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Home My WebLink About07-06-2015 Jt. Reg MtgCITY 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 69 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 http://www. sbcity. orq. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda July 6, 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; Glen Aire Mobilehome Park Corporation, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1114110. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): One (1) Item City of San Bernardino v. Ricardo Garcia City of San Bernardino v. West Coast Credit Union C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City of San Bernardino v. Robert and Janet Aaberg Mayor and Common Council of the City of San Bernardino Page 2 Printed 7/2/2015 Joint Regular Meeting Agenda July 6, 2015 D. Closed Session - personnel - pursuant to Government Code Section 54957: City Manager 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. 2. CLOSED SESSION REPORT 3. APPOINTMENTS 3A. Mayor's Office Appointment of Vicki Lee to the Volunteer Citizen -Based Charter Committee - Council Member Rikke Johnson (#3914) [Ward(s): 6] (Back-up for this item begins on packet page 11.) Motion: Approve the appointment of Vicki Lee to the Volunteer Citizen - Based Charter Committee as requested by Council Member Rikke Johnson. 313. Mayor's Office Appointment of Ruben Chavez to the Fine Arts Commission - Council Member Virginia Marquez (#3915) [Ward(s): 1] (Back-up for this item begins on packet page 14.) Motion: Approve the appointment of Ruben Chavez to the Fine Arts Commission as requested by Council Member Virginia Marquez. 3C. Mayor's Office Appointment of William Carey to the Board of Police Commissioners - Council Member Fred Shorett (#3924) [Ward(s): 4] (Back-up for this item begins on packet page 20.) Motion: Approve the appointment of William Carey to the Board of Police Commissioners as requested by Council Member Fred Shorett. Mayor and Common Council of the City of San Bernardino Page 3 Printed 7/2/2015 Joint Regular Meeting Agenda July 6, 2015 3D. Mayor's Office Appointment of Gregory Hogan to the Board of Fire Commissioners - Council Member Virginia Marquez (#3925) [Ward(s): All] (Back-up for this item begins on packet page 23.) Motion: Approve the appointment of Gregory Hogan to the Board of Fire Commissioners as requested by Council Member Virginia Marquez. 4. PRESENTATIONS 4A. Citizen of the Month -- Billy & Kathleen Rainbolt — Mayor Davis 4B. Certificate of Recognition — Felix Damico — Council Member Shorett 4C. The Great Race — Parks, Recreation & Community Services Director Mickey Valdivia 4D. Bankruptcy/Strategic Planning Update -- Management Partners 4E. 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 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 (#3893) [Ward(s): All] (Back- up for this item begins on packet page 26.) Motion: Waive full reading of resolutions and ordinances on the agenda dated July 6, 2015. 5B. City Clerk Council Minutes - May 4, 2015; May 18, 2015; and May 27, 2015 (#3840) [Ward(s): All] (Back-up for this item begins on packet page 27.) Motion: Approve the Minutes of the Mayor and Common Council Meetings of May 4, 2015; May 18, 2015; and May 27, 2015. Mayor and Common Council of the City of San Bernardino Page 4 Printed 7/2/2015 Joint Regular Meeting Agenda July 6, 2015 5C. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of 14 Fine Arts Commission Grant Recipient Agreements and Authorizing the Expenditure of Up to $60,000 of Cultural Development Construction Fees to Support the Community Center Summer Art Program. (#3875) [Ward(s): All] (Back-up for this item begins on packet page 52.) 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, LLP for Legal Services Related to Receiverships. (#3928) [Ward(s): All] (Back-up for this item begins on packet page 426.) Motion: Adopt the Resolution. 5E. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Economic Development Division Manager (U) and the Position of Economic Development Analyst (U) and Approving the Job Descriptions. (#3926) [Ward(s): All] (Back-up for this item begins on packet page 433.) Motion: Adopt the Resolution. 5F. Civil Service Personnel Actions - Classified (#3822) [Ward(s): All] (Back-up for this item begins on packet page 445.) 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 Ordinance of the Mayor and Common Council of the City of San Bernardino Adopting Development Code Amendment 14-20 and Amending Titles 5, 12, and 19 of the San Bernardino Municipal Code to Make Minor Changes Relating to Permitting Requirements for Temporary Use and Special Events. (FINAL READING) (#3772) [Ward(s): All] (Back-up for this item begins on packet page 467.) Motion: Adopt the Ordinance. Mayor and Common Council of the City of San Bernardino Page 5 Printed 7/2/2015 Joint Regular Meeting Agenda July 6, 2015 5H. Finance Approval of Checks Warrants and Payroll Checks (#3894) [Ward(s): All] (Back- up for this item begins on packet page 591.) Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 51. Human Resources Personnel Actions - Unclassified (#3906) [Ward(s): All] (Back-up for this item begins on packet page 594.) Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. 5J. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Fire Department Ranges P-1 (Firefighter), P-2 (Paramedic/Firefighter), P-3 (Engineer), P-4 (Captain/Fire Investigator) and Firefighter Trainee Effective August 1, 2014. (#3891) [Ward(s): All] (Back-up for this item begins on packet page 602.) Motion: Adopt the Resolution. 5K. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Administrative Analyst I/Assistant of Elective Officer (Flex) (U) and the Position of Administrative Analyst II/Assistant of Elective Officer and Approving the Job Descriptions. (#3929) [Ward(s): All] (Back-up for this item begins on packet page 608.) Motion: Adopt the Resolution. 5L. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of Monthly Services from Verizon, Inc. for Wireless Network Services Used by the Police Department for MDC Operations. (#3905) [Ward(s): All] (Back-up for this item begins on packet page 619.) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 7/2/2015 Joint Regular Meeting Agenda July 6, 2015 5M. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment Number Four to the Senior Nutrition Services Agreement with the County of San Bernardino Department of Aging and Adult Services (Daas), Accepting the Proposed Grant Amount Not to Exceed $330,000 for the Period of July 1, 2015 through June 30, 2016, Appropriate Grant Expenditures, and Issue Annual Food Purchase Orders in an Amount Not to Exceed $133,085 in the Aggregate to Sysco Foods, Merit Day, and Fs Dairy through FY 2015-16. (#3890) [Ward(s): All] (Back-up for this item begins on packet page 626.) Motion: Adopt the Resolution. 5N. Parks. Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Second Amendment to the Contract Employment Agreement Between the City of San Bernardino and Brian Turnbull for CDBG and CIP Project Management Services. (#3876) [Ward(s): All] (Back-up for this item begins on packet page 659.) Motion: Adopt the Resolution. 50. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Volunteer Services Agreement Between the City of San Bernardino and New Hope Missionary Baptist Church. (#3873) [Ward(s): All] (Back-up for this item begins on packet page 666.) Motion: Adopt the Resolution. 5P. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Grant Application Submittal, Accepting the Grant Award for Year One of a 3 -Year Grant Continuation, and Appropriating Grant Expenditures from the Corporation for National and Community Service for the Senior Companion Program (SCP) in the Amount of $287,788 for the Period of July 1, 2015 through June 30, 2016. (#3900) [Ward(s): All] (Back-up for this item begins on packet page 681.) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 7/2/2015 Joint Regular Meeting Agenda July 6, 2015 6. PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. 6A. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Finding and Determining that the Public Interest and Necessity Require the Acquisition of a Permanent Easement and a Temporary Construction Easement Over a Portion of Certain Real Property Located Southwesterly of Cajon Boulevard and Northerly of Kenwood Avenue, Known as Assessor's Parcel Number 0349-101-25-0000, Unincorporated San Bernardino County, California, for the Water Department Relative to the Kenwood Well Field 20" Transmission Main Project, in San Bernardino County, California. (#3837) [Ward(s): Not in City Boundaries] (Back-up for this item begins on packet page 738.) Mayor to open the hearing... Motion: Close the hearing; and adopt the Resolution. 7. STAFF REPORTS 7A. City Attorney Request to Authorize and Direct City Attorney to Pursue Administrative Appeals of Anticipated Decision of Governor Not to Designate City of San Bernardino as a Workforce Development Area Under Workforce Innovation and Opportunity Act of 2014. (#3930) [Ward(s): All] (Back-up for this item begins on packet page 785.) Motion: Authorize and Direct City Attorney to Pursue Administrative Appeals of Anticipated Decision of Governor Not to Designate City of San Bernardino as a Workforce Development Area Under Workforce Innovation and Opportunity Act of 2014. 7B. Community Development Development Code Update Report (#3848) [Ward(s): All] (Back-up for this item begins on packet page 790.) Motion: Receive and file. 7C. Council Office 2015 2ND Annual Grow Riverside Conference Update (#3919) [Ward(s): All] (Back-up for this item begins on packet page 796.) Motion: Receive and file. Mayor and Common Council of the City of San Bernardino Page 8 Printed 7/2/2015 Joint Regular Meeting Agenda July 6, 2015 7D. Council Office 2015 NALEO 32Nd Annual Conference Update (#3916) [Ward(s): All] (Back-up for this item begins on packet page 799.) Motion: Receive and file. 7E. 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. (FIRST READING) (#3899) [Ward(s): All] (Back-up for this item begins on packet page 807.) Motion: Lay over Ordinance for final adoption.. 7F. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Seven to the Franchise Agreement with Jack's Disposal, Inc. to Include Street Sweeping Services, a Term Extension to Allow Month to Month Service, and Issuance of a Purchase Order. (At Meeting of June 15, 2015, Item Continued to July 6, 2015) (#3887) [Ward(s): All] (Back-up for this item begins on packet page 817.) Motion: Table. 7G. Water Sewer Collection Rate Study Report (#3898) [Ward(s): All] (Back-up for this item begins on packet page 862.) Motion: Approve the Sewer Collection rate study and set a date for a public hearing. 7H. Water Sewer Treatment Rate Study Report (#3897) [Ward(s): All] (Back-up for this item begins on packet page 893.) Motion: Approve the Sewer Treatment rate study and set a date for a public hearing. 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 Mayor and Common Council of the City of San Bernardino Page 9 Printed 7/2/2015 Joint Regular Meeting Agenda July 6, 2015 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, July 20, 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 10 rnnreo iiazu io