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Home My WebLink About06-01-2015 Jt. Reg Mtg AgendaCITY OF SAN BERP...ITY `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, JUNE 1, 2015 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 6UUNUL MEMBER, WARD 1 Benito Barrios COUNCIL MEMBER, WARD John Valdivia uUNCIL MEMBER, WARD 3 Fred Shorett ;OUNCIL MEMBER. WARD 4 Henry Nickel "OUNCIL MEMBF'R WARD 5 Rikke Johnson COUNCIL MEMBER WARD 6 R. Carey Davis I'VIAYUK James L. Mulvihill �-:OUNCIL (MEMBER, WARD 7 Allen J. Parker CITY IVIANAGER Gary D. Saenz CITY AFTG Georgeann "Gigi" Hanna CITY CLERK David Kennedy CITY TREASURER 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://www. sbcity. orq. O Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda June 1, 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(a) and (d)(1): In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12- bk-28006 MJ 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 of San Bernardino v. BNR Holdings, LLC D. PERSONNEL - Pursuant to Government Code Section 54957: City Manager Mayor and Common Council of the City of San Bernardino Page 2 Printed 5/28/2015 Joint Regular Meeting Agenda June 1, 2015 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: Property: Address: Vacant land on 9th Street - APN No. 0140-241-45 Negotiating Parties: Bill Manis, City of San Bernardino Steven Wehr, Principal of BMW Realty Advisors & Jian Torkan, ICO Real Estate Group 2. CLOSED SESSION REPORT 3. APPOINTMENTS 3A. Mayor's Office Re -Appointment of Mr. Curtis Stout to the Civil Service Board - Mayor R. Carey Davis (#3844) [Ward(s): All] (Back-up for this item begins on Agenda packet page 9) Motion: Approve the re -appointment of Mr. Curtis Stout to the Civil Service Board as requested by Mayor R. Carey Davis. 4. PRESENTATIONS 4A. Presentation of 2015 Tachikawa Sister City Students -- Jessica Aparicio Angel, Sienna Cabrera, and Alex Morrow -- Mayor Carey Davis 4B. Certificate Presentation -- Resolution Honoring Sue Mandell and Susan Aguilar of WeTIP -- Council Member Valdivia 4C. Chapter Updates on The Great Race -- Chapter 3 -- Parks, Recreation & Community Services Director Mickey Valdivia 4D. Bankruptcy/Strategic Planning Update -- Management Partners 4E. Chamber of Commerce & Local Elected Officials Announcements Mayor and Common Council of the City of San Bernardino Page 3 Printed 5/28/2015 Joint Regular Meeting Agenda June 1, 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 50. 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 (#3785) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated June 1, 2015. 5B. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Requesting that the City of San Bernardino's Primary Municipal Election be Consolidated with the November 3, 2015 Consolidated Election Conducted by the County of San Bernardino. (#3721) [Ward(s): All] (Back-up for this item begins on Agenda packet page 14) Motion: Adopt the Resolution. 5C. City Attornev Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Hanson Bridgett LLP for Legal Services Relating to Contracting Out City Services. (#3867) [Ward(s): All] (Back-up for this item begins on Agenda packet page 22) Motion: Adopt the Resolution. 5D. City Attornev Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to Employment Agreement Between Allen Parker and the City of San Bernardino. (At Meeting of May 18, 2015, Item Continued to June 1, 2015) (#3838) [Ward(s): All] (Back-up for this item begins on Agenda packet page 28) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 5/28/2015 Joint Regular Meeting Agenda June 1, 2015 5E. Civil Service Personnel Actions - Classified (#3657) [Ward(s): All] (Back-up for this item begins on Agenda packet page 40) 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 (#3849) [Ward(s): All] (Back- up for this item begins on Agenda packet page 54) Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5G. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Standard Agreement to be Used for Gaining the Permission of Parcel Owners to Enter Their Property for the Purpose of Conducting Prescribed And/Or Structural Training Burns. (#3852) [Ward(s): All] (Back-up for this item begins on Agenda packet page 57) Motion: Adopt the Resolution. 5H. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Identifying the Terms and Conditions for Fire Department Response Away from Their Official Duty Station and Assigned to an Emergency Incident. (#3806) [Ward(s): All] (Back-up for this item begins on Agenda packet page 66) Motion: Adopt the Resolution. 51. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an On -Line Grant Application for FY 2014 Staffing for Adequate Fire and Emergency Response (SAFER) to the US Department of Homeland Security, Federal Emergency Management Agency and Authorizing the Fire Department to Accept and Administer the Grant If Awarded. [Ward(s): All] (Back-up for this item begins on Agenda packet page 119) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 5/28/2015 Joint Regular Meeting Agenda June 1, 2015 5J. Human Resources Personnel Actions - Unclassified (#3800) [Ward(s): All] (Back-up for this item begins on Agenda packet page 145) Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. 5K. Police Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for a Grant Assistance Program (GAP) Grant from the State of California Office of Alcoholic Beverage Control in the Amount of $50,000 and Authorizing the Police Department to Accept and Administer the Grant. (#3777) [Ward(s): All] (Back-up for this item begins on Agenda packet page 150) Motion: Adopt the Resolution. 5L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Cooperative Agreement No. 08-1607 with the State of California Department of Transportation Authorizing Funding for a Traffic Signal at the Interstate 215M/aterman Avenue On -Ramp. (#3850) [Ward(s): 3] (Back-up for this item begins on Agenda packet page 164) Motion: Adopt the Resolution. 5M. 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 2036 East 17Th Street, San Bernardino, California. (#3856) [Ward(s): 7] (Back-up for this item begins on Agenda packet page 175) Motion: Adopt the Resolution. 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 3147 North Lugo Avenue, San Bernardino, California. (#3855) [Ward(s): 7] (Back-up for this item begins on Agenda packet page 183) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 5/28/2015 Joint Regular Meeting Agenda June 1, 2015 50. Successor Agency Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with the Law Firm of Orrick, Herrington & Sutcliffe LLP, and a Waiver of Potential Conflicts of Interest that May Arise from Such Legal Representation. (#3854) [Ward(s): All] (Back-up for this item begins on Agenda packet page 191) Motion: Adopt the Resolution. 6. PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. 6A. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Denying Appeal No. 15-02 and Upholding the Planning Commission Decision Denying Appeal No. 15-01; Thereby Affirming the Community Development Director's Approval of Minor Modifications to Tentative Tract Map No. 15731 and the North Plan (Highland Hills Project) Generally Located East of Freeway 330 and North of Highland Avenue. [Ward(s): 4] (Back-up for this item begins on Agenda packet page 207) Mayor to open the hearing... Motion: Adopt the Resolution. 7. STAFF REPORTS 7A. Council Office Update of the 2015 NUSA (Neighborhoods, USA), 40Th Annual Conference on Neighborhood Concerns [Ward(s): All] (Back-up for this item begins on Agenda packet page 387) Motion: Receive and file. 7B. Council Office Update of the 2015 Southern California Association of Governments' (SCAG) 50Th Annual Regional Conference and General Assembly (#3845) [Ward(s): All] (Back-up for this item begins on Agenda packet page 430) Motion: Receive and file. 8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA -- TO BE HEARD AT 6:30 P.M. Mayor and Common Council of the City of San Bernardino Page 7 Printed 5/28/2015 Joint Regular Meeting Agenda June 1, 2015 9. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 10. ANNOUNCEMENTS FROM MAYOR, COMMON COUNCIL AND EXECUTIVE STAFF 11. 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, June 15, 2015, 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 8 Printed 5/28/2015