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Home My WebLink About07-20-2015 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, JULY 209 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 COUNCIL MEMBER, WARD 1 Benito Barrios COUNCIL MEMBER, WARD 2 John Valdivia COUNCIL MEMBER, WARD 3 Fred Shorett COUNCIL MEMBER, WARD 4 Henry Nickel COUNCIL MEMBER, WARD 5 Rikke Johnson COUNCIL MEMBER, WARD 6 R. Carey Davis James L. Mulvihill COUNCIL MEMBER, WARD 7 Allen J. Parker CITY MANAGER Gary D. Saenz CITY ATTORNEY 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 httpJ/www. sbcity. org. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda July 20, 2015 CALL TO ORDER , Name _. 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 P;. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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; Scott Roebuck v. City of San Bernardino - Workers Compensation Appeals Board, Case Nos. ADJ8433520 and ADJ8433515; Hector Juarez v. City of San Bernardino - Workers Compensation Appeals Board, Case Nos. ADJ5539419 and ADJ9073172; J'Drione Higgins v. City of San Bernardino - Workers Compensation Appeals Board, Case Nos. ADJ6592854, ADJ6992163 and ADJ6992215. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation -- pursuant to Government Code Section 54956.9(d)(2): Long Range Property Management Plan Mayor and Common Council of the City of San Bernardino Page 2 Printed 7/17/2015 Joint Regular Meeting Agenda July 20, 2015 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City of San Bernardino v. Cervantes City of San Bernardino v. Reno Family Trust City of San Bernardino v. Lamadrid 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: One (1) item F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: San Bernardino Police Officers' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. CLOSED SESSION REPORT 3. APPOINTMENTS 3A. Mayor's Office Appointment of Frank J. Flores to the Parks and Recreation Commission - Council Member Benito J. Barrios (#3945) [Ward(s): 2] Motion: Approve the appointment of Frank J. Flores to the Parks and Recreation Commission as requested by Council Member Benito J. Barrios. 4. PRESENTATIONS 4A. Citizen of the Month Young Advocates of Cal State -- Council Member Nickel 4B. San Bernardino City Library Foundation's Technology Donation -- Library Director Ed Erjavek 4C. Cal State University San Bernardino 50th Anniversary Celebration -- Dave Johnson, Associate Vice President/Office of Strategic Planning CSUSB 4D. Bankruptcy/Strategic Planning Update -- Management Partners 4E. Charter Committee Update -- Management Partners 4F. Chamber of Commerce & Local Elected Officials Announcements Mayor and Common Council of the City of San Bernardino Page 3 Printed 7/17/2015 Joint Regular Meeting Agenda July 20, 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. Consent Calendar items are those numbers 5A through ST. 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 (#3918) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated July 20, 2015. 5B. 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 Green De Bortnowsky, LLP for Legal Services Related to Receiverships. (#3948) [Ward(s): All] Motion: Adopt the Resolution. 5C. Civil Service Personnel Actions - Classified (#3823) [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. 5D. Civil Service Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Destruction of Certain Records No Longer Required to be Maintained by the Civil Service Department. (#3934) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 7/17/2015 Joint Regular Meeting Agenda July 20, 2015 5E. Finance Approval of Checks Warrants and Payroll Checks (#3917) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5F. Human Resources Resolution of the City of San Bernardino Amending Resolution No. 6429, Entitled in Part "A Resolution ... Establishing a Basic Compensation Plan for Officers And/Or Employees of the Police and Fire Departments of the City of San Bernardino." (#3923) [Ward(s): All] Motion: Adopt the Resolution. 5G. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Community Engagement Officer and Approving the Job Description. (#3942) [Ward(s): All] Motion: Adopt the Resolution. 5H. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Execution of the Fifth and Final Amendment to the FAS Standard Contract with the County of San Bernardino for the Lease of a Portion of the Delmann Heights Community Center to be Used for the Head Start Program. (#3936) [Ward(s): 6] Motion: Adopt the Resolution. 51. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Facility Lease Agreement with Disabled American Veterans (DAV) San Bernardino Chapter 12 to Operate a Veterans Exploration Garden and Veterans Service Center at Phoenix East Community Center Located at Speicher Memorial Park, 1535 North Arden Ave, San Bernardino. (#3922) [Ward(s): 6] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 7/17/2015 Joint Regular Meeting Agenda July 20, 2015 5J. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Reauthorizing the Purchase of an Industrial Diesel Engine Driven Generator for $75,180 and Repealing Resolution No. 2015-118. (#3935) [Ward(s): 1] Motion: Adopt the Resolution. 5K. Police An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 9.97 to the San Bernardino Municipal Code Regarding Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs. (FINAL READING) (#3899) [Ward(s): All] Motion: Adopt the Ordinance. 5L. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Receipt, Obligation, and Expenditure of the FY2014 /2015 Homeland Security Grant Program Funds in the Amount of $75,864 and the Issuance of a Purchase Order to Mallory Safety & Supply in an Amount Not to Exceed $67,832. (#3851) [Ward(s): All] Motion: Adopt the Resolution. 5M. Public Works Authorization to Proceed and Approval of Plan No. 13039 — Proposed Street 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. (#3885) [Ward(s): 2] Motion: Authorize the Public Works Director and the City Clerk to proceed with the proposed street 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 approve Plan No. 13039 showing the proposed street 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. Mayor and Common Council of the City of San Bernardino Page 6 Printed 7/17/2015 Joint Regular Meeting Agenda July 20, 2015 5N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Cal Stripe, Inc., for 2 -Way Left Turn Lane on Industrial Parkway Between Hallmark Parkway and Palm Avenue, Highway Safety Improvement Program HSIPL-5033(045), EA #08-925146, Per Plan No. 12641 (TC09-03). (#3902) [Ward(s): 6] Motion: Adopt the Resolution. 50. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Cal Stripe, Inc., for TDA Article 3 (Bike Lane) Along "G" Street from Inland Center Drive to Rialto Avenue and Along Rialto Avenue from "G" Street to "E" Street, Per Plan 12992 (TC 13-002). (#3904) [Ward(s): 1, 31 Motion: Adopt the Resolution. 5P. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Southerly Right -Of -Way Boundary for a Portion of Chandler Place Across a Portion of City of San Bernardino Municipal Water Department Property Located at the Southeast Corner of "E" Street and Chandler Place. (#3879) [Ward(s): 3] Motion: Adopt the Resolution. 5Q. Successor Agency 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. (#3947) [Ward(s): All] Motion: Adopt the Resolution. 5R. Successor Agency 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. (#3946) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 7/17/2015 Joint Regular Meeting Agenda July 20, 2015 5S. Water Sewer Collection Rate Study Report (#3898) [Ward(s): All] Motion: Approve the Sewer Collection rate study and set September 21, 2015 as the date for a public hearing. 5T. Water Sewer Treatment Rate Study Report (#3897) [Ward(s): All] Motion: Approve the Sewer Treatment rate study and set September 21, 2015 as the date for a public hearing. 6. STAFF REPORTS 6A. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a General Fund Financial Sustainability Reserve Commitment Policy. (#3937) [Ward(s): All] Motion: Adopt the Resolution. 6B. City Manager Resolution of the Mayor and Common Council Allocating $405,000 to Fund San Bernardino Employment & Training Agency Pending the Appeal of Its Denial as a Workforce Innovation and Opportunity Act Jurisdiction. [Ward(s): ] Motion: 1. That Council approve allocating $405,000 for the 90 -day period of July 1 through September 30 to fund San Bernardino Employment & Training Agency pending the appeal of its denial as a Workforce Innovation and Opportunity Act jurisdiction. This would be accomplished by amending the 2015-16 Budget to increase the projected salary savings across all departments by an aggregate of $405,000 and allocating that amount to SBETA; and 2. That Council adjourn tonight's meeting to 5:00 pm, Wednesday, July 29th to discuss SBETA. 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 8 Printed 7/17/2015 Joint Regular Meeting Agenda July 20, 2015 9. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES/COUNCIL MEMBER REQUESTS 10. ANNOUNCEMENTS BY COUNCIL MEMBERS & EXECUTIVE STAFF 11. ADJOURNMENT Adjourn the meeting to 5:00 p.m., Wednesday, July 29, 2015, in the Council Chamber of City Hall. 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 3, 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 7/17/2015 Joint Regular Meeting Agenda July 20, 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 7/17/2015