and 15 Other Cities in San Bernardino County. (#3745) [Ward(s): All] (Back-up for this item begins on packet page 96) Motion: Adopt the Resolution. 5H. Finance Approval of Checks Warrants and Payroll Checks (#3757) [Ward(s): All] (Back- up for this item begins on packet page 111) Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 51. Human Resources Personnel Actions - Unclassified (#3773) [Ward(s): All] (Back-up for this item begins on packet page 115) Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. Mayor and Common Council of the City of San Bernardino Page 6 Printed 4/2/2015 Joint Regular Meeting Agenda April 6, 2015 5J. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submission of a Grant Application for Year Three of the Corporation for National and Community Service's Retired and Senior Volunteer Program, Accepting the Grant Award, and Appropriating the Grant Funds for the Period of April 1, 2015 through March 31, 2016. (#3767) [Ward(s): All] (Back-up for this item begins on packet page 125) Motion: Adopt the Resolution. 5K. Public Works Report to the Mayor and Common Council of the City of San Bernardino Regarding the Emergency Repair of the Storm Drain at 241 E. 9Th Street (#3703) [Ward(s): 1] (Back-up for this item begins on packet page 179) Motion: Receive and file report. 5L. Public Works 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 Nine Hundred (900) Square Feet of City -Owned Property at Guadalupe Field Located at 780 N. Roberds Avenue for a Cellular Tower Disguised as a Monopine and Appurtenant Equipment Shelter (APN's 0139-281-04 & 45). (#3739) [Ward(s): 1] (Back-up for this item begins on packet page 182) Motion: Adopt the Resolution. 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of an Additional $15,000 to Account No. 126-400- 0092-5111 "Materials & Supplies" Using Previously Unallocated HUTA (Gas Tax) Funds (Fund 126); Amend the FY 2014-15 Budget Accordingly; and Increase Annual Purchase Order No. 2015-47 for an Amount Not to Exceed $39,900 for the Purchase of Herbicides. (#3759) [Ward(s): All] (Back-up for this item begins on packet page 220) Motion: Adopt the Resolution. ayor ana common C;ouncd of the City of San Bernardino Page 7 Printed 4/2/2015 Joint Regular Meeting Agenda April 6, 2015 5N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to the Vendor Service Agreement Between Fleet Pride and the City of San Bernardino and Authorizing the Increase to Annual Purchase Order 2014-00000135 for a Total Not to Exceed $120,000 to Fleet Pride for Heavy Equipment Parts. (#3731) [Ward(s): All] (Back-up for this item begins on packet page 227) Motion: Adopt the Resolution. 50. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Second Amendment to the Agreement with Environmental Project Services, Inc., and Authorizing the Issuance of a Contract Purchase Order in an Amount Not to Exceed $1,100,000 for City -Wide Concrete Maintenance Services. (#3743) [Ward(s): All] (Back-up for this item begins on packet page 242) Motion: Adopt the Resolution. 5P. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Service Agreement and Issuance of a Contract Purchase Order in an Amount Not to Exceed $200,000 with Three (3) One -Year Extensions at the City's Option, to Sierra Pacific Electrical Contracting, for Traffic Signal Inductive Loop Detector Installation Services. (#3724) [Ward(s): All] (Back-up for this item begins on packet page 271) Motion: Adopt the Resolution. 6. PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. 6A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving the 2015-2020 Consolidated Plan and 2015-2016 Action Plan for Federal Community Development Block Grant (CDBG), Home Investment Partnership (HOME) Interagency Agreement, Neighborhood Stabilization Program (NSP), Emergency Solutions Grant (ESG) Entitlement Grant Programs and Approving Substantial Amendment #5 to the 2014-2015 Action Plan. (#3732) [Ward(s): All] (Back-up for this item begins on packet page 303) Mayor and Common Council of the City of San Bernardino Page 8 Printed 4/2/2015 Joint Regular Meeting Agenda April 6, 2015 Mayor to open the hearing... Motion: Conduct the public hearing to receive comments on the proposed 2015-2020 Consolidated Plan and 2015/2016 Action Plan; close the hearing; and adopt the attached Resolution authorizing the City Manager to: 1. Submit the 2015-2020 Five Year Consolidated Plan to the Los Angeles HUD Office. 2. Submit the 2015/2016 Action Plan to the Los Angeles HUD Office. 3. Authorize the execution of the Home Investment Partnership (HOME) program Interagency Agreement between the City and the County of San Bernardino. 4. Approve "Substantial Amendment #5" to the 2014/2015 Action Plan, allocating CDBG grant funding totaling $923,000 to various eligible projects. 7. STAFF REPORTS 7A. City Manager, City Attorney & Mayor Resolution of the Mayor and Common Council of the City of San Bernardino Establishing and Adopting Operating Practices for Good Governance. (#3762) [Ward(s): All] (Back-up for this item begins on packet page 483) Motion: Adopt the Resolution. 7B. Council Office Council Committee Assignments (#3774) [Ward(s): All] (Back-up for this item begins on packet page 493) Motion: Approve the recommended Council Committee assignments. 7C. Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Commencement of a Refunding of Certain Outstanding Bonds and Notes to Achieve Debt Service Savings and Avoid the Possibility of Default, and Approving Certain Related Actions. (#3769) [Ward(s): All] (Back-up for this item begins on packet page 506) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 4/212015 Joint Regular Meeting Agenda April 6, 2015 8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA -- TO BE HEARD AT 6:30 P.M. 9. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 10. 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, April 20, 2015, 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 10 Printed 4/2/2015 Joint Regular Meeting Agenda April 6, 2015 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 4/2/2015