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Home My WebLink About05-16-2016 Jt. Reg Mtg AgendaCITY 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, MAY 16, 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 COUNCIL MEMBER, WARD 2 John Valdivia COUNCIL MEMBER, WARD 3 Fred Shorett COUNCIL MEMBER, WARD 4 Henry Nickel COUNCIL MEMBER, WARD 5 Bessine L. Richard COUNCIL MEMBER, WARD 6 R. Carey Davis MAYOR James L. Mulvihill COUNCIL MEMBER, WARD 7 Mark Scott CITY MANAGER Gary D. Saenz (;ITY 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 May 16, 2016 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia MarquezEl❑ ElCouncil Member, Ward 2 Benito Barrios ❑ ❑ ❑ Council Member, Ward 3 John Valdivia ❑ ❑ ❑ Council Member, Ward 4 Fred Shorett ! __.. ❑❑ ❑_. Council Member, Ward 5 Henry Nickel El ❑ ❑ _ _ Council Member, Ward 6 Bessine L. Richard _. ❑ ❑ ❑ Council Member, Ward 7 James L. Mulvihill ❑ ❑ ❑ Mayor R. Carey Davis ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Attorney Gary D. Saenz ❑ ❑ ❑ City Attorney 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): City v. Simmons City v. ALMALU Investments City v. Calderon City v. Castlegate Properties, LLC City v. Chase Home Finance, LLC City v. Medina 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 services or public facilities - pursuant to Government Code Section 54957(a). Mayor and Common Council of the City of San Bernardino Page 2 Printed 5/9/2016 Joint Regular Meeting Agenda May 16, 2016 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 Thomas E. Seccombe to the Community Development Citizen Advisory Committee - Council Member Virginia Marquez (#4436) [Ward(s): 1] Motion: Approve the appointment of Thomas E. Seccombe to the Community Development Citizen Advisory Committee as requested by Council Member Virginia Marquez. 4. PRESENTATIONS 4A. Citizen(s) of the Month — Mario Montecino — Council Member Marquez 4B. Proclamation Designating May as "Law Enforcement Month" — Mayor R. Carey Davis 4C. Special Recognition for Andrea Contreras -Vasquez, San Bernardino High School — Mayor R. Carey Davis 4D. City of San Bernardino Art Night — May 19, 2016 — Community Development Director Mark Persico 4E. Habitat for Humanity — Brush Up San Bernardino — Dennis Baxter 4F. Bankruptcy/Strategic Planning Update -- 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 this meeting are those numbered 5A through SN. 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. Mayor and Common Council of the City of San Bernardino Page 3 Printed 5/9/2016 Joint Regular Meeting Agenda May 16, 2016 5A. City Clerk Waive Full Reading of Resolutions and Ordinances (#4408) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated May 16, 2016. 5B. City Attornev An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 2.12 of the San Bernardino Municipal Code, Repealing Chapters 2.32 and 15.16 of the San Bernardino Municipal Code, Ratifying the San Bernardino County Fire Protection District Fire Code (Ord. No. FPD 14-03) and Fees for San Bernardino County Fire Protection District (Ord. No. FPD 15- 01). (FINAL READING) (#4432) [Ward(s): N/A] Motion: Adopt the Ordinance. 5C. City Attornev Resolution of the Mayor and Common Council of the City of San Bernardino Acting as Governing Board of the San Bernardino Joint Powers Financing Authority Authorizing Execution of a Closing Agreement with the Internal Revenue Service to Resolve Potential Tax Liability; and Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino Authorizing Payment of $1,003,178.34 to the United States Treasury to Resolve Potential Tax Liability. (#4450) [Ward(s): All] Motion: Adopt the Resolutions. 5D. City Manager Authorize Mayor to Sign and Send Letter to State of California Regarding Funding of San Bernardino Employment and Training Agency and Continued Provision of Workforce Development Services in the City of San Bernardino (#4449) [Ward(s): All] Motion: Authorize Mayor to sign and send letter. 5E. Civil Service Personnel Actions - Classified (#4218) [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 4 Printed 5/9/2016 Joint Regular Meeting Agenda May 16, 2016 5F. Finance Approval of Commercial Checks and Payroll Checks (#4426) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5G. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute an Agreement to Approve Amendments to the Amended and Restated Joint Exercise of Powers Agreement Amending and Reestablishing the Governing Document of Omnitrans. (#4424) [Ward(s): All] 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 an Agreement and Issuance of an Annual Purchase Order with Two (2) One -Year Extensions at the City's Option to Quality Light and Electrical for Park Light Repair Services. (#4415) [Ward(s): All] Motion: Adopt the Resolution. 51. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of Funds from the Department of Resources Recycling Recovery (CalRecycle) Oil Payment Program Application for FY 2014- 15 into the FY 2015-16 Budget. (#4418) [Ward(s): All] Motion: Adopt the Resolution. 5J. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Contract No. 16-1001476, a Memorandum of Understanding with the San Bernardino Associated Governments for the Development of the Mount Vernon Avenue Grade Separation Over the BNSF Railway Intermodal Yard Project. (#4430) [Ward(s): 1,3] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 5/912016 Joint Regular Meeting Agenda May 16, 2016 5K. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to the Vendor Purchase Agreement with Vulcan Materials Company for Purchase of Asphalt Materials for Street Repairs. (#4417) [Ward(s): All] Motion: Adopt the Resolution. 5L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to the Vendor Service Agreement with Houston & Harris PCS, Inc. for the Cleaning and Video Inspection of the Sewer System. (#4421) [Ward(s): All] Motion: Adopt the Resolution. 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract in the Amount of $423,604.92 to Martinez Concrete, Inc., Per Plan No. 13036 (SS -B) for Construction of Ada Access Ramp & Sidewalk Improvements. (#4419) [Ward(s): 2] Motion: Adopt the Resolution. 5N. Water Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to 5959 Palm Avenue Investors LLC for that Certain Easement Granted to the City for Water Pipelines Across APN 0266-041-82 and APN 0266-041-83. (#4433) [Ward(s): 6] Motion: Adopt the Resolution. 6. STAFF REPORTS 6A. City Clerk Volunteer Citizen -Based Charter Review Committee Final Report to MCC (#4448) [Ward(s): All] Motion: Discuss and take possible action. Mayor and Common Council of the City of San Bernardino Page 6 Printed 5/9/2016 Joint Regular Meeting Agenda May 16, 2016 6B. City Manager Discuss and Take Possible Action Regarding Conduction of a Survey to Gauge Community Attitudes Toward the Legislation and Regulation of Marijuana (#4442) [Ward(s): All] Motion: Discuss and take possible action. 6C. City Manager Third Quarterly Presentation on San Bernardino's Regional Access Center (#4296) [Ward(s): 1] Motion: Receive and file. 6D. Council Office 2016 SIA Education @ ISC West International Security Conference & Exposition Sands Expo - Las Vegas, NV (#4431) [Ward(s): All] Motion: Receive and file. 6E. Council Office Discuss and Take Possible Action to Change the Mayor and Common Council Meeting Open Session Start Time (#4386) [Ward(s): All] Motion: Direct the City Attorney to draft an amendment to San Bernardino Municipal Code Section 2.58.010(A) to change the start time of Closed Session to 5:01 p.m. and the start time of Open Session to 6:30 p.m. 7. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA -- TO BE HEARD AT 6:30 P.M. 8. SUPPLEMENTAL ADDITION TO CONSENT CALENDAR 8A. Human Resources Personnel Actions - Unclassified (#4439) [Ward(s): All] Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City, Community Development Commission and Economic Development Agency policies and procedures. 9. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES 10. ANNOUNCEMENTS BY MAYOR, COUNCIL AND EXECUTIVE STAFF Mayor and Common Council of the City of San Bernardino Page 7 Printed 5/9/2016 Joint Regular Meeting Agenda May 16, 2016 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, June 6, 2016, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. 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 8 Printed 5/9/2016