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Home My WebLink About10-19-2015 Jt. Reg. Mtg AgendaCITY OF SAN BERM...'-ITY CLERK AGENDA FOR I HL JOINT REGULAR MEETINU 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, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE GOVERNING BOARD OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, OCTOBER 19, 2015 2:00 PM — CLOSED SESSION 4:00 PM — OPEN SESSION COUNCIL CHAMBER • 300 NORTH „D" STREET (LOBBY) • SAN BERNARDINO, CA 92418 - WWW.SBCITY.ORG Virginia Marquez I,JUNUIL 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 MAYOR James L. Mulvihill COUNCIL MEMBER, WARD 7 Allen J. Parker CITY MANAGER Gary D. Saenz CITY ATTORNEY Georgeann "Gigi" Hanna CITY ('I FRK 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 items that are not public hearings will be limited to three minutes. C 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. Joint Regular Meeting Agenda October 19, 2015 o All documents for public review are on file with the City Clerk's Office or maybe accessed online by going to http:l www. sbcity. org. o Please turn off or mute your cell phone while the meeting is in session. Mayor and Common Council of the City of San Bemardino Page 2 rnnted 7unOIZU70 Joint Regular Meeting Agenda October 19, 2015 CALL TO ORDER Atlkpp� ee 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 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. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): One (1) Item C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): One (1) Item City of San Bernardino v. Amazon.com D. Closed Session - personnel - pursuant to Government Code Section 54957: City Manager Mayor and Common Council of the City of San Bernardino Page 3 Printed 10/15/2015 MoW ■ p . p . 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. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): One (1) Item C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): One (1) Item City of San Bernardino v. Amazon.com D. Closed Session - personnel - pursuant to Government Code Section 54957: City Manager Mayor and Common Council of the City of San Bernardino Page 3 Printed 10/15/2015 Joint Regular Meeting Agenda October 19, 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: Mid -Management 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 Steven Earp to the Planning Commission - Council Member Jim Mulvihill (#4089) [Ward(s): 7] (Back-up for this item begins on page 12) Motion: Approve the appointment of Mr. Steven Earp to the Planning Commission as requested by Council Member Jim Mulvihill. 313. Mayor's Office Appointment of Richard Contreras to the Measure Z Citizens Oversight Committee - Council Member Benito Barrios (#4101) [Ward(s): 2] (Back-up for this item begins on page 15) Motion: Approve the appointment of Richard Contreras to the Measure "Z" Citizens Oversight Committee as requested by Council Member Benito Barrios. 3C. Mayor's Office Appointment of Richard Contreras to the Community Development Citizen Advisory Committee - Council Member Benito Barrrios (#4102) [Ward(s): 2] (Back-up for this item begins on page 18) Motion: Approve the appointment of Richard Contreras to the Community Development Citizen Advisory Committee as requested by Council Member Benito Barrios. 3D. Mayor's Office Appointment of Marlyn F. Taub to the Animal Control Commission - Council Member Jim Mulvihill (#4107) [Ward(s): 7] (Back-up for this item begins on page 21) Motion: Approve the appointment of Marlyn F. Taub to the Animal Control Commission as requested by Council Member Jim Mulvihill. Mayor and Common Council of the City of San Bernardino Page 4 Printed 10/15/2015 Joint Regular Meeting Agenda October 19, 2015 4. PRESENTATIONS 4A. Citizen of the Month - Andrea Zuniga - Council Member Virginia Marquez 4B. Certificates of Recognition - Miss Cardinal - Jamie Rios and Miss Cardinal Court: Janielle Eismas, Miss Cardinal 2015-2016; Diana Arias, First Runner Up; and Laura Hernandez, Second Runner Up - Council Member Benito Barrios 4C. Student of the Month - Romen Delifus, Middle College High School - Council Member John Valdivia 4D. Service Council Update of Upcoming Community Projects - Reverend George Honn 4E. Cal State University, San Bernardino - Capstone Project - Dr. Swope 4F. Bankruptcy, Strategic Planning Workshop and Charter Committee Updates - Management Partners 4G. 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 numbered 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 (#4088) [Ward(s): All] (Back- up for this item begins on page 24) Motion: Waive full reading of resolutions and ordinances on the agenda dated October 19, 2015. Mayor and Common Council of the City of San Bernardino Page 5 Printed 10/15/2015 Joint Regular Meeting Agenda October 19, 2015 5B. Civil Service Personnel Actions - Classified (#3830) [Ward(s): All] (Back-up for this item begins on page 25) 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. 5C. Finance Approval of Commercial Checks and Payroll Checks (#4090) [Ward(s): All] (Back-up for this item begins on page 35) Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5D. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement with Amerik Medical Billing to Provide EMS Billing Services for the Emergency Medical Services User Fees and the Voluntary/Paramedic Membership Program Fees. (#4085) [Ward(s): All] (Back-up for this item begins on page 147) Motion: Adopt the Resolution. 5E. Human Resources Personnel Actions - Unclassified (#4113) [Ward(s): All] (Back-up for this item begins on page 223) Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. 5F. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Park Ranger, Part-Time/Extra-Hire and Approving the Job Description. (#4099) [Ward(s): All] (Back-up for this item begins on page 227) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 10/15/2015 Joint Regular Meeting Agenda October 19, 2015 5G. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Lease of the San Bernardino Soccer Complex to San Bernardino Soccer, LLC and Appropriating $143,141 from the Soccer Field Fund. (#4051) [Ward(s): 7] (Back-up for this item begins on page 236) Motion: Adopt the Resolution. 5H. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Use of Facilities Agreement with California State University - San Bernardino for Use of Fiscalini Field. (#4094) [Ward(s): 2] (Back-up for this item begins on page 269) Motion: Adopt the Resolution. 51. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the Palm Avenue Grade Separation Project Constructed by SANBAG as Complete. (#4095) [Ward(s): 5, 6] (Back-up for this item begins on page 278) Motion: Adopt the Resolution. 5J. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Accepting Title, Control, and Maintenance to a Reconstructed Portion of Dement Street Upon Relinquishment and Written Notice from State of California to the City that the Work Thereon Has Been Completed. (#4093) [Ward(s): 5] (Back-up for this item begins on page 293) Motion: Adopt the Resolution. 5K. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Memorandum of Understanding (MOU) NO. 15-1001217 and Cooperative Agreement No. 16-1001335 with the San Bernardino County Transportation Authority (Authority or SANBAG) for the Interstate 215/University Parkway Interchange Project (SSO4-019). (#4065) [Ward(s): 5,6] (Back-up for this item begins on page 299) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 10/15/2015 Joint Regular Meeting Agenda October 19, 2015 51L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of Additional Funding to Pay Outstanding Invoices for Inland Empire Landscape for the Landscape Maintenance on the City of San Bernardino's Landscape Maintenance Districts. (At Meeting of October 5, 2015, Item Continued to October 19, 2015) (#4084) [Ward(s): 4, 5, 6] (Back-up for this item begins on page 323) Motion: Adopt the Resolution. 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager, or Designee, to Sign and Submit a Cooperative Work Agreement Extension Request to the California Department of Transportation (Caltrans) for the Extended Use of Federal Funds Encumbered for the Mt. Vernon Bridge Replacement Project (Federal Project ID: BRLS- 5033(042)). (#4080) [Ward(s): 2, 3] (Back-up for this item begins on page 337) Motion: Adopt the Resolution. 5N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Summary Vacation of a Portion of Institution Road Southerly of Cajon Boulevard. (#4096) [Ward(s): 6] (Back-up for this item begins on page 351) Motion: Adopt the Resolution. 50. 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 161 East 2Nd Street, San Bernardino, California. (#4078) [Ward(s): 1] (Back-up for this item begins on page 363) Motion: Adopt the Resolution. 5P. 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 348 West 13Th Street, San Bernardino, California. (#4079) [Ward(s): 2] (Back-up for this item begins on page 372) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 10/15/2015 Joint Regular Meeting Agenda October 19, 2015 6. STAFF REPORTS 6A. Community Development/City Attorney Presentation by Code Enforcement and City Attorney on Receiverships (#3958) [Ward(s): All] (Back-up for this item begins on page 380) Motion: Receive and file. 613. City Manager Regional Access Center - First Quarter Report (#4076) [Ward(s): All] (Back-up for this item begins on page 382) Motion: Receive and file. 6C. Council Office 2015 Annual League of California Cities Conference and Expo (#4104) [Ward(s): All] (Back-up for this item begins on page 383) Motion: Receive and file. 6D. Council Office APA California 2015 Oakland Annual Conference (#4105) [Ward(s): All] (Back-up for this item begins on page 400) Motion: Receive and file. 6E. Council Office Progress of the 2012/2013 and 2013/2014 Audits (#4110) [Ward(s): All] (Back-up for this item begins on page 410) Motion: Discuss and take possible action. 6F. Council Office San Bernardino Hometown Heroes Military Banner Program (#4091) [Ward(s): All] (Back-up for this item begins on page 411) Motion: Receive and file. Mayor and Common Council of the City of San Bernardino Page 9 Printed 10/15/2015 Joint Regular Meeting Agenda October 19, 2015 6G. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Code Enforcement Officer III and Approving the Job Description for the Community Development Department and Adding One (1) Administrative Analyst II/Assistant of Elective Officer (U) Position for the City Attorney's Office to Support the Receivership and Demolition Program and Approve an Increase in Estimated Revenues and a Corresponding Appropriation in Salaries/Benefits for $198,904.57. (#4100) [Ward(s): All] (Back-up for this item begins on page 413) Motion: Adopt the Resolution. 6H. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Two to the Professional Services Agreement for Processing Organic Materials, Recycling Materials and Municipal Non -Recyclable Solid Waste Between the City of San Bernardino and Burrtec Waste Industries, Inc. (#4060) [Ward(s): All] (Back-up for this item begins on page 423) Motion: Adopt the Resolution. 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/COUNCIL MEMBER REQUESTS 9. ANNOUNCEMENTS BY COUNCIL MEMBERS AND EXECUTIVE STAFF 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, November 2, 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 10/15/2015 Joint Regular Meeting Agenda October 19, 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 rnnrea i ul i oizu i o