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Home My WebLink About08-03-2015 Jt Reg Mtg AgendaCITY CLERK CITY OF SAN BERNARDINO 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, AUGUST 3, 2015 2:00 PM — CLOSED SESSION 4:00 PM — OPEN SESSION COUNCIL CHAMBER • 300 NORTH T" STREET • SAN BERNARDINO, CA 92418 • WWW.SBCITY.ORG Virginia Marquez COUNCIL MEMBER, WARD 1 Benito Barrios John Valdivia .'V�.R� Fred Shorett M-n;jgcR WARD 4 Henry Nickel COUNCIL MEMBER, WARD 5 Rikke Johnson COUNCIL MEMBER, WARD S R. Carey Davis MAYOR James L. Mulvihill COUNCIL MEMBER, WARD 7 Allen J. Parker CIT ' MANAGER Gary D. Saenz Georgeann "Gigi" Hanna 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 August 3, 2015 Call to Order 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; San Bernardino County Transportation Commission, et al. v. Jong Uk Byun, et al. - San Bernardino Superior Court, Case No. CIVDS 1302767; OM Verizon, LLC v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1406798; People of the State of California v. Leopoldo E. Wenzel, et al. - San Bernardino Superior Court, Case No. CIVDS 1414588; People of the State of California, et al. v. Cali Medicated, et al. - San Bernardino Superior Court, Case No. CIVDS 1504160; City of Fontana, et al. v. The State Board of Equalization, et al. - Superior Court of California, County of Alameda Case No. RG 14721676; Mayor and Common Council of the City of San Bernardino Page 2 Printed 7/30/2015 Joint Regular Meeting Agenda August 3, 2015 Jessica Alexander, Grace Chapel of San Bernardino (formerly known as Grace Apostolic Church), Operation Grace v. Michael W. McKinney, MICA PR, Inc., City of San Bernardino, R. Carey Davis, and Allen Parker - San Bernardino Superior Court, Case No. CIVDS 1510158. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): Two (2) Items C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v. Adlakha City v. Rosales City v. Espino City v. Chavez 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: 500 Inland Center Dr. - APN 0136-531-08 Negotiating Parties: Bill Manis, Deputy City Manager Macerich on behalf of WM Inland Investors IV 2. CLOSED SESSION REPORT 3. APPOINTMENTS 3A. Mayor's Office Appointment of Barbara Babcock to the Fine Arts Commission as a Voting Member - Mayor R. Carey Davis (#3960) [Ward(s): All] (Back-up for this item begins on packet page 11). Motion: Approve the appointment of Barbara Babcock to the Fine Arts Commission as a voting member as requested by Mayor R. Carey Davis. Mayor and Common Council of the City of San Bernardino Page 3 Printed 7/30/2015 Joint Regular Meeting Agenda August 3, 2015 3B. Mayor's Office Appointment of Council Members Virginia Marquez and John Valdivia to the San Bernardino Regional Water Resources JPA - Mayor R. Carey Davis (#3961) [Ward(s): All] (Back-up for this item begins on packet page 14). Motion: Approve the appointment of Council Members Virginia Marquez and John Valdivia to the San Bernardino Water Resources JPA as requested by Mayor R. Carey Davis. 4. PRESENTATIONS 4A. Newmark Little League 10 & 11 Year Old All-Stars/District 43 Little League Champions 4B. Bankruptcy/Strategic Planning/Charter Committee Updates — Management Partners 4C. Chamber of Commerce & Local Elected Officials Announcements 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. Consent Calendar items are 5A through SQ. 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 (#3951) [Ward(s): All] (Back- up for this item begins on packet page 15). Motion: Waive full reading of resolutions and ordinances on the agenda dated August 3, 2015. 5B. City Clerk Charter Review Committee Update -- July 2015 (#3973) [Ward(s): All] (Back-up for this item begins on packet page 16). Motion: Receive and file. Mayor and Common Council of the City of San Bernardino Page 4 Printed 7/30/2015 Joint Regular Meeting Agenda August 3, 2015 5C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Release and Settlement Agreement with the County of San Bernardino for Property Tax Administration and Waste Disposal Fees. (#3959) [Ward(s): All] (Back-up for this item begins on packet page 36). Motion: Adopt the Resolution. 5D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with Jones & Mayer for Hearing Officer Services. (#3957) [Ward(s): All] (Back-up for this item begins on packet page 46). Motion: Adopt the Resolution. 5E. Civil Service Personnel Actions - Classified (#3824) [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. 5F. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One with Woody's Demolition, Dakeno, Inc., and Environmental Klean-Up for On -Call Demolition Services. (#3940) [Ward(s): All] (Back-up for this item begins on packet page 65). Motion: Adopt the Resolution. 5G. Council Office Discuss and Take Possible Action on a Crossing Guard for Victoria Elementary School (#3962) [Ward(s): 3] (Back-up for this item begins on packet page 105). Motion: Direct the City Manager to identify a funding source to place a crossing guard at Victoria Elementary School and to enter into an agreement for crossing guard services with the Redlands Unified School District and American Guard Service. Mayor and Common Council of the City of San Bernardino Page 5 Printed 7/30/2015 Joint Regular Meeting Agenda August 3, 2015 5H. Finance Approval of Checks Warrants and Payroll Checks (#3927) [Ward(s): All] (Back- up for this item begins on packet page 118). Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 51. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Three to the Vendor Services Agreement for Park Maintenance Services at the City's Central and South Park Sites with RP Landscape, Inc. (#3967) [Ward(s): All] (Back-up for this item begins on packet page 121). Motion: Adopt the Resolution. 5J. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Two to the Vendor Services Agreement for Park Maintenance Services at the City's North Park Sites with Inland Empire Landscape. (#3968) [Ward(s): All] (Back-up for this item begins on packet page 138). Motion: Adopt the Resolution. 5K. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Transfer of $2,800.00 from Account 772-2338 to Revenue Account 001-210-0000*4690 and the Appropriation of $2,800.00 to the FY 2015/2016 Budget for Training of the Gang Unit. (#3921) [Ward(s): All] (Back-up for this item begins on packet page 158). Motion: Adopt the Resolution. 5L. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Transfer of $35,000.00 from Account 772-2350 to Revenue Account 124-210-0000*4690 and Appropriate $35,000.00 to the FY 2015/2016 Budget for Mobile Spay and Neuter Services. (#3949) [Ward(s): All] (Back-up for this item begins on packet page 162). Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 7/30/2015 Joint Regular Meeting Agenda August 3, 2015 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 6 to the Agreement for Professional Services with TY Lin International for the Preparation of a Project Study Report/Project Development Support Document for the University Parkway/Interstate 215 Interchange Loop Entrance Ramp Project (SSO4-19). (#3920) [Ward(s): 5, 6] (Back-up for this item begins on packet page 166). Motion: Adopt the Resolution. 5N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Thirteen (13) Quitclaim Deeds to Certain Property Owners for an Existing City Storm Drain and Sewer Easements Within Tract No. 17716, Generally Located East of Pine Avenue Between Ohio Avenue and Belmont Avenue. (#3932) [Ward(s): 5] (Back-up for this item begins on packet page 177). Motion: Adopt the Resolution. 50. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Declaring Its Intention to Order the Vacation of a Portion of Acacia Avenue North of 9Th Street and Those Portions of the East-West Alley and North-South Alley, Between Acacia Avenue and "F" Street, and Reserving Utility Easements Therein. (#3886) [Ward(s): 2] (Back-up for this item begins on packet page 239). Motion: Adopt the Resolution. 5P. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Urging the State to Provide New Sustainable Funding for State and Local Transportation Infrastructure. (#3970) [Ward(s): All] (Back-up for this item begins on packet page 249). Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 7/30/2015 Joint Regular Meeting Agenda August 3, 2015 5Q. Successor Aqency 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 5080 Sundance Drive, San Bernardino, California. (#3931) [Ward(s): 5] (Back-up for this item begins on packet page 275). Motion: Adopt the Resolution. 6. STAFF REPORTS 6A. City Attorney An Ordinance of the Mayor and Common Council of the City of San Bernardino Repealing Chapter 16.12 Regarding Political Signs. (FIRST READING) (#3955) [Ward(s): All] (Back-up for this item begins on packet page 283). Motion: Lay over Ordinance for final adoption. 613. City Clerk 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 Third Amendment to the Professional Services Agreement with James P. Morris. (#3964) [Ward(s): All] (Back-up for this item begins on packet page 286). Motion: Adopt the Resolution. 6C. City Clerk Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing a $343,000 Purchase Order for Consulting Services from Urban Futures, Inc. with Respect to Winding -Down the Former Redevelopment Agency During the Period of July through December 2015. (#3965) [Ward(s): All] (Back-up for this item begins on packet page 295). Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 7/30/2015 Joint Regular Meeting Agenda August 3, 2015 6D. City Manager Re -Allocation of Fiscal Year 2015/2016 Emergency Solutions Grant Funding (ESG) (#3941) [Ward(s): All] (Back-up for this item begins on packet page 304). Motion: Direct staff to prepare a Substantial Amendment to the 2015/2016 Action Plan to reduce the Access Center's Emergency Solutions Grant ("ESG") funding by $50,000 in the area of staffing and allocate that amount to the Central City Lutheran Mission's Overnight Shelter Program. 6E. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Settlement Agreement with the San Bernardino Police Officers' Association (SBPOA). (#3963) [Ward(s): All] (Back-up for this item begins on packet page 306). Motion: Adopt the Resolution. 6F. Council Office Designation of Voting Delegate to the League of California Cities Annual Conference, September 30, 2015 - October 2, 2015, in San Jose, California (#3966) [Ward(s): All] (Back-up for this item begins on packet page 320). Motion: Designate the voting delegate to the League of California Cities Annual Conference in San Jose, California. 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. ANNOUNCEMENTS BY COUNCIL MEMBERS AND EXECUTIVE STAFF 10. ADJOURNMENT Adjourn the meeting to 3:00 p.m., Monday, August 10, 2015, in the Council Chamber of City Hall, 300 N. "D" Street, San Bernardino. 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, August 17, 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 9 Printed 7/30/2015 Joint Regular Meeting Agenda August 3, 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 10 Printed 7/30/2015