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Home My WebLink About03-07-2016 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, MARCH 7, 2016 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 00t INCH. MFMBFP WARD 1 Benito Barrios COUNCIL MEMBER, WARD 2 John Valdivia COUNCIL MEMBER, WARD 3 Fred Shorett CuUNCIL MEMBER, WARD 4 Henry Nickel COUNCIL MEMBF1' WARD 5 Rikke Johnson COUNCIL MEMBER, WARD 6 R. Carey Davis James L. Mulvihill COUNCII MFMBER, WARD 7 Mark Scott CITY MANAGER Gary D. Saenz Georgeann "Gigi" Hanna David Kennedy CITY TREASUk 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.orp. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda March 7, 2016 Call to Order Attendee Name Present Absent Late Arrived 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 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; Kris Kohrell v. City of San Bernardino. - WCAB Case No. ADJ8464969; Glenn O'Neal v. City of San Bernardino - WCAB Case Nos. ADJ9368264 & ADJ9368267. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v. Martinez City v. Bank of New York Mellon City v. Parikh City v. Freidman D. Closed Session - personnel - pursuant to Government Code Section 54957(b). Mayor and Common Council of the City of San Bernardino Page 2 Printed 3/3/2016 Joint Regular Meeting Agenda March 7, 2016 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(a). 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 Council Member Fred Shorett as a Voting Member and Council Member Virginia Marquez as an Alternate to the San Bernardino International Airport Authority - Mayor R. Carey Davis (#4338) [Ward(s): All] Motion: Approve the appointment of Council Member Fred Shorett as a voting member and Council Member Virginia Marquez as an alternate to the San Bernardino International Airport Authority (SBIAA) Board of Directors as requested by Mayor R. Carey Davis. 3B. Mayor's Office Appointment of Council Member Virginia Marquez as a Voting Member to the Inland Valley Development Agency (IVDA) - Mayor R. Carey Davis (#4339) [Ward(s): All] Motion: Approve the appointment of Council Member Virginia Marquez as a voting member to the Inland Valley Development Agency (IVDA) as requested by Mayor R. Carey Davis. 4. PRESENTATIONS 4A. Inaugural Ceremony 4B. Bankruptcy, Strategic Planning and Charter Committee Updates — Management Partners 4C. Chamber of Commerce & Local Elected Officials Announcements Mayor and Common Council of the City of San Bernardino Page 3 Printed 3/3/2016 Joint Regular Meeting Agenda March 7, 2016 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 on this agenda are items 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 (#4314) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated March 7, 2016. 5B. City Clerk Council Minutes - February 16, 2016 (#4301) [Ward(s): All] Motion: Approve the Minutes of the Mayor and Common Council Meeting of February 16, 2016. 5C. City Clerk Council Minutes - February 29, 2016 (#4302) [Ward(s): All] Motion: Approve the Minutes of the Mayor and Common Council Meeting of February 29, 2016. 5D. City Manager 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 2185 Roosevelt Avenue, San Bernardino, California. (#4333) [Ward(s): 6] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 3/3/2016 Joint Regular Meeting Agenda March 7, 2016 5E. Civil Service Personnel Actions - Classified (#4213) [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. 5F. Finance Approval of Commercial Checks and Payroll Checks (#4313) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5G. Human Resources Personnel Actions - Unclassified (#4325) [Ward(s): All] Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. 5H. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Addition of One (1) Position of Business Registration Accounting Technician (U); Reclassifying One (1) Business Registration Representative (U) to Business Registration Accounting Technician (U); and Deleting One (1) Classification of Business Registration Representative (U) from the City's Clerk's Table of Organization. (#4264) [Ward(s): All] Motion: Adopt the Resolution. 51. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Reclassification of One (1) Executive Assistant to Administrative Analyst I (Flex); Reclassification of One (1) Department Accounting Technician to Accounting Assistant; and the Reclassification of One (1) HVAC Supervisor to Facilities Maintenance Supervisor Within the Public Works Department. (#4329) [Ward(s): N/A] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 3/3/2016 Joint Regular Meeting Agenda March 7, 2016 5J. Parks, Recreation & Community Services Report Regarding an Emergency Procurement Pursuant to San Bernardino Municipal Code Section 3.04.075 for an Emergency Purchase Order with Quality Electrical and Lighting for $70,210 for Repairs at the San Bernardino Soccer Complex. (#4318) [Ward(s): 7] Motion: Receive and file. 5K. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Memorandum of Understanding Between the City of Riverside Office of Emergency Management and the City of San Bernardino for the Purpose of Accepting and Administering the 2015 Urban Area Security Initiative (UASI) Grant. (#4320) [Ward(s): All] Motion: Adopt the Resolution. 51L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Amending the Fiscal Year 2015/16 Budget to Include $251,210.54 for the Following Completed Projects: Mountain View Avenue, from 46Th Street to 50Th Street, Plan No. 12795 (SSO4-150); 46Th Street, from Mountain View Avenue to Sierra Way, Plan No. 12821 (SS12-001); 48Th Street, from Electric Avenue to Mountain View Avenue, Plan No. 12822 (SS12-002); and Belmont Avenue, from Olive Avenue to Walnut Avenue, Plan No, 12823 (SS12-012). (#4321) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 3/3/2016 Joint Regular Meeting Agenda March 7, 2016 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Cooperative Agreement with the City of Colton for the Improvements to Hunts Lane from Washington Avenue North Up to the Union Pacific Railroad Overpass and Johnston Street from Mount Vernon Avenue West to Bordwell Street. (#4322) [Ward(s): 3, 6] Motion: Adopt the Resolution. 5N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Execution of a Third Amendment to the Agreement with Quality Light and Electric for the Purchase of Street Light Materials & Supplies and Appropriating $150,000 to the Public Works Operations and Maintenance Division Account No. 126-400-0092-5111 "Materials & Supplies" from Unallocated Gas Tax Funds. (#4294) [Ward(s): All] Motion: Adopt the Resolution. 50. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of $150,000 of Previously Unallocated HUTA (Gas Tax) Funds (Fund 126) and Authorizing the Execution of a Third Amendment to the Agreement with Quality Light and Electric for Street Light Repair Services. (#4293) [Ward(s): All] Motion: Adopt the Resolution. 5P. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal and Appropriation of Funds of the Waste Tire Cleanup Grant Application from the Department of Resources Recycling and Recovery (CalRecycle). (#4295) [Ward(s): All] Motion: Adopt the Resolution. 6. PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. 6A. City Manager Public Hearing and Request for Council Approval of the One -Year 2016-2017 Action Plan (#4268) [Ward(s): All] Mayor to open the hearing... Motion: Continue the hearing until March 21, 2016. Mayor and Common Council of the City of San Bernardino Page 7 Printed 3/3/2016 Joint Regular Meeting Agenda March 7, 2016 613. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Substantial Amendment to the CDBG Consolidated Annual Action Plan for Fiscal Year 2015/2016; and Authorizing the City Manager or His Designee to Amend the 2015/2016 Fiscal Year Budget, Execute, on Behalf of the City, After Review and Approval by the City Attorney, Such Documents as Requested by the United States Department of Housing and Urban Development to Effectuate the Supplemental Appropriation. (#4266) [Ward(s): 1] Mayor to open the hearing... Motion: Close the hearing; and adopt the Resolution. 6C. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Approving General Plan Amendment 15-01 to Change the Land Use Designation of 10.94 Acres from Residential to Residential and Commercial and Development Code Amendment (Zoning Map Amendment) 15-03 to Change the Zoning District from Residential Medium (RM) to Residential Medium (RM) and Commercial General (CG -1) in Order to Allow the Development, Establishment of Operation of a Commercial Building Containing Approximately 3,000 Square Feet with a Drive-Thru. the Project Site is Located on the Northeast Corner of University Parkway and State Street. (FIRST READING); And, Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Mitigated Negative Declaration and Approving Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type -P 15-02 and Conditional Use Permit 15-13 to Allow the Development, Establishment and Operation of a Commercial Building Containing Approximately 3,000 Square Feet with a Drive-Thru on a Parcel Containing Approximately 1.14 Acres Located on the Northeast Corner of University Parkway and State Street (APN: 0266-101- 29) Within the Proposed Commercial General (CG -1) Zone. (#4316) [Ward(s): 5] Mayor to open the hearing... Motion: Close the hearing; lay over Ordinance for final adoption; and adopt the Resolution adopting the Mitigated Negative Declaration; and, approving Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type -P 15-02 and Conditional Use Permit 15- 13, based upon the recommended Findings of Fact and Conditions of Approval. Mayor and Common Council of the City of San Bernardino Page 8 Printed 3/3/2016 Joint Regular Meeting Agenda March 7, 2016 7. STAFF REPORTS 7A. Council Office Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement with the Center for Employment Opportunities for Citywide Right of Way Maintenance. (#4247) [Ward(s): All] Motion: Adopt the Resolution. 7B. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement with the Matich Corporation for City Requested Additional Work for the "E" Street Improvement Project. (#4287) [Ward(s): 2] Motion: Adopt the Resolution. 7C. Water Audited Annual Financial Report of the Water Department's Water and Sewer Utilities for Fiscal Year Ended June 30, 2015 (#4300) [Ward(s): All] Motion: Receive and file. 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 MAYOR, COUNCIL 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, March 21, 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 3/3/2016 Joint Regular Meeting Agenda March 7, 2016 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 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 3/3/2016