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Home My WebLink About12-05-2011 Jt. Reg Mtg CITY OF SIT B ERNARDINO AGENDA FORTHE JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MONDAY, DECEMBER 5, 2011 - 1:30 PM COUNCIL CHAMBERS 300 NORTH"D"STREET • SAN BERNARDINO,CA 92418 • W W W.SBCITY.ORG Virginia Marquez Patrick J. Morris Wendy McCammack N1:a3 nr Robert D. Jenkins Charles McNeely Tobin Brinker �l.v � t "'� James F. Penman ( �) if Mi v l'Pi7 iA190n.NI'., Fred Shorett Q Rachel G. Clark, CIVIC � ,l ll'1,6 li'aP,P-0 � •, � � , Chas Kelley r+d '� David Kennedy n Mj n [rf�. 1txr.D �{ . CI I' 'I REA URl'r Rikke Van Johnson iu 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 requestsfor reasonable accommodation to include interpreters. • All documents for public review are on file with the City Clerks Office located on the 2.dfloor 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 speakerslip.Speakerslips should be turned in to staffseated on the north side of the Council chambers. • Public comments for agenda 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 December 5, 2011 CALL TO ORDER Attendee Name Present Absent Late Arrival Mayor Patrick J. Morris ❑ ❑ ❑ Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ Council Member, Ward 2 Robert D. Jenkins ❑ ❑ ❑ Council Member, Ward 3 Tobin Brinker ❑ ❑ ❑ 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 ❑ ❑ ❑ City Attorney James F. Penman ❑ ❑ ❑ City Clerk Rachel G. Clark ❑ ❑ ❑ City Manager Charles McNeely ❑ ❑ ❑ 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/Community Development Commission. 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): Cedric May Sr.; Brenda Standifer; S. D. M. and S. J. M., minors, by and through their guardian ad ]item Sasha Braves; Maurice Jennings; Anthony Jennings; and Jashanda Standifer v. City of San Bernardino; Officer Joseph Aguilar; Officer Jose Vasquez; Officer Bryon Clark; Officer Langston Canright; Officer Melissa Flint; Sergeant James Beach and Does 1-10, inclusive - U.S. District Court, Case No. EDCV 10-00978 (DTBx); Jonathan Sosa et al. v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVDS 1001161. 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 - 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. Mayor and Common Council of the City of San Bernardino Page 2 Printed 121112011 Joint Regular Meeting Agenda December 5, 2011 F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Fire Safety G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. APPOINTMENTS 3. PRESENTATIONS A. Council Member Marquez- California Suffrage Centennial Celebration B. Chief Handy and Captain Garcia - Police Officers 2011 Fall Awards C. Check presentation from Michael Paige from Verizon to Operation Phoenix D. Aviana Cerezo from Mayor's Office PowerPoint presentation on Green Home Makeover E. Chamber of Commerce Announcements 4. ANNOUNCEMENTS A. Announcements by Elected Officials and City Manager 5. CONSENT CALENDAR All Ccnsanl C.,,sndar items era considered to be r..tin. by the City C.-ncil /and will be enacted by one motion. Thera will be no separate discussion of these items unless a liduncil m e tuber or event m e other Interested peradns sd request, in which et the ite will be r ved from theCdns.nt Calandar and considered In its normal segui nce on %Me agenda. Information concerning C—sent Calendar items is enable for public r A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Resolution of the Mayor and Common Council of the City of San Bernardino Terminating the Professional Services Agreement with Brunick, McElhaney & Beckett and Authorizing the Execution of a Professional Services Agreement with the Law Firm of Orrick, Popka, Fortino & Brislin for Legal Services in the Case of Michael Street V. City of San Bernardino, Et AL, San Bernardino Superior Court Case No. Civds 910518 ]Ward(s): All] Motion: Adopt Resolution. Mayor and Common Council ofthe City of San Bernardino Page 3 Printed 1Z/112011 Joint Regular Meeting Agenda December 5, 2011 B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Terminating the Professional Services Agreement with Brunick, McElhaney & Beckett and Authorizing the Execution of a Professional Services Agreement with Orrick, Popka, Fortino & Brislin in the Case of Miguel Vargas, Et Al., V. City of San Bernardino, Et Al., San Bernardino Superior Court Case No. CIVDS 913134 [Ward(s): All] Motion: Adopt Resolution. C. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Terminating the Professional Services Agreement with Brunick, McElhaney & Beckett and Authorizing the Execution of a Professional Services Agreement with the Law Firm of Orrick, Popka,Fortino&Brislin for Legal Services in the Case of Terrell Markham, Et Al., V. City of San Bernardino, Et Al., United States District Court Case No. CV 09- 08455-ODW [Ward(s): All] Motion: Adopt Resolution. D. City Clerk Approve Local Appointments List Per Maddy Act [Ward(s): All] Motion: Approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct the City Clerk to send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. E. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino , California, Reciting the Facts of the Primary Municipal Election Held on the 8Th Day of November 2011, Declaring the Results Thereof and Setting Forth Such Other Matters as Are Allowed by Law. [Ward(s): All] Motion: Adopt Resolution. F. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Requesting that the Board of Supervisors of the County of San Bernardino Permit the County Registrar of Voters to Render Services to the City of San Bernardino Relating to a General Municipal Election to be Held on February 7, 2012. [Ward(s): All] Motion 1: Adopt Resolution; and Motion 2: Authorize the Director of Finance to amend the FY 2011-12 Budget and appropriate $200,000 from the General Fund's undesignated/unreserved fund balance to Account No. 001-030-5502-0000-0009 (Elections - Professional/Contractual Services). Mayor and Common Council of the City of San Bernardino Page 4 Printed 121112011 Joint Regular Meeting Agenda December 5, 2011 G. City Clerk Waive Full Reading of Resolutions and Ordinances [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated December 5, 2011. H. 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 r,.ies and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. I. Finance Approval of Commercial Checks and Payroll Checks [Ward(s): All] Motion: Approve the claims and payroll and the authorization to issue warrants as listed. J. Fire 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 McCray Enterprises in the Amount of $34,522.32 for the Replacement of Fuel Injectors on 12 Emergency Vehicles. [Ward(s): All] Motion 1: Adopt Resolution; and Motion 2: Authorize the Director of Finance to amend the Fire Department's FY 2011-2012 Adopted Budget to reflect the expenditures as outlined in the staff report. K. Human Resources 2011-2012 Holiday Closure Days [Ward(s): All] Motion: Authorize the closure of City Hall for Christmas Eve on Thursday, December 22, 2011, and New Year's Eve on Thursday, December 29, 2011. L. Information Technoloev Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase Order to TelePacific Communications for Primary Rate Interface Phone Connections. [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 121112011 Joint Regular Meeting Agenda December 5, 2011 M. Library Resolution of the Mayor and Common Council of the City of San Bernardino accepting $60,000 from the California State Library and authorizing the San Bernardino Public Library ("SBPL") to recruit and hire a Librarian II/Children's and Outreach Specialist as Grant Manager for the "A+ Partners in Education" Project. [Ward(S): All] [Ward(s): All Wards] Motion 1: Adopt resolution;and Motion 2: Authorize the Director of Finance to amend the FY 2011-12 Budget to reflect the appropriation of $60,000 in funds into the newly established grant account(account no.123-868-5945-0000). N. Parks,Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of a Grant Application to the US Soccer Foundation for the Total Amount of $7,250 for Miscellaneous Field Equipment and Team Sanction Fees for the 4Th Annual Independence Cup, at the San Bernardino Soccer Complex. [Ward(s): 71 Motion: Adopt Resolution. O. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement with NICE Sytems Inc. and for Purchases for the City's Public Safety Answering Point (PSAP) with State of California 9-1-1 Funds. [Ward(s): All] Motion 1: Adopt Resolution; and Motion 2: Authorize the Director of Finance to amend the FY 2011-12 budget to include an increase to expenses in the amount of $74,155 account 679- 250-5502-0000-0062 and a corresponding increase to revenue account 679-250-4901. P. Public Works Motion for the Mayor and Common Council of the City of San Bernardino Rejecting All Bids for the Culvert Repair at Baseline Street and Medical Center Drive (SD12-001), Special Provisions 12766 [Ward(s): 61 Motion: Reject all bids. Q. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Five-Year Capital Project Needs Analysis (2012-2017) for Measure I 2010-2040 Major Street Program Expenditures. [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 121112011 Joint Regular Meeting Agenda December 5, 2011 R. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Matich Corporation for Pavement Reconstruction on Ferree Street, from Coulston Street to Hardt Street, Per Plan No. 12815 (SS12-015), and Pavement Rehabilitation on San Bernardino Avenue, from Riverview Drive to Richardson Street, Per Plan No. 12816(SS12-011). [Ward(s): 31 Motion: Adopt Resolution. S. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Preliminarily Determining that the Public Convenience and Necessity Require the Formation of a Landscape, Detention Basin and Storm Drain Maintenance Assessment District Located in the Tippecanoe Avenue and Central Avenue Area Without Compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; Declaring Its Intention to Proceed to Order Work Within the District, to be Known as Assessment District No. 1068; Preliminarily Approving the Engineer's Report and Giving Notice of a Public Hearing. [Ward(s): 11 Motion 1: Authorize the Director of Public Works and the City Clerk to proceed under SBMC 12.90, with the establishment of a Landscape, Detention Basin and Storm Drain Maintenance Assessment District in the Tippecanoe Avenue and Central Avenue Area,to be known as Assessment District No. 1068; and Motion 2: Adopt Resolution. T. Public Works That the Mayor and Common Council Authorize the Finance Department to Amend the FY 2011-12 Adopted Budget to Enhance the Street Lighting Project. [Ward(s): All] Motion 1: Authorize the Director of Finance to amend the FY 2011-12 Public Works budget to enhance the Street Light Project;add two additional Electrician I positions, Range 1410, $3,431-$4,170 per month; increase the part-time budget by $50,000;and authorize the Director of Finance to amend the FY 2011-12 budget as indicated in order to re-light the City of San Bernardino's inoperable lights by June 30,2011. 6. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. A. Human Resources Impasse Hearing- San Bernardino Fire Safety Employee Negotiations [Ward(s): All] Motion: Table. Mayor and Common Council of the City of San Bernardino Page 7 Printed 1111 11011 Joint Regular Meeting Agenda December 5, 2011 7. CONTINUED ITEMS A. Human Resources Establishment of Salaries for Fire Department Ranges P-1, P-2, P-3 and P-4, Effective August 1, 2011. [Ward(s): All] Motion 1: Establish salaries for Fire Department Ranges P-1 (Firefighter), P-2 (Paramedic), P-3 (Fire Engineer) and P-4 (Fire Investigator/Captain), effective August 1,2011; and Motion 2: Authorize the Director of Human Resources to amend Resolution No. 6429 to reflect the above action; and Motion 3: Authorize the Director of Finance to amend the FY 2011-12 budget. B. Human Resources Establishment of Salaries for Fire Department Ranges P-5, P-6 and P-7, Effective August 1,2011. [Ward(s): All] Motion 1: Establish the salaries for Fire Department Ranges P-5 (Battalion Chief), P- 6 (Deputy Fire Chief), and P-7 (Fire Chief),effective August 1, 2011;and Motion 2: Authorize the Director of Human Resources to amend Resolution No. 6429 to reflect the above action; and Motion 3: Authorize the Director of Finance to amend the FY 2011-12 budget. 8. STAFF REPORTS A. City Attorney Budget Amendment for the Office of the City Attorney to Pay Billings from Outside Legal Counsel for Services Rendered and to Pay Litigation Expenses Previously Incurred. [Ward(s): All] Motion 1: Transfer $154,941.70 from the unappropriated budget reserve balance to line item #001-050-5503 (Litigation/Outside Counsel) and transfer $28,608.87 from the unappropriated budget reserve balance to line item #001-050-5177, (Litigation Expenses). or, in the alternative, Motion 2: Transfer $622,652 from the unappropriated budget reserve balance to line item #001-050-5503 (Litigation/Outside Counsel) and transfer $300,636 from the unappropriated budget reserve balance to line item #001-050- 5177 (Litigation Expenses). Mayor and Common Cou cd of the City of'San Bernardino Page 8 Printed 121112011 Joint Regular Meeting Agenda December 5, 2011 B. Council Office 2011 National League of Cities Congress of Cities and Exposition - Phoenix, AZ [Ward(s):] Motion: Receive and file. C. Council Office Public Briefing and Discussion to Inform Council as a Whole and the Residents of San Bernardino the Status Regarding the San Bernardino Economic Development Corporation(SBEDC) [Ward(s): All] Motion: Mayor to give briefing and conduct discussion of matter. D. Council Office Public Briefing and Discussion to Inform the Council as a Whole and the Residents of San Bernardino Re: Recent Federal Enforcement Actions at the San Bernardino International Airport and the Inland Valley Development Agency. [Ward(s): All] Motion: Mayor to give public briefing and conduct discussion of matter. 9. COMMUNITY DEVELOPMENT COMMISSION A. Economic Development Aeencv Resolution of the Community Development Commission of the City of San Bernardino Approving and Authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to Execute a Vendor Service Agreement for Information Technology Services by and Between the Agency and Computer Options [Ward(s): All] Motion: Adopt Resolution. 10. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 11. ADJOURNMENT NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., December 19, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Mayor and Common Council of the City of San Bernardino Page 9 Printed 12112011 Joint Regular Meeting Agenda December 5, 2011 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission 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/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, 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/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. 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/Community Development Commission 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/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission 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 10 Printed 121112011