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Home My WebLink About12-07-2015 Jt. Reg Mtg AgendaCITY CLERK CITY OF SAN BERNAKUINU 1 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, DECEMBER 7, 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 COUNCIL MEMBER, WARD 1 Benito Barrios COUNCIL MEMBER, WARD 2 John Valdivia CUUNCIL 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.org. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda December 7, 2015 CALL TO ORDER Council Member, Ward 1 Virginia Marquez❑ ❑ ElCouncil 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; Mekione Samatua, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 917832; Shab el Awar Trust v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1503854; City of San Bernardino v. Lucille's Collective, et al. - San Bernardino Superior Court, Case No. CIVDS 1505409; Stout, Marveen F., et al. v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS1508992. Mayor and Common Council of the City of San Bernardino Page 2 Printed 12/3/2015 Joint Regular Meeting Agenda December 7, 2015 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. Cline City v. Purpero City v. Le 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 3.1 Mayor's Office Appointment of Cassie R. Levy to the Mobile Home Board - Mayor R. Carey Davis (#4187) [Ward(s): All] Motion: Approve the appointment of Cassie R. Levy to the Mobile Home Board as requested by Mayor R. Carey Davis. 3.2 Mayor's Office Appointment of Cassie R. Levy to the Animal Control Commission as a Voting Member - Mayor R. Carey Davis (#4189) [Ward(s): All] Motion: Approve the appointment of. Cassie R. Levy to the Animal Control 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 12/3/2015 Joint Regular Meeting Agenda December 7, 2015 3.3 Mayor's Office Appointment of Damon L. Alexander to the Board of Police Commissioners - Council Member Jim Mulvihill (#4176) [Ward(s): 7] Motion: Approve the appointment of Damon L. Alexander to the Board of Police Commissioners as requested by Council Member Jim Mulvihill. 4. PRESENTATIONS 4A. Certificate of Recognition - Lynda K. Savage, SBCUSD Board Member, Retired - Council Member Mulvihill 4B. Bankruptcy/Strategic Planning Update -- 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. 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 Attorney An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 9.62 of the San Bernardino Municipal Code Regarding Median Island Safety. (FINAL READING) (#4123) [Ward(s): All] Motion: Adopt the Ordinance. Mayor and Common Council of the City of San Bernardino Page 4 Printed 12/3/2015 Joint Regular Meeting Agenda December 7, 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 Wagner & Pelayes for Legal Services Related to in Re: City of San Bernardino; Raymond Newberry, Et Al. V. City of San Bernardino, Et Al. Adversary Proceeding, 6:15-Ap-01283-MJ. (#4192) [Ward(s): N/A] Motion: Adopt the Resolution. 5C. City Clerk Council Minutes - September 8, 2015; and September 21, 2015 (#4125) [Ward(s): All] Motion: Approve the Minutes of the Mayor and Common Council Meetings of September 8, 2015; and September 21, 2015. 5D. City Clerk Mayor and Common Council Regular Meeting Dates for 2016 (#4097) [Ward(s): All] Motion: Approve the following dates for regular meetings of the Mayor and Common Council for the year 2016: January 4 and 19 (Tuesday due to holiday); February 1 and 16 (Tuesday due to holiday); March 7 and 21; April 4 and 18; May 2 and 16; June 6 and 20; July 5 (Tuesday due to holiday) and 18; August 1 and 15; September 6 (Tuesday due to holiday) and 19; October 3 and 17; November 7 and 21; and December 5 and 19. 5E. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Requesting that the Board of Supervisors of the County of San Bernardino Permit the County Registrar of Voters to Render Services to the City of San Bernardino Relating to the General Municipal Election to be Held on February 2, 2016 and Authorizing the City Clerk to Pay the Invoice for the Costs of Said Election. (#4183) [Ward(s): 6, 7] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 12/3/2015 Joint Regular Meeting Agenda December 7, 2015 5F. City Clerk Waive Full Reading of Resolutions and Ordinances (#4134) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated December 7, 2015. 5G. City Clerk Council Minutes - October 5, 2015; and October 19, 2015 (#4184) [Ward(s): All] Motion: Approve the Minutes of the Mayor and Common Council Meetings of October 5, 2015; and October 19, 2015. 5H. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Side Letter Agreement Between the City of San Bernardino and the Middle Management Employees Represented by the Teamsters Local 1932 Extending the Terms and Conditions of Employment. (#4151) [Ward(s): All] Motion: Adopt the Resolution. 51. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The Execution of Amendment Number One to the Hearing Officer Services Agreement Between the City of San Bernardino and Jones & Mayer. (#4198) [Ward(s): All] Motion: Adopt the Resolution. 5J. Civil Service Personnel Actions - Classified (#3833) [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. Mayor and Common Council of the City of San Bernardino Page 6 Printed 12/3/2015 Joint Regular Meeting Agenda December 7, 2015 5K. Finance Approval of Commercial Checks and Payroll Checks (#4169) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5L. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the City of San Bernardino and the Pun Group, LLP, Certified Public Accountants, for the Provision of Financial Auditing Services. (#3990) [Ward(s): All] Motion: Adopt the Resolution. 5M. Human Resources Holiday Closure Dates and 2016 Calendar Dates (#4179) [Ward(s): All] Motion: Receive and file. 5N. Human Resources Personnel Actions - Unclassified (#4180) [Ward(s): All] Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. 50. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of "Senior Management Analyst," Position of "Planning Division Manager (U)," Position of "Chief Building Official (CBO) and Building and Safety Division Manager (U)," and "Senior Civil Engineer/Division Manager (U);" Approving the Job Descriptions; Reclassifying One (1) Administrative Analyst II to Senior Management Analyst Position and Reclassifying One (1) Senior Civil Engineer to Senior Civil Engineer/Division Manager (U) Position; Deleting One (1) Community Development Technician Position; and Adding One (1) Associate Planner Position. (#4195) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 12/3/2015 Joint Regular Meeting Agenda December 7, 2015 5P. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of Turf Maintenance Equipment for the San Bernardino Soccer Complex in the Amount of $140,087.82. (#4175) [Ward(s): 7] Motion: Adopt the Resolution. 5Q. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Five -Year Capital Project Needs Analysis (2016-2021) for Measure "1" 2010-2040 Expenditures. (#4194) [Ward(s): All] Motion: Adopt the Resolution. 5R. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 1 to the Right -Of -Way Cooperative Agreement No. C11180 for the Palm Avenue Grade Separation Project with the San Bernardino County Transportation Commission (SANBAG). (#4191) [Ward(s): 5, 6] Motion: Adopt the Resolution. 5S. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Contract Change Orders No. 1 and 2, for the Annual Citywide Maintenance Services Contract for Roadway Rehabilitation Work on Various San Bernardino City Streets Project with the Matich Corporation, Appropriating Fiscal Year 15-16 Funds for Said Project and for the Concrete Improvement Project. (At Meeting of November 2, 2015, Item Continued to November 16, 2015; Item Continued to December 7, 2015) (#4027) [Ward(s): All] Motion: Adopt the Resolution. 5T. Public Works/Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Establishment of Diagonal Parking on the West Side of "D" Street, from 7Th Street to 8Th Street, in Front of the Police Station Building at 710 N. "D" Street. (#4178) [Ward(s): 1] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 12/3/2015 Joint Regular Meeting Agenda December 7, 2015 5U. 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 3945 Dwight Way, San Bernardino, California. (#4190) [Ward(s): 4] Motion: Adopt the Resolution. 5V. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Side Letter Agreement Between the City of San Bernardino and the San Bernardino Police Officers' Association (SBPOA) and a Side Letter Agreement Between the City of San Bernardino and the General Unit Employees Represented by the International Union of Operating Engineers (IUOE) Amending the Terms and Conditions of Employment. (#4197) [Ward(s): N/A] Motion: Adopt the Resolution. 6. STAFF REPORTS 6A. Council Office Reconsideration of Contracting Of Refuse and Recycling, Street Sweeping and Right -Of Way Clean -Up Services to the City (#4196) [Ward(s): All] Motion: Discuss and take possible action. 613. Mayor's Office Discussion on OpenGov Platform (At Meeting of November 16, 2015, Item Continued to December 7, 2015) (#4149) [Ward(s): All] Motion: Discussion and update. 6C. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino Creating the Quality of Life Team and Authorizing the City Manager to Allocate Funding for the Quality of Life Team. (#4185) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 12/3/2015 Joint Regular Meeting Agenda December 7, 2015 6D. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Five -Year Capital Improvement Program (FY 2015-2020) for Measure I Local Expenditures. (#4193) [Ward(s): All] 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 9. 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, December 21, 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 12/3/2015 Joint Regular Meeting Agenda December 7, 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 Printed 12/3/2015