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Home My WebLink About10-17-2016 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; AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, OCTOBER 17, 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 CITY ATTORNEY Georgeann "Gig!" 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 must be turned in to the City Clerk by 4:30 pm the day of the meeting. o You may email your request to speak to publiccomments(cDsbcity.org if you cannot turn it in in person in time. 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 6 -minute -per -person time limit for all comments, excluding public hearings. 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 October 17, 2016 Call to Order 1 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 Bessine L. Richard ❑ ❑ ❑ Council Member, Ward 7 James Mulvihill ❑ ❑ ❑ Mayor R. Carey Davis ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Attorney Gary D. Saenz ❑ ❑ ❑ City Manager Mark Scott ❑ ❑ ❑ 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 Steve Rouchleau v. City of San Bernardino, WCAB Case No. ADJ200851 and ADJ9269559; Carla Velarde v. City of San Bernardino, WCAB Case No. ADJ9139904 and ADJ9140029; Steve Newcomer v. City of San Bernardino, WCAB Case No. ADJ8258057 and ADJ9293312; Betty Bryson v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1312657; Melissa Kelley v. John Plasencia, et al. - San Bernardino Superior Court, Case No. CIVDS 1209109; Siobhan Sansone v. City of San Bernardino, et al. v. City of San Bernardino, et al. - United States District Court Case No. CV 15-01009 SJO. Mayor and Common Council of the City of San Bernardino Page 2 Printed 10/13/2016 Joint Regular Meeting Agenda October 17, 2016 2. 3. 4. 4A. 4B. 4C. 4D. 4E. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). Michael Fowler v. City of San Bernardino - Claim No. CSBY-9864; Kevin Jeffrey v. City of San Bernardino - Claim No. CSBY-9592. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). 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): 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. CLOSED SESSION REPORT APPOINTMENTS PRESENTATIONS 10th Unveiling of the Hometown Heroes Military Banners — Council Members Marquez, Valdivia and Shorett Student of the Month — Areli Lopez, Middle College High School - Council Member Valdivia Citizen of the Month — Benita Rodriguez - Council Member Richard Muscupiabe Neighborhood Association — Lynne Wear Bankruptcy/Strategic Planning Update -- Management Partners 4F. Chamber of Commerce & Local Elected Officials Announcements Mayor and Common Council of the City of San Bernardino Page 3 Printed 10/13/2016 Joint Regular Meeting Agenda October 17, 2016 PUBLIC COMMENTS FOR ITEMS LISTED ON THIS AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council on any item on the agenda, excluding public hearings. There is no limit to the number of items that may be discussed within the three-minute time limit. To be called on by the Mayor, please turn in speaker slips to the City Clerk by 4:30 p.m. the day of the meeting. If you wish, you may email your speaking request to publiccomments(o)-sbcity.org prior to the beginning of the meeting. 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. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances (#4692) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated October 17, 2016. 5113. City Clerk Council Minutes -- October 10, 2016 (#4686) [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council meeting of October 10, 2016, as submitted. 5C. Civil Service Personnel Actions - Classified (#4228) [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. 5D. Civil Service Resolution of the Mayor and Common Council of the City of San Bernardino Revising Civil Service Rules 305, 401.1, 411, 412, 500.2, and 510 Regarding Qualification and Disqualification of Applicants and Voluntary Demotions. (#4653) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 10/13/2016 Joint Regular Meeting Agenda October 17, 2016 5E. Finance Approval of Commercial Checks and Payroll Checks (#4670) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5F. Finance Receive and File the Annual Financial Report for Fiscal Year Ending June 30, 2015 (#4676) [Ward(s): ] Motion: 5G. Finance 5H. 51. Receive and File. Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Agreement for Auditing Services Between the City of San Bernardino and the Pun Group LLP. (#4677) [Ward(s):] Motion: Adopt the Resolution. Public Works Ordinance of the Mayor and Common Council of the City of San Bernardino Amending the San Bernardino Municipal Code, Title 8, Health and Safety, Article 24 Entitled "Refuse and Solid Waste", Incorporating and Repealing Article 8.24.5 Entitled "Construction and Demolition Waste Recycling Program" and Article 8.25, Entitled "Scrap Tires." (First Reading) (#4678) [Ward(s): All] Motion: Lay over ordinance for final adoption. 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 Pumalo Street at Erwin Avenue, and Pumalo Street at Conejo Drive, Declaring College Avenue a through Highway from University Parkway to and Including Lilac Street and to Establish a Three Way Stop at the Intersection of Allen Street and Julia Street. (#4622) [Ward(s): 1, 5 & 7] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 10/13/2016 Joint Regular Meeting Agenda October 17, 2016 5J. Public Works 5K 1.1 Resolution of the Mayor and Common Council of the City of San Bernardino Approving Master Agreement Administering Agency -State Agreement No. 08- 5033F15 with the State of California, Department of Transportation (Caltrans) for Federal -Aid Projects and Authorizing the City Manager to Execute Said Agreement and All Program Supplements to the Master Agreement. (#4650) [Ward(s): All] Motion: Adopt the Resolution. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Making Application to the Local Agency Formation Commission to Provide City Sewer Services to Property Within Unincorporated Territory Located at 20225 Kendall Drive. (#4633) [Ward(s): N/A - Surrounded by Ward 6] Motion: 1). Authorize the Director of Public Works to initiate proceedings For the provision of City sewer services outside of City boundaries for property located at 20225 Kendall Drive(APN:0266-021-28, 0266-021-29, 0266-021-49, 0266- 021-51 and 0266-012-13); and 2). Adopt the Resolution. PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. (#4674) [Ward(s): All] Mayor to open the hearing... Motion: 1). Close the Public Hearing; direct the City Clerk to administratively remove any properties from Exhibit "A" which have been paid prior to the hearing; and 2). Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 10/13/2016 Joint Regular Meeting Agenda October 17, 2016 M.: 7. 7A 8. 9. 10 11 Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-06 Amending Chapter 19.06 (Commercial Zones) Section 19.06.030(2)(Q) (Development Standards)(Specific Standards for Commercial Zones) (Recycling Facilities for Reusable Domestic Containers) of the Development Code (Title 19) of the San Bernardino Municipal Code to Establish Development Standards and an Approval Process for Unattended Collection Boxes or Similar Structures in Non -Residential Zoning Districts. (FIRST READING) (#4609) [Ward(s): All] Mayor to Open the Public Hearing... Motion: 1). Close the Public Hearing; and 2). Lay over Ordinance for final adoption. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Substantial Amendment to the HUD Fiscal Year 2015-2019 Consolidated Plan and Fiscal Year 2016-2017 Annual Action Plan. (#4663) [Ward(s): All] Motion: 1). Close the Public Hearing; and 2). Adopt the Resolution. Staff Reports Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Vendor Services Agreement Between the City of San Bernardino and Overland, Pacific & Cutler, Inc. for Relocation Services and Approving Certain Related Actions (#4683) [Ward(s): One] Motion: Adopt the Resolution. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA ITEMS TO BE REFERRED TO COUNCIL COMMITTEES ANNOUNCEMENTS BY MAYOR, COUNCIL AND EXECUTIVE STAFF 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, November 7, 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 7 Printed 10/13/2016 Joint Regular Meeting Agenda October 17, 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 8 Printed 10/13/2016