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Home My WebLink About09-19-2016 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, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, SEPTEMBER 19, 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 "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 must be turned in to the City Clerk by 4:30 pm the day of the meeting. 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. orq. o Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda September 19, 2016 CALL TO ORDER 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 ❑ 1 ❑ ❑ Council Member, Ward 4 Fred Shorett ❑ ❑ ❑ Council Member, Ward 5 Henry Nickel ❑ ❑ ❑ Council Member, Ward 6 Bessine L. Richard ❑ ❑ ❑ i 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 Dawn Auman v. City of San Bernardino, WCAB Case No. ADJ 980512 Daniel Mishodek v. City of San Bernardino, WCAB Case No. ADJ 10056530 and ADJ9296102 Robert Arispe v. City of San Bernardino, WCAB Case No. ADJ10080652 Bank of New York Mellon v. City of San Bernardino, United States District Court Case No. 5:16 CV -00855 RGK (RAO) Bank of New York Mellon v. City of San Bernardino, United States District Court Case No. 5:16 CV 01791 JGB (SPx) Estate of Jonathan White, et al v. County of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1210779 Mayor and Common Council of the City of San Bernardino Page 2 Printed 9/14/2016 Joint Regular Meeting Agenda September 19, 2016 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). City v. Carrillo City v. Torres City V. Kim City v. Bank of New York Mellon 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. 2. CLOSED SESSION REPORT 3. APPOINTMENTS 3A. Mayor's Office Appointment of Mrs. Felicia C. Alexander to the Community Development Citizen Advisory Committee - Council Member Jim Mulvihill. (#4628) [Ward(s): 7] Motion: Approve the appointment of Mrs. Felicia C. Alexander to the Community Development Citizen Advisory Committee as requested by Council Member Jim Mulvihill. 313. Mayor's Office Appointment of Mr. Robert Hampton to the Bureau of Franchises - Mayor R. Carey Davis. (#4644) [Ward(s): N/A] Motion: Approve the appointment of Mr. Robert Hampton to the Bureau of Franchises as requested by Mayor R. Carey Davis. Mayor and Common Council of the City of San Bernardino Page 3 Printed 9/14/2016 Joint Regular Meeting Agenda September 19, 2016 4. PRESENTATIONS 4A. Student of the Month — San Bernardino High School — Gisela Santana — Council Member Barrios 4B. Citizen of the Month — Neighborhood Association Council — Council Member Nickel 4.C. Proclamation honoring Rail Safety Month -- Sara Logan, Assistant State Coordinator for Operation Lifesave, and Tim Watkins, Chief of Legislative and Public Affairs, SANBAG -- Mayor Davis 4D. California Law Enforcement Challenge — CHP Inland Division Chief Bill Dance — Chief Jarrod Burguan 4E. Presentation of "Empire" to the Feldheym Library -- Lewis deSoto, Inland Institute 4F. Bankruptcy/Strategic Planning Update -- Management Partners 4G. Chamber of Commerce & Local Elected Officials Announcements 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 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. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances (#4637) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated September 19, 2016. Mayor and Common Council of the City of San Bernardino Page 4 Printed 9/14/2016 Joint Regular Meeting Agenda September 19, 2016 5B. City Clerk Council Minutes for July 2016 (#4642) [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council meetings of July 5, 2016; July 13, 2016; and July 18, 2016, as submitted. 5C. City Clerk Council Minutes for the Meeting of September 6, 2016 (#4647) [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common meeting of September 6, 2016, as submitted. 5E. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Attorney to Execute a Three -Year Contract with Thomson - West to Provide On -Line Legal Research Services (Westlaw) to the City Attorney's Office and to Authorize the Issuance of a Purchase Order. (#4639) [Ward(s): N/A] Motion: Adopt the Resolution. 5F. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving Rules and Regulations for Relocation Assistance Consistent with Applicable State and Federal Laws for Persons And/Or Businesses Displaced by a City Project and Approving Certain Related Actions (#4643) [Ward(s): All] Motion: Adopt the Resolution. 5G. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Execution of HOME Loan Agreement with Housing Partners I for the Implementation of the Infill Housing Development Program. (#4641) [Ward(s): ] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 9/14/2016 Joint Regular Meeting Agenda September 19, 2016 5H. Civil Service Personnel Actions — Classified (#4226) [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. 51. Finance Approval of Commercial Checks and Payroll Checks (#4624) [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 5J. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of Annual Purchase Orders for the City's 800 Mhz Rack and Circuit Rental, Dispatch Console Maintenance, Citywide 800 Mhz Backbone Maintenance, Citywide 800 Mhz Time and Materials Maintenance, MDC User Fees, and Citywide 800 Mhz Radio Maintenance from the County of San Bernardino's 800 Mhz Group. (#4627) [Ward(s): All] Motion: Adopt the Resolution. 5K. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Lease Agreement Between the City of San Bernardino and San Bernardino City Unified School District for a Portion of Seccombe Lake Park. (#4636) [Ward(s): 1] Motion: Adopt the Resolution. 51L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Accept and Appropriate Caltrans Grant Funds in the Amount of $250,000 and to Amend the FY 2016/2017 Budget to Reflect an Appropriation of Matching Funds in the Amount of $27,780 for the Systematic Safety Analysis Report Program. (#4572) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 9/14/2016 Joint Regular Meeting Agenda September 19, 2016 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to San Marino Roof Company, Inc., for Construction of Roof Replacement Project at the Norman F. Feldheym Central Library in the City of San Bernardino (GB16-008), Per Plan 13069. (#4592) [Ward(s): 1] Motion: Adopt the Resolution. 6. PUBLIC HEARINGS -- TO BE HEARD AT 5:30 P.M. 6A. 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. 7. STAFF REPORTS 7A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino to Approve the 2015-2016 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorization to Submit to the Department of Housing and Urban Development (HUD). (#4602) [Ward(s): All] Motion: Adopt the Resolution. 8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 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 9/14/2016 Joint Regular Meeting Agenda September 19, 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, October 3, 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 9/14/2016