HomeMy WebLinkAbout08-17-2015 Jt Reg Mtg AgendaCITY OF SAN BERNE
CITY CLERK...,-,
AGENDA
FOR THE
JOINT REGULAR MEETING OF THE MA) "OR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AN D COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ACTING AS THE SU ICESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, MAYOR AND COMMG N COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR f iOUSING AGENCY TO THE
REDEVELOPMENT AGENCY, AND MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACTING AS THE HOL(SING AUTHORITY
MONDAY, AUGUST 17, 2015
2:00 PM — CLOSED SESSION 4:00 PM — OPEN SESSION
COUNCIL CHAMBER • 300 NORTH "D" STREET • 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
Rikke Johnson
COUNCIL MEMBER, WARD 6
R. Carey Davis
MAYOR
James L. Mulvihill
COUNCIL MEMBER, WARD
Allen J. Parker
CITY MANAGER
Gary D. Saenz
CITY 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 �Ilwww. sbcity. org.
0 Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting Agenda August 17, 2015
CALL TO ORDER
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;
People of the State of California, acting by and through the
Department of Transportation, et al. v. Leopoldo Eduardo Wenzel and
Maria Eliana Lois Wenzel, et al. - San Bernardino Superior Court,
Case No. CIVDS 1414588;
Katie Irvin v. Casa Ramona Academy for Technology Community and
Education Inc., et al. - San Bernardino Superior Court, Case No.
CIVDS 1201930;
People of the State of California, by and through the City Attorney's
Office for the City of San Bernardino, et al. v. Big B's National
Healing Corporation, et al. - San Bernardino Superior Court, Case No.
CIVDS 1511161.
B. Conference with legal counsel - anticipated litigation - significant exposure
to litigation - pursuant to Government Code Section 54956.9(d)(2).
Mayor and Common Council of the City of San Bernardino Page 2 Printed 8/13/2015
Council Member, Ward 1 Virginia Marquez
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Council Member, Ward 2 Benito J. Barrios
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Council Member, Ward 3 John Valdivia
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Council Member, Ward 4 Fred Shorett
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Council Member, Ward 5 Henry Nickel
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Council Member, Ward 6 Rikke Johnson
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Council Member, Ward 7 James Mulvihill
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Mayor R. Carey Davis
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City Clerk Georgeann "Gigi" Hanna
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City Manager Allen Parker
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City Attorney Gary D. Saenz
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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;
People of the State of California, acting by and through the
Department of Transportation, et al. v. Leopoldo Eduardo Wenzel and
Maria Eliana Lois Wenzel, et al. - San Bernardino Superior Court,
Case No. CIVDS 1414588;
Katie Irvin v. Casa Ramona Academy for Technology Community and
Education Inc., et al. - San Bernardino Superior Court, Case No.
CIVDS 1201930;
People of the State of California, by and through the City Attorney's
Office for the City of San Bernardino, et al. v. Big B's National
Healing Corporation, et al. - San Bernardino Superior Court, Case No.
CIVDS 1511161.
B. Conference with legal counsel - anticipated litigation - significant exposure
to litigation - pursuant to Government Code Section 54956.9(d)(2).
Mayor and Common Council of the City of San Bernardino Page 2 Printed 8/13/2015
Joint Regular Meeting Agenda August 17, 2015
C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to Government Code Section 54956.9(d)(4):
City v. Wigington City v. Espino
City v. Chou
D. Closed Session - personnel - pursuant to Government Code Section
54957.
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.
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
4. PRESENTATIONS
4A. Student of the Month — Tony White, Sierra High School — Council Member
Marquez
4B. Certificate Presentation — Resolution Honoring Sue Mandell and Susan
Aguilar of WeTIP — Council Member Valdivia
4C. Citizen(s) of the Month — United Nations of Consciousness — Council
Member Johnson
4D. Bankruptcy/Strategic Planning/Charter Committee Updates — Management
Partners
4E. Chamber of Commerce & Local Elected Officials Announcements
Mayor and Common Council of the City of San Bernardino Page 3 Printed 8/13/2015
Joint Regular Meeting Agenda August 17, 2015
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 are those numbered 5A through 5Q.
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 (#3980) [Ward(s): All] (Back-
up for this item begins on Packet Page 12)
Motion: Waive full reading of resolutions and ordinances on the agenda
dated August 17, 2015.
5B. City Clerk
Council Minutes - June 1, 2015; June 15, 2015; June 22, 2015; and June 30,
2015 (#3901) [Ward(s): All] (Back-up for this item begins on Packet Page 13)
Motion: Approve the Minutes of the Mayor and Common Council Meetings
of June 1, 2015; June 15, 2015; June 22, 2015; and June 30, 2015.
5C. City Attorney
An Ordinance of the Mayor and Common Council of the City of San Bernardino
Repealing Chapter 16.12 Regarding Political Signs. (FINAL READING) (#3955)
[Ward(s): All] (Back-up for this item begins on Packet Page 47)
Motion: Adopt the Ordinance.
5D. City Attorney
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Mayor to Execute a Professional Services Agreement with
Wagner & Pelayes for Legal Services Related to Newberry, Et Al. V. City of San
Bernardino, Et Al. (#3989) [Ward(s): All] (Back-up for this item begins on Packet Page
50)
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 4 Printed 8/13/2015
Joint Regular Meeting Agenda August 17, 2015
5E. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Fourth Amendment to the Consultant Services
Agreement Between the Law Office of Linda L. Daube and the City of San
Bernardino for Labor Negotiator and Bankruptcy Services. (#3987) [Ward(s): All]
(Back-up for this item begins on Packet Page 58)
Motion: Adopt the Resolution.
5F. Civil Service
Personnel Actions - Classified (#3825) [Ward(s): All] (Back-up for this item begins on
Packet Page 64)
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.
5G. Finance
A Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Master Services Memorandum of
Understanding with the Water Department for Provision of City Services for
Fiscal Years 2014-15 and 2015-16.(#3998) [Ward(s): All] (Back-up for this item
begins on Packet Page 92)
Motion: Adopt the Resolution.
5H. Finance
Approval of Checks Warrants and Payroll Checks (#3975) [Ward(s): All] (Back-
up for this item begins on Packet Page 100)
Motion: Approve the claims and payroll and authorize the issuance of
warrants as listed.
Mayor and Common Council of the City of San Bernardino Page 5 Printed 8/13/2015
Joint Regular Meeting Agenda August 17, 2015
51. Finance
Resolution of the Mayor and Common Council of `he City of San Bernardino
Authorizing the City Manager to Execute an Agreement with the State Board of
Equalization for Implementation of the Local Prepaid Mobile Telephone Services
Collection Act;
And a Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Examination of Prepaid Mobile Telephone Services
Surcharge and Local Charge Records (#3984) [Ward (s): All] (Back-up for this item
begins on Packet Page 184)
Motion: Adopt the Resolutions (2).
5J. Human Resources
Personnel Actions - Unclassified (#4002) [Ward(s): Ali] (Back-up for this item begins
on Packet Page 203)
Motion: Approve the unclassified personnel actions, as submitted by the
Human Resources Division Manager, in -ccordance with City
policies and procedures.
5K. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Appropriating $223,841 from Available Fund Balance in Fund 243 — Park
Construction Fund for Fiscal Year 2015-16. (#3986) [Ward(s): 2, 4, 5] (Back-up for
this item begins on Packet Page 206)
Motion: Adopt the Resolution.
51L. 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 a Purchase Order to
Quiel Bros., Inc. for the Installation of a Double Faced Free Standing Pylon Sign
at Perris Hill Park. (#3982) [Ward(s): 2] (Back-up for this item begins on Packet Page
210)
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 6 Printed 8/13/2015
Joint Regular Meeting Agenda August 17, 2015
5M. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Four Year Rental/Service Agreement and
Issuance of a Purchase Order to Odyssey Power, Inc. for the Police
Department's Power Equipment and Services. (#3974) [Ward(s): All] (Back-up for
this item begins on Packet Page 337)
Motion: Adopt the Resolution.
5N. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Issuance of a Purchase Order to Carmax in an Amount Not to
Exceed $55,000.00 for the Purchase of Unmarked Police Vehicles. (#3933)
[Ward(s): All] (Back-up for this item begins on Packet Page 344)
Motion: Adopt the Resolution.
50. 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 and Establishing a
Two -Way Stop at the Intersection of Hanford Street and Grand Street." (#3907)
[Ward(s): 6] (Back-up for this item begins on Packet Page 348)
Motion: Adopt the Resolution.
5P. 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 Subordination of a Deed of Trust in
Connection with a Refinancing of the Senior Mortgage Relating to Real Property
Located at 1415 Lynwood Way, San Bernardino, California. (#3978) [Ward(s): 7]
(Back-up for this item begins on Packet Page 356)
Motion: Adopt the Resolution.
5Q. 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 Subordination of a Deed of Trust in
Connection with a Refinancing of the Senior Mortgage Relating to Real Property
Located at 1650 North J Street, San Bernardino, California. (#3979) [Ward(s): 6]
(Back-up for this item begins on Packet Page 364)
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 7 Printed 8/13/2015
Joint Regular Meeting Ag,inda August 17, 2015
6. PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M.
6A. City Manager
Public Hearing to Receive Citizen Input ,-)n the Proposed Changes Included in
Substantial Amendment #1 to the City of San Bernardino's Community
Development Block Grant (CDBG) 2015,'2016 Budget/Action Plan (#3976)
[Ward(s): All] (Back-up for this item begins on Packet Page 366)
Mayor to open the hearing...
Motion: Close the hearing; and approve :substantial Amendment #1 to the
City of San Bernardino's Community Development Block Grant
(CDBG) 2015/2016 Budget/ Action Plan, allocating an additional
$188,243 to the Parks and Recreation Department CDBG Budget
and changing the FY2016 Project, "Seccombe Lake Park
Improvement Project," to "Anne Shirrells Park Improvement
Project."
7. STAFF REPORTS
7A. City Manager
Authorization to Set a Public Hearing to Receive Citizen Input on the Proposed
Changes Included in Substantial Amendment #2 to the City of San Bernardino's
HOME Investment Partnership Program (HOME) 2015/2016 Budget/Action Plan
(#3996) [Ward(s): All] (Back-up for this item begins on Packet Page 368)
Motion: Set a public hearing for September 21, 2015, which is
approximately 30 days from today's date, to receive citizen input on
a proposed changes to the City's HOME Investment Partnership
Program (HOME) Budget/Action Plan to allocate an additional
$734,000 of HOME funding to the Val 9 project.
7B. City Manager
Release of 2015/2016 Round Two Emergency Solutions Grant (ESG),
2016/2017 Community Development Block Grant (CDBG) Public Services
Program and 2016/2017 Emergency Solutions Grant (ESG) Program Notices of
Funding Availability (NOFA) (#3977) [Ward(s): All] (Back-up for this item begins on
Packet Page 370)
Motion: Receive and file.
7C. Council Office
Ways and Means Committee Update (#3995) [Ward(s): All] (Back-up for this item
begins on Packet Page 466)
Motion: Receive and file.
Mayor and Common Council of the City of San Bernardino Page 8 Printed 8/13/2015
Joint Regular Meeting Agenda August 17, 2015
7D. Mayor's Office
Resolution of the Mayor and Common Council of the City of San Bernardino
Adopting Agenda Guidelines and Council Committee Guidelines and Repealing
Certain Sections of Resolution 2010-252 Concerning Agenda Deadlines and
Responsibilities of the Mayor and Common Council, City Attorney's Office and
the Council Office. (#3999) [Ward(s): All] (Back-up for this item begins on Packet Page
475)
Motion: Adopt the Resolution.
7E. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Allocating Additional FY 2015/16 Community Development Block Grant (CDBG)
Funds to the Anne Shirrells Park Project and Authorizing the City Manager to
Execute an Installation Agreement with NBI General Contractors, Inc. for the
Installation of a Modular Community Center. (#3715) [Ward(s): 6] (Back-up for this
item begins on Packet Page 501)
Mayor to open the hearing...
Motion: Close the hearing; and adopt the Resolution.
7F. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Amending Resolution No 2015-25, Which Approved MOU 15-1001182 Between
the San Bernardino County Transportation Commission and the City of San
Bernardino for the Redlands Passenger Rail Project. (#3983) [Ward(s): 1 & 3]
(Back-up for this item begins on Packet Page 789)
Motion: Adopt the Resolution.
7G. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute Six Agreements for On -Call
Professional Civil Engineering Design and Project Management Services for the
Capital Improvement Program (CIP) and Staff Augmentation. (#3943) [Ward(s):
All] (Back-up for this item begins on Packet Page 805)
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 9 Printed 8/13/2015
Joint Regular Meeting Agenda August 17, 2015
7H. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Awarding Four Contracts to Inland Empire Landscape for the Maintenance of
Landscaping in Various Assessment Districts.
Resolution of the Mayor and Common Council of the City of San Bernardino
Awarding a Contract to RP Landscape for the Maintenance of Landscaping in
Various Assessment Districts.
Resolution of the Mayor and Common Council of the City of San Bernardino
Awarding Two Contracts to Service Scape for the Maintenance of Landscaping in
Various Assessment Districts. (#3969) [Ward(s): 4, 5, 6] (Back-up for this item begins
on Packet Page 1212)
Motion: Adopt the Resolutions (3).
71. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Making a Commitment to Make Additional Funding Available Should Project
Costs Exceed Project's Budget, and Appropriation of Funds for Project
Inspection/Administration for the "E" Street Improvement Project. (#3993)
[Ward(s): 2] (Back-up for this item begins on Packet Page 1538)
Motion: Adopt the Resolution.
7J. Successor Agency
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 the Issuance of a Certificate of Completion Pursuant to
that Certain December 22, 1986 Disposition and Joint Development Agreement,
as Amended, by and Between the Redevelopment Agency of the City of San
Bernardino and SIMA Partnership Number One, a California Partnership, Related
to the Development of Certain Parcels of Real Property Located at the
Intersection of Mill and "G" Streets in the City of San Bernardino and Certain
Related Actions. (#3971) [Ward(s): 3] (Back-up for this item begins on Packet Page
1594)
Motion: Adopt the Resolution.
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
Mayor and Common Council of the City of San Bernardino Page 10 Printed 8/13/2015
Joint Regular Meeting Agenda August 17, 2015
10. ANNOUNCEMENTS BY COUNCIL MEMBERS AND EXECUTIVE STAFF
11. ADJOURNMENT
Adjourn the meeting to 4:30 p.m., Monday, August 24, 2015, in the Council
Chamber of City Hall, 300 N. "D" Strvet, San Bernardino.
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., Tuesday, September 8, 2015, in the
Council Chamber of City Hall, 300 North "U" 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 Counci' 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 sixty (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 11 Printed 8/13/2015