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HomeMy WebLinkAbout05-15-2017 Jt. Reg Mtg AgendaCITY OF SAN BERNARDINO AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, MAY 15, 2017 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 R. Carey Davis James Mulvihill COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Benito Barrios Mark Scott COUNCIL MEMBER, W ARD 2 CITY MANAGER John Valdivia Gary D. Saenz COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Georgeann “Gigi” Hanna COUNCIL MEMBER, W ARD 4 CITY CLERK Henry Nickel David Kennedy COUNCIL MEMBER, W ARD 5 CITY TREASURER Bessine L. Richard COUNCIL MEMBER, W ARD 6 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@sbcity.org if you cannot turn it in in person prior to 4:30 pm. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o Public comments for agenda items that are not public hearings 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 www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda May 15, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 05/09/2017 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Virginia Marquez    Council Member, Ward 2 Benito 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 City Council and the Mayor and City 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. 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 AMF 1278, LLC, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. CIVDS 1702219 Kush Concepts Collective, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. CIVDS 1702131 Michael Lee, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. CIVDS 1704539 Quiang Ye, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. CIVDS 1704276 Paul Triplett v. City of San Bernardino, et al., United States District Court Case No. CV08-07257 MWF(AJWx) Marisa Havins v. City of San Bernardino, WCAB Case Nos. ADJ10456478 & ADJ10575237 Patrick Pritchett v. City of San Bernardino, WCAB Case Nos. ADJ8835913 & ADJ8835829 Joint Regular Meeting Agenda May 15, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 05/09/2017 B. CONFERENCE WITH LABOR NEGOTIATOR – Pursuant to Government Code Section 54957.6: Negotiator: Helen Tran, Human Resources Director Mark Scott, City Manager Employee Organizations: Middle Management CLOSED SESSION REPORT PRESENTATIONS 1. Summer Reading Program 2017 2. Present a Citizen of the Month award to Cheryl Brown – Council Member Richard 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 City 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 individual 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@sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. CONSENT CALENDAR There will be no separate discussion of Consent Calendar items unless a Council member requests that the item be 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 that time. 3. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of resolutions and ordinances on the agenda dated May 15, 2017. 4. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for April 2017. Joint Regular Meeting Agenda May 15, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 05/09/2017 5. Vacation of Century Avenue between Showcase Drive North and Camino Real Recommendation: Adopt a Resolution of Intention to conduct a Public Hearing to consider the Vacation of Century Avenue between Show Case Drive North and Camino Real. 6. Amendment One to Professional Services Agreement with R.T. Desai & Associates for Accounting Consultant Services Recommendation: Adopt a Resolution authorizing the Amendment One to the Professional Services Agreement between the City of San Bernardino, California, and R.T. Desai and Associates for Accounting Consulting Services. 7. Authorization for the City Manager to Reinstate Payouts for all Employees’ Accrued Post-Petition Leave Bank Payoffs, Cash-outs, or Sellbacks Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to reinstate payouts for all employees’ accrued post-petition leave bank payoffs, cash-outs, or sellbacks pursuant to Memorandums of Understanding. 8. Second Amendment to the Consultant Services Agreement between the City of San Bernardino and Flores & Associates Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Second Amendment to the Consultant Services Agreement between the City of San Bernardino and Flores & Associates. PUBLIC HEARINGS 9. FY 2017-18 HUD Annual Action Plan Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Fiscal Year 2017-18 United States Department of Housing and Urban Development (HUD) Annual Action Plan. Joint Regular Meeting Agenda May 15, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 05/09/2017 10. Refuse Accounts Liens Recommendation: Conduct a Public Hearing related to the Placement of Liens for Refuse Accounts delinquent as of December 2016 and January 2017, and adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, making determinations and confirming assessments and proceedings for unpaid solid waste collection services. 11. San Bernardino County Code Related to the Abatement of Fire Hazards and Hazardous Trees with local amendments (Chapter 3 of Division 3 of Title 2 of San Bernardino County Code) – Final Reading and Adoption Recommendation: Accept for final reading and adopt an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting by reference Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code related to the abatement of fire hazards and hazardous trees with local amendments. STAFF REPORTS 12. 2016 Audited Financial Statements Recommendation: Receive a presentation of the completed audited financial statements for Fiscal Year 2016. 13. Charter Implementation Update; Ordinance repealing and replacing Chapter 2.50 of the City of San Bernardino Municipal Code to implement the provisions of the newly adopted City Charter; Personnel Commissioner Appointments; Amendments to the Civil Service/Personnel Rules; and Delete the Chief Examiner Classification (U) and Establish the Administrative Services Officer (U) Job Description and Classification Recommendation: 1. Introduce for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 2.50 of the City of San Bernardino Municipal Code related to the Civil Service/Personnel rules and regulations and replacing it with a new Chapter 2.50 related to the Personnel Commission. 2. Appoint the Civil Service Board of Commissioners to serve as the Personnel Commission until replaced by further action of the Mayor and City Council. Joint Regular Meeting Agenda May 15, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 05/09/2017 3. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving amendments to Civil Service/Personnel Rules 513- 513.5 and 601 pursuant to Chapter 2.50 of the Municipal Code; delegating authority for disciplinary appeals referenced in Rules 513-513.5 and 601 to the Personnel Commission; delegating authority for any action in the Civil Service/Personnel Rules previously assigned to the Civil Service Board other than disciplinary appeals to a Human Resources Department with approval from the appointing authority; delegating authority for any action referenced in the Civil Service/Personnel Rules previously assigned to the Chief Examiner to a designee of the appointing authority under the auspices of the Human Resources Department. 4. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing and approving the classification and job description of Administrative Services Officer (U) and deleting the classification of Chief Examiner (U). 14. Property Tax Exchange Related To Local Agency Formation Commission 3188A – Reorganization to Include Annexations to the City of San Bernardino and to San Bernardino County Fire Protection District Zones FP-5 and FP-5 San Bernardino and Detachment from County Service Area 70 Recommendation: Consider the recommended property tax exchange agreement that has been adopted by San Bernardino County and decide whether to accept it or to move forward with alternate dispute resolution process. 15. Property Assessed Clean Energy (PACE) Programs Recommendation: Review and discuss the Property Assessed Clean Energy (PACE) Programs, recent changes to the San Bernardino Council of Governments (SBCOG) Home Energy Renovation Opportunity (HERO) Program and provide direction. 16. Election of Mayor Pro Tempore Recommendation: Open nominations for a member of the City Council to serve as Mayor Pro Tempore until December 20, 2017. Joint Regular Meeting Agenda May 15, 2017 Mayor and City Council of the City of San Bernardino Page 7 Printed 05/09/2017 17. Amendment of the CalPERS Contract to Establish a New Retirement Benefit Formula for Police Safety – Final Reading and Adoption Recommendation: Accept for final reading and adopt an Ordinance of Mayor and City Council of the City of San Bernardino, California, authorizing an amendment to the contract between the Mayor and City Council of the City of San Bernardino and the Board of Administration of the California Public Employees’ Retirement System. 18. Settlement and Release Agreement with ACAA Limited Partnership Related to 542 N. Mt. Vernon Avenue, San Bernardino Recommendation: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Settlement and Release Agreement between the City of San Bernardino and ACAA Limited Partnership related to 542 N. Mt. Vernon Avenue, San Bernardino, California, and approving certain related actions. 19. Documents Effecting the Negotiated Debt Restructuring of the 2005 Pension Obligation Bonds, the 1996 Lease Revenue Refunding Bonds, and the 1999 Refunding Certificates of Participation Recommendation: Adopt the attached resolutions giving the City Manager and other authorized officers, on behalf of the City, and the Mayor and other authorized officers, on behalf of the San Bernardino Joint Powers Financing Authority (JPFA), authority to execute the documents that effect the results of settlement negotiations approved by the Federal Bankruptcy Court relative to (i) the 2005 Pension Obligation Bonds (2005 POBs), (ii) the 1996 Lease Revenue Refunding Bonds (1996 Bonds), and (iii) the 1999 Refunding Certificates of Participation (1999 COPs). 20. League of California Cities 2017 Legislative Action Day Recommendation: Receive an oral report by Council Member Valdivia. 21. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 22. ITEMS TO BE REFERRED TO CITY COUNCIL COMMITTEES 23. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF Joint Regular Meeting Agenda May 15, 2017 Mayor and City Council of the City of San Bernardino Page 8 Printed 05/09/2017 24. ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, June 7, 2017, in the Board Room located at 201 North E Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. Open Session will begin at 5:00 p.m. Joint Regular Meeting Agenda May 15, 2017 Mayor and City Council of the City of San Bernardino Page 9 Printed 05/09/2017 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City 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 City Council and the Mayor and City 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 City Council and the Mayor and City 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 City Council and the Mayor and City 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 City Council and the Mayor and City 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 City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City 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 City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City 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.