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Home My WebLink About02-21-2012 Jt. Reg Mtg CITY OF SAN BERNARDINO AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL AND THE MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY TUESDAY, FEBRUARY 21, 2012 - 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 COI NCIL MEMBER,WARD I 1aTi?k. COUNCIL MEMBER,WARD 7 Robert D.Jenkins Charles McNeely COUNCIL MEMBER,WARD 2 �� A� CITY MANAGER Tobin Brinker {+ ♦ James F. Penman I,u, .11"11 11 tR.WARD t '1A A'CTOI?;gi" Fred Shorett ry Rachel G. Clark,CIVIC COI'NCIL MEMBER,IVARLT4 trM 'F Chas Kelley „}y' David Kennedy t70i;\C]D,:441dMReR;WARDS CITY TR1`AS VRER Rikke Van Johnson COI MIL MEMBER.WARD 6 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 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.sbeityorg. • 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. • Public commentsfor agenda items that are not public hearings will be limited to three minutes. • Public comments for 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 muteyour cell phone while the meeting is in session. Joint Regular Meeting Agenda February 21, 2012 CALL TO ORDER 3 �lo -1 Attendee Name Present Absent Late Arrived Mayor Patrick J. Morris _..._.....I ❑ ❑ ❑ Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑ —Coui�c—lf Member, Ward 2 Robert D. Jenkins El = El ❑ Council Member, Ward 3 Tobin Brinker ❑ ❑ ❑ Council Member, Ward 4 Fred Shorett ❑ ❑ ❑ _ em�.... . Council Mber, Ward 5 Chas A. Kelley--- — ' ❑ ❑ '� ❑ Council Member, Ward 6 Rikke Van Johnson ❑ ❑ ❑ Council Member, Ward 7 Wendy J. McCammack ❑ ❑ ❑ j City Attorney James F. Penman ❑ ❑ ❑ City Clerk Rachel G. Clark ❑ ❑ ❑ City Manager Charles McNeely ❑ ❑ ❑ I. 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): Allen, J. A., et al. v. City, et al. -USDC CV09-1388 JLQ (JCx); Ballard, Monica v. City, et al. -USDC CV 10-02769DMG(AJWx); Barnes, Yvonne, et al. v. City. et al. -CIVSS 807102; Briones, Hector, et al. v. City, et al. -USDC CIV 10-7571CBM (Opx); Brown, James J. v. City, et al. -CIVDS 1007751; Darren, Raynard V. v. Honeycutt, et al. -CIVDS 1102678; E C a minor,by and through his Guardian ad litem Maria Chacon v. City, et al.- USDC CV11-02919 CAS (DTBx); E.M.W ,a minor, et al. v. City. et al. -CIVDS 1110870; Ellison,Nvkisha Mone, et al. v. City, et al. - CIVDS 1005001; Mayor and Common Council of the City of San Bernardino Page 2 Printed 2/16/1011 Joint Regular Meeting Agenda February 21, 2012 Glen Aire Mobilehome Park Corporation, Pacific Palms Mobilehome Park Corporation, Friendly Villaee Mobilehome Park Corporation Oransewood Mobilehome Park Comoration, and California Mobilehome Park Corporation v The City of San Bernardino, the City of San Bernardino Mobile Home Rent Board, the City of San Bernardino Economic Development Aeencv the City of San Bernardino Hearing Officer, Donald P. Cole. and Does 1-50 - San Bernardino County Superior Court, Case No. CIVDS -1114110; Joaquin, Francisco Yovani Sanchez v. City, et al. - USDC CVIO-7138CAS (RCx); Markham. Terrell,et al. v. City. et al. -USDC CV09-08455 ODW (DTBx); May,Cedric Sr., et al. v. City, et al. -USDC CV 10-00978 VAP(DTBx); JBenny Medina v. City of San Bernardino,W.C.A.B. Case No. ADJ4202076; Meiia, Maria D., et al. v. City, et al. -USDC EDCV 11-00452 VAP(DTBx); Monroe.Monica et al. v. City, et al. -USDC CV09-04354 CAS FMOx; Munoz. Jose v. City, et al. -CIVDS 1110863; Nash,Terry,Estate of v. City, et al. -USDC CV09-08671 RGK(FFMx); Parker Donnavan v. City, et al. -CIVDS 10 1347 1; Ouiroea, Roselio G. v. Officer J. Betts, et al. - USDC EDCV11-02029 VAP (DTBx); Renter, Rovinski v. City, et al. -USDC CV 11-07222 GAF(CWx); Rev.Michael Anthony, et al v City, et al. - CIVDS 1009578; Robinson. Billy Ray v San Bernardino Police Dept et al. - USDC EDCV I1- 01205 RGK(AGR); Samatua. Mekione, et al. v. City, et al. -CIVDS 917832. 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: J City v. General Insurance Corp., et al. D. Closed Session-personnel-pursuant to Government Code Section 54957. Mayor and Common Council of the City of San Bernardino Page 3 Printed 111611011 Joint Regular Meeting Agenda February 21, 2012 L. 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: Fire Safety General Unit G. Conference with real property negotiator -pursuant to Government Code Section 54956.8. 2. APPOINTMENTS A. Mayor's Office Appointment of Roxanne Trevino to the Parks & Recreation Commission - Council Member Marquez [Ward(s): 11 Motion: Approve the appointment of Roxanne Trevino to the Parks & Recreation Commission as requested by Council Member Marquez. B. Mayor's Office Appointment of Michael "Skip" Schneider to the Board of Fire Commissioners - Council Member Marquez [Ward(s): 11 Motion: Approve the appointment of Michael "Skip" Schneider to the Board of Fire Commissioners as requested by Council Member Marquez. C. Mayor's Office Appointment of Donna P. Howard to the Senior Affairs Commission - Council Member McCammack [Ward(s): 71 Motion: Approve the appointment of Donna P. Howard to the Senior Affairs Commission as requested by Council Member McCammack. Mayor and Common Council of the City of San Bernardino Page 4 Printed 21162012 Joint Regular Meeting Agenda February 21, 2012 3. PRESENTATIONS A. ✓ Presentation to Middle Grade Educator of the Year by Council Member Brinker B. JPresentation to Third Ward Commissioners by Council Member Brinker C. Speech by Council Member Brinker D. J Citizen of the Month Award presented by Council Member Kelley E. J Student of the Month Award presented by Council Member Kelley F. Presentations to Council Member Brinker and City Clerk Clark G. 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): Ali] Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council dated February 21, 2012. B. City Clerk Council Minutes [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council/Community Development Commission meetings of December 5, 2011, January 18, 2012, and January 23, 2012, as submitted. Mayor and Common Council ofthe City of San Bernardino Page 5 Printed 211612012 Joint Regular Meeting Agenda February 21, 2012 C. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino, California Reciting the Facts of the General Municipal Election Held on the 7Th Day of February 2012, Declaring the Results Thereof and Setting Forth Such Other Matters as Are Allowed by Law. [Ward(s): All] Motion: Adopt Resolution. D. 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. E. 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. F. Human Resources Personnel Actions-Unclassified [Ward(s): All] Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City and Community Development Commission policies and procedures. G. Information Technoloay 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 Time Warner Cable for Direct Internet Service. [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 211612012 Joint Regular Meeting Agenda February 21, 2012 H. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Animal Control And/Or Housing Agreements by and Between the City of San Bernardino and the Cities of Fontana, Colton, and Loma Linda for the Period of July 1, 2011 through June 30,2014. [Ward(s): All] Motion: Adopt Resolution. I. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with the California Highway Patrol to Use the City of San Bernardino Police Department's Firing Range [Ward(s): 2] Motion: Adopt Resolution. J. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Finance Director to Amend the FY 2011-12 Police Expenditure and Revenue Budgets by Transferring $189,000 from the Evidence Impound Account (772- 212-2326)to Fund the Purchase of Law Enforcement Equipment, Management Software, Legal Consultant and Training. [Ward(s): All] Motion: Adopt Resolution; and authorize the Director of Finance to amend the FY 2011-12 Police budget as follows: transfer $189,000 from the Evidence Impound Account No. 772-212-2326 to the Police Miscellaneous Receipts Account No. 001-210-0000*4740 and increase the Police Patrol Capital Outlay Account No. 001-210-0078-5704 by$189,000. K Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to B & T Works, Inc., for Culvert Repair at Base Line Street and Medical Center Drive, Per Plan No. 12842(SD 12-001). [Ward(s): 61 Motion: Adopt Resolution. L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Rejecting Bid RFQ F-12-03, Pursuant to Section 3.04.070(E) of the Municipal Code for the Purchase of Traffic Signs and Sign Materials. [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 211612012 Joint Regular Meeting Agenda February 21, 2012 6. COMMITTEE CONSENT A. City Mansur Discussion and Possible Action of the Mayor and Common Council to Authorize City Staff to Pursue the Potential of Establishing a Public Access Defibrillator Pilot Project in City Hall. (Discussed at the Special Ways and Means Committee Meeting of January 30, 2012-Committee Members Present: Kelley, Johnson, Shorett) [Ward(s): All] Motion: Staff recommends that the Fire Department provide additional training for City employees under the existing program. B. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the San Bernardino City Fire Department to Apply for the FY 2011 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) On-Line Grant Application to be Submitted to the Department of Homeland Security Federal Emergency Management Agency. [Ward(s): All] Motion: Adopt Resolution. 7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. A. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. [Ward(s): All] Mayor to open the hearing. . . Motion: Close the hearing; direct the City Clerk to administratively remove any properties from Exhibits "A" & "B" which have been paid prior to the hearing; and adopt Resolution. B. 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. [Ward(s): 1] The hearing remains open... Motion: Close the hearing;and adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 2/16/2012 Joint Regular Meeting Agenda February 21, 2012 C. 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). [Ward(s): 11 Mayor to open the hearing... Motion: Close the hearing; and adopt Resolution. 8. STAFF REPORTS A. City Manager Oral Presentation Redevelopment Agency Transition [Ward(s): All] B. Council Office Appointment to the San Bernardino Economic Development Corporation (SBEDC). [Ward(s): All] Motion: Discuss and take possible action on appointment. C. Council Office Extension of Time for Adopted Resolutions No. 2010-266, No. 2010-267 and No. 2010- 268 to Reduce Certain Development Impact Fees and City Processing Fees and to Expand the Development Impact Fee Deferral Program. [Ward(s): All] Motion: Approve a two-year extension of time for adopted Resolutions: A. Resolution No. 2010-266 - Resolution of the Mayor and Common Council of the City of San Bernardino relating to the temporary reduction of certain development impact fees established by Resolution No. 2006-97 and repealing Resolution No. 2010-246. B. Resolution No. 2010-267 - Resolution of the Mayor and Common Council of the City of San Bernardino relating to the deferral of certain development impact fees established by Resolution No. 2006-97 and repealing Resolution No. 2010-247. C. Resolution No. 2010-268 - Resolution of the Mayor and Common Council of the City of San Bernardino relating to the temporary reduction of certain development fees for services established by Resolution No. 2009-122 and repealing Resolution No. 2010-248. Mayor and Common Council of the City of San Bernardino Page 9 Printed 211612012 Joint Regular Meeting Agenda February 21, 2012 D. Public Works Oral Update on Street Lighting Repairs [Ward(s): ] 9. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 10. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY A. City Manager Authorization to Terminate All Ancillary Employment Agreements And/Or Contracts Executed by the City of San Bernardino Redevelopment Agency(RDA)in Support of Its Programs and Projects. [Ward(s): All] Motion: Authorize the City Manager to terminate all existing ancillary employment agreements and/or contracts transferred to the Successor Agency/Entity to the Redevelopment Agency (City of San Bernardino) from the former Redevelopment Agency pursuant to the cancellation provisions of those agreements and/or contracts. B. 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 Acting as the Successor Agency of the Economic Development Agency. C. Human Resources Authorization to Issue Lay Off Notices as the Successor Agency/Entity of the Economic Development Agency to All Former Redevelopment Agency Employees Transferred to the City Pursuant to AB Xl 26 [Ward(s): All] Motion: Authorize the Human Resources Department to issue layoff notices to Redevelopment Agency employees transferred to the City as the successor agency/entity pursuant to AB x 126. Mayor and Common Council ofthe City of San Bernardino Page 10 Printed 211612012 Joint Regular Meeting Agenda February 21, 2012 D. Human Resources Personnel Actions-Unclassified [Ward(s): All] Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with policies adopted by the Mayor and Common Council of the City of San Bernardino as the Successor Agency of the former Redevelopment Agency. 11. 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, March 5, 2012, in the Council Chambers 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 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 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. 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 ofthe City of San Bernardino Page 11 Printed 2 11612012