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Home My WebLink About03-21-2016 Jt. Reg Mtg AgendaCITY OF SAN BERNAKu�NTY CLERK 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 21, 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 COUNCIL MEMBER, WARD 1 Benito Barrios 1" John Valdivia COUNCIL MEMBL.f<, WARD 3 Fred Shorett COUNCIL MEMBER, WARD 4 Henry Nickel C(-)1 WIL MEMBF' WARD .5 Bessine Richard COUNCIL MEMBER, WARD 6 R. Carey Davis James L. Mulvihill COUNCII MEMBER, WARD 7 Mark Scott CITY MANAGER Gary D. Saenz CITY ATTOR4 Georgeann "Gigi" Hanna David Kennedy 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 httpJ/www. sbcity. org. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda March 21, 2016 CALL TO ORDER Attendee Name Present ii Council Member, Ward 6 Bessine L. Richard ❑ ❑ ❑ 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 Bessine Richard ❑ ❑ ❑ 4 Council Member, Ward 7 James Mulvihill ❑ ❑ ❑ Mayor R. Carey Davis ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Attorney Gary D. Saenz ❑ ❑ ❑ City Manager Mark Scott ❑ _ ❑ ❑ 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. 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 D. Closed Session - personnel - pursuant to Government Code Section 54957(b). 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 Mayor and Common Council of the City of San Bernardino Page 2 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 2016 services or public facilities - pursuant to Government Code Section 54957(a). F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Fire Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. CLOSED SESSION REPORT 3. APPOINTMENTS 4. PRESENTATIONS 4A. Recognition of Councilwoman Virginia Marquez for Receiving "Woman of the Year" from Assembly Member Cheryl Brown — Mayor R. Carey Davis 4B. Certificate of Recognition for San Bernardino's Homeless Access Center - Congressman Aguilar 4C. Certificate of Recognition for San Bernardino's Homeless Access Center - Assembly Member Brown 4D. Proclamations Designating March 30, 2016 as "Welcome Home Vietnam Veterans Day" to be presented to American Legion Auxiliary Unit 14 — Council Member Marquez; American Legion Auxiliary Unit 777 — Council Member Shorett; and American Legion Auxiliary Unit 710 — Council Member Richard 4E. Student of the Month — Celeste Meza, Indian Springs High School — Council Member Marquez 4F. Citizen(s) of the Month — Community Emergency Response Team (CERT) — Sergeant Eric Fyvie, San Bernardino Police Department, and 36 Members — Council Member Nickel 4G. Economic Development Update — Deputy City Manager Bill Manis 4H. Bankruptcy, Strategic Planning and Charter Committee Updates — Management Partners 41. Chamber of Commerce & Local Elected Officials Announcements Mayor and Common Council of the City of San Bernardino Page 3 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 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. The consent items are hose numbered 5A through 5Y. 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 (#4324) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated March 21, 2016. 513. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease with Inland Empire Surf Soccer Club for the Blast Soccer Complex at Al Guhin Park. (#4326) [Ward(s): 5] Motion: Adopt the Resolution. 5C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease with YMCA of the East Valley for a Portion of Perris Hill Park. (#4323) [Ward(s): 2] Motion: Adopt the Resolution. 5D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Take All Necessary Actions to Effectuate the Agreement with Burrtec Waste Industries, Inc. for Refuse Services. (#4370) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 2016 5E. Civil Service Personnel Actions - Classified (#4214) [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. 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. (FINAL READING) (#4316) [Ward(s): 5] Motion: Adopt the Ordinance. 5G. 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. (#4349) [Ward(s): All] Motion: Adopt the Resolution. 5H. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Three to the Consultant Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review, Building Official, and Counter Services. (#4332) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 2016 51. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the Consultant Services Agreement with Civic Solutions for Project Management Services for the Processing of Specific Plan Projects. (#4348) [Ward(s): All] Motion: Adopt the Resolution. 5J. Finance Approval of Commercial Checks and Payroll Checks (#4337) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5K. Finance 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 a Contract with California Public Employees' Retirement System. (#4354) [Ward(s): N/A] Motion: Adopt the Resolution. 5L. Finance 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 Employer Pick Up of Tax Deferred Member Paid Contributions. (#4360) [Ward(s): N/A] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 2016 5M. Finance 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, Electing to be Subject to the Public Employees' Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants. (#4359) [Ward(s): N/A] Motion: Adopt the Resolution. 5N. Human Resources Personnel Actions - Unclassified (#4050) [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. Police Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Destruction of Certain Obsolete Records by the San Bernardino Police Department. (#4305) [Ward(s): 1] Motion: Adopt the Resolution. 5P. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Receipt, Obligation, and Expenditure of the FY 2015/2016 Homeland Security Grant Program Funds in the Amount of $81,483, and the Issuance of a Purchase Order to Mallory Safety & Supply in an Amount Not to Exceed $81,483. (#4356) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 2016 5Q. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution.... Designating Certain Streets or Portions Thereof as through Highways" to Establish a One - Way Stop at the Intersections of Garner Avenue at Fifteenth Street, Garner Avenue at Evans Street and Ohio Avenue at Brenda Lane and to Establish a Three Way Stop at the Intersection of State Street and College Avenue." (#4358) [Ward(s): 5,6] 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 Two Ground License Agreements with Sprint Communications Company for Access to Communications Conduit Beneath the City. (#4340) [Ward(s): All] Motion: Adopt the Resolution. 5S. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Two Funding Agreements with Omnitrans for 13 Bus Stop Locations Within the City, Funded by 2013 TDA Article 3 Grant Funding. (#4292) [Ward(s): Al 1] Motion: Adopt the Resolution. 5T. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Summary Vacation of a North-South Alley South of Rialto Avenue and East of 1-215 Freeway. (#4344) [Ward(s): 3] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 2016 5U. Successor Agency Resolution of the Mayor and Common Council Acting as the Successor Agency to Redevelopment Agency of the City of San Bernardino Approving the Transfer of Certain Real Property Assets to the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Pursuant to California Health and Safety Code § 34176 and Approving Certain Related Actions. (#4363) [Ward(s): All] Motion: Adopt the Resolution. 5V. 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 Acceptance of Certain Real Property Assets Transferred from the Successor Agency of the Redevelopment Agency of the City of San Bernardino Pursuant to California Health and Safety Code § 34176 and Approving Certain Related Actions. (#4362) [Ward(s): All] Motion: Adopt the Resolution. 5W. Successor Agency Resolution of the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving a Bond Expenditure Agreement Between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino and Approving Certain Related Actions. (#4365) [Ward(s): All] Motion: Adopt the Resolution. 5X. Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Bond Expenditure Agreement Between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino and Approving Certain Related Actions. (#4364) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 2016 5Y. Water Resolution of the Mayor and Common Council of the City of San Bernardino Designating Property Located at 1350 S. "E" Street for Use by the Water Department, Removing the Designation for Use by the Water Department of Property Located East of North Sterling Avenue and North of Foothill Drive and Authorizing the City Manager to Execute a Memorandum of Understanding Between the Mayor and Common Council and the Board of Water Commissioners Regarding the Land Designations. (#4351) [Ward(s): 3, 4] 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] The hearing remains open. Motion: Continue the hearing until April 4, 2016. 7. STAFF REPORTS 7A. 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 (#4369) [Ward(s): All] Motion: Discuss and take possible action. 7B. Council Office 2016 League of California Cities New Mayors and Council Members Academy Conference Update (At Meeting of February 16, 2016, Item Continued to March 21, 2016) (#4298) [Ward(s): All] Motion: Receive and file. 7C. Council Office Election of Mayor Pro Tempore (#4355) [Ward(s): All] Motion: Elect a Council Member to serve as Mayor Pro Tempore until March 20, 2017. Mayor and Common Council of the City of San Bernardino Page 10 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 2016 7D. Water Audited Annual Financial Report of the Water Department's Water and Sewer Utilities for Fiscal Year Ended June 30, 2015 (At Meeting of March 7, 2016, Item Continued to March 21, 2016) (#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/COUNCIL MEMBER REQUESTS 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, April 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 11 Printed 3/17/2016 Joint Regular Meeting Agenda March 21, 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 12 Printed 3/17/2016