The URL can be used to link to this page

Home My WebLink About03-19-2012 Jt. Reg Mtg CITY OF SAN B ERNARDINO AGENDA FORTHE JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL AND THE MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MONDAY, MARCH 19, 2012 1:30 PM—CLOSED SESSION 3:00 PM—OPEN SESSION COUNCIL CHAMBERS • 300 NORTH"D"STREET • SAN BERNARDI N O,CA 92418 • W W W.SBCITY.ORG Virginia Marquez Patrick J. Morris Wendy McCammack ,1M',R,IVAND l Robert D.Jenkins Charles McNeely aaz,W,)an 2 John Valdivia James F. Penman CMINCI.Ni EMD R,WARD3 I � I Fred Shorett 4 Georgeann "Gigi" Hanna WARD 4 Chas Kelley • u David Kennedy CITV7l 3APr Rl ; Rikke Van Johnson UD 1� Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. • The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities.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. • All documents for public review are on file with the City Clerk's Office located on the 2nd floor of City Hall,300 North "D"Street San Bernardino or may be accessed online bygoing to http://www.sbcity.org. • 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 staffseated on the north side of the Council chambers. o Public commentsforagenda items that are not public hearings will be limited to three minutes. • Public commentsfor items that are not on the agenda will be limited to 3 minutes. • All who wish to speak including Council members and staff,need to be recognized by the Mayor or Mayor Pro Tempore before speaking. • Please turn off or mute your cell phone while the meeting is in session. Joint Regular Meeting Agenda March 19, 2012 CALL TO ORDER Attendee Name Present Absent Late Arrived Mayor Patrick J. Morris ❑ ❑ ❑ Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ Council Member, Ward 2 Robert D. Jenkins ❑ ❑ ❑ Council Member, Ward 3 John Valdivia ❑ ❑ ❑ Council Member, Ward 4 Fred Shorett ❑ ❑ ❑ Council Member, Ward 5 Chas A. Kelley ❑ ❑ ❑ Council Member, Ward 6 Rikke Van Johnson ❑ ❑ ❑ Council Member, Ward 7 Wendy J. McCammack ❑ ❑ ❑ 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 Section(s): A. Conference with legal counsel -existing litigation - pursuant to Government Code Section 54956.9(a): Jamora Allen, et al. v. Q& of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVSS 805915; Michael Wade v City of San Bernardino Adam Affrunti and Does 1-10. inclusive. -USDC,Central District of California,Case No.CV 11-9831 GHK(SPX); Yvonne Barnes et al. v. City of San Bernardino et al. - San Bernardino Superior Court, Case No. CIVSS 807102 (Consolidated with Case No. CIVDS 908096); Richard "Scott" Moss et al v City of San Bernardino, et al. - United States District Court, Case No. EDCV 07-01027 SGL(Opx); Garrett Zimmon v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No.CIVDS 906555; Brian Boom and the San Bernardino Police Management Association v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1017219. Mayor and Common Council ofthe City of San Bernardino Page Printed 311512012 Joint Regular Meeting Agenda March 19, 2012 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - 3 pursuant to subdivision (c)of Government Code Section 54956.9. 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. APPOINTMENTS A. Mayor's Office Appointment of Juan Figueroa to the Board of Fire Commissioners - Council Member Valdivia. [Ward(s): 31 Motion: Approve the appointment of Juan Figueroa to the Board of Fire Commissioners as requested by Council Member Valdivia. B. Mayor's Office Appointment of Thomas Lutrell to the Community Development Citizen Advisory Committee -Council Member Valdivia. [Ward(s): 31 Motion: Approve the appointment of Thomas Lutrell to the Community Development Citizen Advisory Committee as requested by Council Member Valdivia. C. Mayor's Office Appointment of Virginia Anne Mears to the Bureau of Franchises - Council Member Valdivia. [Ward(s): 31 Motion: Approve the appointment of Virginia Anne Mears to the Bureau of Franchises as requested by Council Member Valdivia. Mayor and Common Council of the City of San Bernardino Page 3 Printed 311512012 Joint Regular Meeting Agenda March 19, 2012 3. PRESENTATIONS A. Service Pins Awards Ceremony B. Student of the Month C. Citizen of the Month D. Chamber of Commerce Announcements 4. 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 or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. A. City Clerk Waive Full Reading of Resolutions and Ordinances [Ward(s): N/A] Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Endeman, Lincoln, Turek & Heater for Legal Services in the Case of Glen Aire Mobilehome Park Corporation, Et Al., V. City of San Bernardino, Et Al., San Bernardino County Superior Court, Case No. 1114110. [Ward(s): All] Motion: Adopt Resolution. C. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Orrick, Popka, Fortino & Brislin for Legal Services in the Case of Lisa Matus, Et Al., V. City of San Bernardino, Et Al., San Bernardino Superior Court, Case No. CIVDS 1201235. [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 311512011 Joint Regular Meeting Agenda March 19, 2012 D. City Clerk Council Minutes [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency meetings of March 5, 2012, February 21, 2012, December 12, 2011, and November 21,2011, as submitted. E. City Manager Request to Schedule a Public Hearing on May 7, 2012 to Adopt the City of San Bernardino 2012-2013 Housing and Urban Development Action Plan [Ward(s): All] Motion: Set a Public Hearing for May 7, 2012, to receive public comments on the 2012-2013 Action Plan and subsequently adopt the plan. F. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino to Execute an Amendment to the Professional Services Agreement by and Between the City of San Bernardino and Willdan Engineering Services for the Design and Implementation of a Residential Energy Audit and Retrofit Program. [Ward(s): All] Motion: Adopt Resolution G. Civil Service Personnel Actions-Classified [Ward(s): All] Motion: Approve and ratify 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. H. Community Development An Ordinance of the City of San Bernardino Municipal Code Regarding Single-Family Rental Property Inspection Program (FINAL READING) Recommended for Approval at the Legislative Review Committee Meeting of February 7, 2012 —Committee Members Present: Virginia Marquez, Wendy McCammack, and Fred Shorett. (Laid Over from March 5, 2012.) [Ward(s): All] Motion: Adopt Ordinance. Mayor and Common Council of the City of San Bernardino Page 5 Printed 311511011 Joint Regular Meeting Agenda March 19, 2012 1. Finance Approval of Commercial Checks and Payroll Checks [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. J. Finance Approve the Attached FY 2010-11 Continuing Appropriations and Encumbrance Carryovers into FY 2011-12 [Ward(s): All] Motion: Approve the FY 2010-2011 Continuing Appropriations and Encumbrance Carryovers, and authorize the Director of Finance to amend the FY 2011- 2012 budget to include the approved Continuing Appropriations and Encumbrance Carryovers. K. Finance Receive and File the FY 2010-11 Year End Report [Ward(s): All] Motion: Receive and file the FY 2010-11 Year End Report. L. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Purchase Agreement and Issuance of an Annual Purchase Order to Allstar Fire Equipment, Inc. for the Replacement of Protective Clothing for Structural Firefighting(Lion Janesville Turnout Gear). [Ward(s): All] Motion: Adopt Resolution. M. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance or Designee to Increase South Coast Emergency Vehicle Services Annual Purchase Order for Specialty Parts and Services for the City's Pierce Apparatus. [Ward(s): All] Motion: Adopt Resolution; and authorize the Director of Finance or designee to do a budget adjustment to the Fire Department's FY 2011-2012 Adopted Budget to reflect the expenditures as outlined in the staff report. N. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Purchase Agreement and Issuance of a Purchase Order to Westnet, Inc. for the First in Alerting Platform to Interface with the New World System Computer Aided Dispatch System. [Ward(s): All] Motion: Adopt Resolution; and authorize the Director of Finance or designee to adjust the Fire Department's FY 2011-2012 Adopted Budget to reflect the expenditures as outlined in the staff report. Mayor and Common Coancil of the City of San Bernardino Page 6 Printed 311512012 Joint Regular Meeting Agenda March 19, 2012 O. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the San Bernardino City Fire Department to Apply for and Administer the 2011 Fire Prevention Grant Program Application to be Submitted to Factory Mutual Global. [Ward(s): All] Motion: Adopt Resolution. P. Human Resources Setting Compensation for City Clerk Per Charter Section 24-B [Ward(s): All] Motion: Set the salary of the City Clerk at Step 11 ($10,256/month), Range 4610, $9302 -$11,307/month. Q. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino, California, Adopting the Countywide Vision statement [Ward(s): All] Motion: Adopt Resolution. R. Parks,Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment No. 3 to Contract 10-318 with the County of San Bernardino Department of Aging and Adult Services (DAAS) with an Additional $33,770 to be Added to the Current Senior Nutrition Program Contract and to Authorize the Issuance and Increase of Annual Purchase Orders in an Amount Not to Exceed $141,623 in the Aggregate to Sysco Foods, Merit Day, Ross Swiss, and US Foods for FY 2011-12. [Ward(s): All] Motion: Adopt Resolution. S. Parks,Recreation& Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an MOU with the Center for Community Action & Environmental Justice (CCAEJ) for the Installation and Maintenance of an Air Filtration System at Ruben Campos Community Center. [Ward(s): 11 Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 31152012 Joint Regular Meeting Agenda March 19, 2012 "1'. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with the City of Highland for a Permanent Encroachment License Agreement. [Ward(s): 41 Motion: Adopt Resolution. U. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Declaring Its Intention to Order the Vacation of an East-West Alley South of Adell Street, Between "I" Street and the I-215 Freeway and Reserving Utility Easements Therein. [Ward(s): 31 Motion: Adopt Resolution. 6. COMMITTEE CONSENT A. City Attorney Resolution of Mayor and Common Council of the City of San Bernardino to Reestablish the Position of Paralegal in the City Attorney's Office (Recommended for Approval at the Personnel Committee Meeting of March 8, 2012- Committee Members Present: Johnson, Marquez,Jenkins) [Ward(s): N/A] Motion: Reestablish the position of paralegal, Range 348OM864-5912/Month, in the City Attorney's Office. B. Human Resources Approval of Risk Division Manager Classification as Unclassified Position (Recommended for Approval at the Personnel Committee Meeting of March 8, 2012 - Committee Members Present: Johnson,Marquez, Jenkins) [Ward(s): All] Motion: Reclassify the position of Risk Division Manager, Range 4570, $7620 - $9262/month, to Risk Division Manager (U), Range 4570, $7620 - $9262/month; approve the job description for Risk Division Manager (U), Range 4570, $7620 - $9262/month; authorize the Director of Finance to incorporate the changes into the FY 2011-12 budget; and authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011- 218 to reflect this action. C. Human Resources Position Reclassifications for Community Development Department (Recommended for Approval at the Personnel Committee Meeting of March 8, 2012 - Committee Members Present: Johnson,Marquez,Jenkins) [Ward(s): All] Mayor and Common Council of the City of San Bernardino Page 8 Printed 311512012 Joint Regular Meeting Agenda March 19, 2012 Motion: Approve revised job description for Customer Service Representative, Range 1350, $2543 - $3092/month; reclassify Code Enforcement Processing Assistant position, Range 1350, $2543 - $3092/month, to Customer Service Representative position, Range 1350, $2543 - $3092/month; delete Code Enforcement Processing Assistant position, Range 1350, $2543 - $3092/month; reclassify one (1) vacant Customer Service Representative position, Range 1350, $2543 - $3092/month, to Administrative Assistant position, Range 1380, $2954 - $3591/month; authorize the Director of Finance to incorporate the changes into the FY 2011-12 budget; and authorize the Director of Human Resources to update Resolution Nos.97-244 and 2011-218 to reflect this action. D. Parks.Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of a Continuation Grant Application to the Corporation for National and Community Service and Authorizing the Acceptance of the Grant in the Amount of $47,310 to Continue the Administration and Operation of the Retired and Senior Volunteer Program for the Period of April 1, 2012 through March 31, 2013. (Recommended for Approval at the Grants Ad Hoc Committee Meeting of March 13, 2012 -Committee Members Present: Kelley, Jenkins) [Ward(s): All] Motion: Adopt Resolution. E. Parks,Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an On-Line Grant Application to Kaiser Pennanente Regional Operation Splash Community Benefit Grants Program for Funding in the Amount of$30,000 and Ratifying the Submittal of a Letter of Interest to Kaiser Permanente Fontana and Ontario Medical Centers Community Benefit Grants Program for Funding in the Amount of $25,000 to Provide the Parks, Recreation and Community Services Department Aquatics Program for the 2012 Summer Season. (Recommended for Approval at the Grants Ad Hoc Committee Meeting of March 13, 2012 - Committee Members Present: Kelly, Jenkins) [Ward(s): 1 & 21 Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Prinled 3/15/2012 Joint Regular Meeting Agenda March 19, 2012 7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. A. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Finding and Determining the Existence of Less Than a Majority Protest, that Ballots Submitted in Favor of the Assessment Exceed the Ballots Submitted in Opposition to the Assessment and that the Public Convenience and Necessity Require the Maintenance of Landscaping, a Detention Basin and Storm Drains in the Tippecanoe Avenue and Central Avenue Area, Approving the Final Engineer's Report, Creating an Assessment District to Cover the Costs of Said Maintenance, Known as Assessment District No. 1068, Ordering the Work, Confirming the 2012-2013 Assessment Roll, and Determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 Shall Not Apply. (Item Continued to February 21,2012; Item Continued to March 19, 2012.) [Ward(s): 11 The hearing was opened on February 6,2012. Motion: Close the hearing; and adopt Resolution. B. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Landscape Maintenance Services Agreement Relative to the Proposed Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area Landscape, Detention Basin and Storm Drain Maintenance Assessment District)(Item Continued to February 21, 2012; Item Continued to March 19, 2012) [Ward(s): 11 The hearing was opened on February 21,2012. Motion: Close the hearing; and adopt Resolution. C. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Fees and Rates to be Charged for Collection of Residential and Commercial Refuse and Repealing Resolution 2008-433 (Discussed at the Ways and Means Committee Meeting of January 11, 2012 - Committee Members Present: Kelley, Johnson, Shorett) [Ward(s): All] Mayor to open the hearing. . . Motion: Close hearing; and adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 10 Printed3 1152012 Joint Regular Meeting Agenda March 19, 2012 8. CONTINUED ITEMS A. Community Development Management Study of the Code Enforcement Division by Matrix Consulting Group (At Meeting of February 6,2012, Item Continued to March 19, 2012.) [Ward(s): All] Motion: Authorize the Director of Community Development to implement the recommendations of the Matrix Consulting Group Management Study of the Code Enforcement Division. 9. STAFF REPORTS A. Citv Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Professional Services Agreement by and Between the City of San Bernardino and Code Publishing, hic.,to Provide Municipal Code Codification Services. [Ward(s): All] Motion: Staff recommends Council proceed with Option 1 and adopt Resolution; alternatively staff recommends Option 2 and adopt Resolution. B. Council Office City Clerk's Salary Per City Charter Section 24-B. [Ward(s): ] Motion: Set the City Clerk's salary based on the rules and provisions set with the City Charter Section 24-B. C. Council Office Election of Mayor Tempore [Ward(s): All] Motion: Elect a Council Member to serve as Mayor Pro Tempore until March 18, 2013. D. Council Office San Bernardino Hometown Heroes Military Banner Program [Ward(s): All] Motion: Receive and file committee update. E. Council Office The Drafting of an Economic Development Strategic Plan for the City of San Bernardino [Ward(s): All] Motion: Direct the City Manager's Office to initiate the development of an Economic Development Strategic Plan. Mayor and Common Council of the City of San Bernardino Page 11 Printed 3/15/2012 Joint Regular Meeting Agenda March 19, 2012 10. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY" TO THE REDEVELOPMENT AGENCY A. Civil Service Personnel Actions-Classified [Ward(s): All] Motion: Approve the classified personnel actions pursuant to Civil Service Rule 502 (b), 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 Acting as the Successor Agency to the Redevelopment Agency. 11. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 12. ADJOURNMENT NOTE: 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 1.30 p.m., Monday, April 2, 2012, in the Council Chambers of City Hall, 300 North "D° Street, San Bernardino,California. Mayor and Common Council ofthe City of San Bernardino Page 12 Printed 311512012 Joint Regular Meeting Agenda March 19, 2012 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 Chambers 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 forty-five (45) 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. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. The Mayor and Common Council and the Mayor and Common Council Acting as the Successor 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. 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 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 13 Printed 311512012