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Home My WebLink About12-21-2015 Jt. Reg Mtg AgendaCITY CLERK CITY OF SAN BERNAKuINu i 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 21, 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 COUNCIL MEMBEP, WARD 3 Fred Shorett COUNCIL MEMBEk. WARD 4 Henry Nickel COUNCIL MEMBER, WARD 5 Rikke Johnson COUNCIL MEMBEk, WARD 6 R. Carey Davis MAY (-It, 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. ora. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda ' December 21, 2015 CALL TO ORDER Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ Council Member, Ward 2 Benito J. Barrios ❑ ❑ El 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; City of San Bernardino v. Mary Olea, et al. - San Bernardino Superior Court, Case No. CIVDS1515039; People of the State of California, et al. v. Lucille's Collective, et al. - San Bernardino Superior Court, Case No: CIVDS 1505409; People of the State of California, et al. v. Green Haven Collective, et al. - San Bernardino Superior Court, Case No. CIVDS 1503853; Jorge Gutierrez, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1503143. Mayor and Common Council of the City of San Bernardino Page 2 Printed 12/17/2015 Joint Regular Meeting Agenda December 21, 2015 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): In re: Bryce Hanes Two (2) Items C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v. FYAD Enterprises City v. Perez City v. Romero City v. United Oil City v. Castellanos 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. 2. CLOSED SESSION REPORT 3. APPOINTMENTS 4. PRESENTATIONS 4A. Citizen of the Month — Candice Martin, Frazee Community Center Director — Council Member Valdivia 4B. Student of the Month — Jaime Ruff, Cajon High School — Council Member Nickel 4C. Presentation to United Way from Skateland and Radio Lazer — Council Member Barrios 4D. Bankruptcy, Strategic Planning and Charter Committee Updates — Management Partners 4E. Announcements by Chamber of Commerce & Local Elected Officials Mayor and Common Council of the City of San Bernardino Page 3 Printed 12/17/2015 Joint Regular Meeting Agenda December 21, 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 this meeting are 5A through SR. 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 (#4171) [Ward(s): All] (Back- up for this item begins on packet page 11). Motion: Waive full reading of resolutions and ordinances on the agenda dated December 21, 2015. 513. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency Amending Resolution No. 2012-285, Appendix a of the City's Conflict of Interest Code. (#4244) [Ward(s): All] (Back-up for this item begins on packet page 12). Motion: Adopt the Resolution. 5C. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Designating the Norman F. Feldheym Central Branch of the San Bernardino Public Library as the Public Library to Receive a Copy of the Local Appointments List (The Maddy Act). (#4245) [Ward(s): All] (Back-up for this item begins on packet page 33). 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 an Employment Agreement for the Position of Interim City Manager with Mark Scott to Commence on February 8, 2016. (#4240) [Ward(s): All] (Back-up for this item begins on packet page 41). Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 12/17/2015 Joint Regular Meeting Agenda December 21, 2015 5E. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Designating Linda Daube as the Chief Negotiator for Employer -Employee Relations. (#4242) [Ward(s): All] (Back-up for this item begins on packet page 44). Motion: Adopt the Resolution. 5F. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Enter into an Agreement with Time for Change Foundation for Homeless Services and Amending the 2015/2016 Emergency Solutions Grant Budget. (#4150) [Ward(s): All] (Back-up for this item begins on packet page 47). Motion: Adopt the Resolution 5G. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Exclusive Right to Negotiate Agreement for Former Norton Air Force Base Parcel G-1. (#4238) [Ward(s): All] (Back-up for this item begins on packet page 438). Motion: Adopt the Resolution. 5H. Civil Service Personnel Actions - Classified (#3834) [Ward(s): All] (Back-up for this item begins on packet page 450). 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. 51. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Consultant Services Agreement with Eco Tierra Consulting, Inc. to Prepare a Comprehensive Development Code Update. (#4201) [Ward(s): All] (Back-up for this item begins on packet page 476). Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 12/17/2015 Joint Regular Meeting Agenda December 21, 2015 5J. Finance Approval of Commercial Checks and Payroll Checks (#4200) [Ward(s): All] (Back-up for this item begins on packet page 481). Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5K. Human Resources Personnel Actions - Unclassified (#4243) [Ward(s): All] (Back-up for this item begins on packet page 532). Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. 51L. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Fire Department Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) Effective August 1, 2015. (#4212) [Ward(s): All] (Back-up for this item begins on packet page 533). Motion: Adopt the Resolution. 5M. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee Effective August 1, 2015. (#4204) [Ward(s): All] (Back-up for this item begins on packet page 540). Motion: Adopt the Resolution. 5N. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of a CDBG Grant Funded Park Safety Camera Expansion at Wildwood Park, Blair Park, and a Safety Camera Expansion in the 40Th Street Corridor for the San Bernardino Police Department. (#4139) [Ward(s): 4, 5] (Back-up for this item begins on packet page 548). Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 12/17/2015 Joint Regular Meeting Agenda December 21, 2015 50. Public Works Resolution of the Mayor and Common Council Approving Amendment No. 7 to 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). (#4177) [Ward(s): 5, 6] (Back-up for this item begins on packet page 699). Motion: Adopt the Resolution. 5P. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Cooperative Agreement No. 15-1001132 with the San Bernardino County Transportation Commission for Bike Lane and Accessibility Improvements in the Vicinity of the San Bernardino Metrolink Station and the Multi -Modal Transfer Station at "E" Street and Rialto Avenue. (#3719) [Ward(s): 1, 3] (Back-up for this item begins on packet page 711). Motion: Adopt the Resolution. 5Q. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Bid and Purchase a Replacement Backup Generator for Emergency Operations of the City's Fuel Station and Public Works Yard Offices. (#4236) [Ward(s): All] (Back-up for this item begins on packet page 726). Motion: Adopt the Resolution. 5R. Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing an Increase to Purchase Order 2015-967 in an Amount Not to Exceed $42,502.51 to Servpro for Water Damage Remediation Services at 201 North E Street. (#4234) [Ward(s): 1] (Back-up for this item begins on packet page 732). Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 12/17/2015 Joint Regular Meeting Agenda December 21, 2015 6. PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. 6A. City Manager Public Hearing to Receive Citizen Input on and Approving the Proposed Changes Included in Substantial Amendment #3 to the City of San Bernardino's Community Development Block Grant (CDBG) 2015/2016 Budget/Action Plan (#4199) [Ward(s): All] (Back-up for this item begins on packet page 738). Mayor to open the hearing... Motion: Close the hearing; and authorize Substantial Amendment #3 to the City of San Bernardino's CDBG 2015/2016 Action Plan allocating an additional $140,000 to the Community Development CDBG Department Budget. 7. STAFF REPORTS 7A. City Clerk Council Action to Consider the Appeal of Nizar Milbes from a Decision of the San Bernardino City Police Commission Upholding the Decision of the Chief of Police to Deny the Application of Nizar Milbes for an Operator's Permit (#4237) [Ward(s): All] (Back-up for this item begins on packet page 739). Motion: 1. Accept Nizar Milbes' appeal of the Police Commission's decision pursuant to San Bernardino Municipal Code Sections 5.82.210- 5.82.230 and schedule appeal hearing before the Mayor and Common Council at the next regularly scheduled meeting of the Mayor and Common Council on January 4, 2016. OR 2. Deny Nizar Milbes' appeal of the Police Commission's decision for failure to meet conditions permitting appeal under Section 5.82.240 of the San Bernardino Municipal Code. 7B. City Manager Discuss and Take Possible Action on Whether to Continue to Fund Operations of San Bernardino Employment and Training Agency (SBETA) Using City Funds, Subject to Possible Reimbursement from the State of California, and If So, for What Period of Time. (#4239) [Ward(s): All] (Back-up for this item begins on packet page 764). Motion: To continue to fund the Employment and Training months. operations of the San Bernardino Agency (SBETA) using City funds for Mayor and Common Council of the City of San Bernardino Page 8 Printed 12/17/2015 Joint Regular Meeting Agenda December 21, 2015 7C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire for the Implementation of the First -Time Homebuyer Program. (#4173) [Ward(s): All] (Back-up for this item begins on packet page 804). Motion: Adopt the Resolution. 7D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement with Norse Corporation for Improvements to Jovi's Diner Not to Exceed $103,922.00. (#4135) [Ward(s): 1 ] (Back-up for this item begins on packet page 833). Motion: Adopt the Resolution. 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 10. ANNOUNCEMENTS BY COUNCIL MEMBERS AND EXECUTIVE STAFF 11. 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, January 4, 2016, 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 12/17/2015 Joint Regular Meeting Agenda December 21, 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 12/17/2015