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Home My WebLink About08-06-2012 Jt. Reg Mtg Agenda CITY OF SALT BERNARDINO AGENDA FORTHE 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, AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, AUGUST 6, 2012 1:30 PM—CLOSED SESSION 3:00 PM—OPEN SESSION COUNCIL CHAMBERS • 300 NORTH "D"STREET • SAN BERNARDINO,CA 92418 • WWW.SBCITY.ORO Virginia Marquez Patrick J. Morris Wendy J. McCammack Robert D.Jenkins O�RN�DJI Andrea Travis Miller John Valdivia �Qr� �Q�q James F. Penman Fred Shorett y Georgeann "Gigi" Hanna Chas Kelley David Kennedy Rikke Van Johnson ED IK 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-llwww.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 staff seated 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 August 6, 2012 Call to Order t Late Council Member, Ward I 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]: Alvarez&Associates, et al. v. City, et al., San Bernardino County Superior Court No. CIVDS1103803 RDA v.Alvarez United States District Court No. EDCV 02-142-RSWL RDA v.Alvarez, San Bernardino County Superior Court No. SCVSS 86091 Trott v. City, San Bernardino Unified School District, San Bernardino Superior Court, Case No. CIVDS 1203852 (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)Government Code, Section 54956.9: City of San Bernardino,acting as Successor Agency to the Redevelopment Agency v. Economic Development Corp. and Affordable Housing Solutions. (D) Personnel -Pursuant to Government Code, Section 54957: Mayor and Common Councit of the City of San Bernardino Page 2 Printed 8/3/2012 Joint Regular Meeting Agenda August 6, 2012 (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 negotiation- Pursuant to Government Code, Section 54956.8: 2. PRESENTATIONS 2.A. Certificate of Recognition -- Platinum FC Girls Youth Soccer Team -- Council Member Kelley 2.B. Chamber of Commerce Announcements 3. ANNOUNCEMENTS 4. 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): All] Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated August 6, 2012. 5. CONTINUED ITEMS A. City Clerk Council Minutes (At Meeting of July 16, 2012, Item Continued to August 6, 2012.) [Ward(s): N/A] Motion: Approve the minutes of the following Council meetings: April 2, 2012; April 3, 2012; and April 19, 2012. Mayor and Common Council of the City of San Bernardino Page 3 Printed 81312011 Joint Regular Meeting Agenda August 6, 2012 B. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Deed Restrictions for Tom Minor Park and the Ruben Campos Community Center Located in a Portion of Nunez Park, Relative to Grant Contracts with the State of California Department Parks and Recreation for the Installation of Certain Improvements Thereon. (At Meeting of July 16, 2012, Item Continued to August 6, 2012.) [Ward(s): 1,5,6] Motion: Adopt Resolution. 6. STAFF REPORTS A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Hiring of Arias & Lockwood to Represent the City and Any Designated Employee Regarding the Case Entitled Michael Ray Madrigal, Et Al. V. City of San Bernardino, Et Al., United States District Court Case No. CV 12-03286 JHN(OPx) [Ward(s): N/A] Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Arias & Lockwood to represent the City of San Bernardino regarding the case entitled Michael Ray Madrigal, et al. v. City of San Bernardino, et al., United States District Court, Case No: CV 12-03286 JHN(OPx). B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Hiring of Wagner & Pelayes to Represent the City and Any Designated Employee Regarding the Case Entitled Hector Briones, Et Al. V. City of San Bernardino, Et Al., United States District Court Case No. CV 10-7571 CBM(OPx) [Ward(s): N/A] Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Wagner&Pelayes to represent the City of San Bernardino regarding the case entitled Hector Briones, et al. v. City of San Bernardino, et al., United States District Court Case No. CV 10-7571 CBM (OPx). C. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Professional Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for Legal Services Relating to Reorganization and Restructuring. [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Cowcd of the City of San Bernardino Page 4 Printed 81312012 Joint Regular Meeting Agenda August 6, 2012 D. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Hiring of Arias & Lockwood to Represent the City and Any Designated Employee Regarding the Case Entitled Erik A. Brown V. City of San Bernardino, Et Al., United States District Court Case No. CV 12-2300 RJK(OPx) [Ward(s): N/A] Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Arias & Lockwood to represent the City of San Bernardino and any designated employee regarding the case entitled Erik A. Brown v. City of San Bernardino, et al., United States District Court, Case No: CV 12-2300 RJK(OPx). E. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Reaffirming the City of San Bernardino's Commitment to Open Government and to Compliance with the Ralph M. Brown Act. [Ward(s): All] Motion: Adopt Resolution. F. City Clerk Council Minutes [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council/Community Development Commission meetings of May 7, 2012, May 21, 2012, and May 31, 2012, as submitted. G. City Clerk Council Minutes [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council/Community Development Commission meetings of March 5, 2012, and March 19, 2012, as submitted. H. City Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Amendment by the Civil Service Board of Rule 511 Regarding Reduction in Force [Ward(s): All] Motion: Adopt Resolution Mayor and Common Council of the City of San Bernardino Page 5 Printed 81311012 Joint Regular Meeting Agenda August 6, 2012 1. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Suspend Payouts for All Employees' Accrual Leave Bank Payoffs, Cash-Outs, or Sell-Backs. [Ward(s): All] Motion: Adopt Resolution authorizing the City Manager to suspend payouts for all employees' accrual leave bank payoffs,cash-outs,or sell-backs. J. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement by and Between Rust Consulting/Omni Bankruptcy to Provide Claims and Noticing Agent Services. [Ward(s): All] Motion: Adopt Resolution. K Council Office Repeal the City Charter [Ward(s): All] Motion: To discuss repealing the City Charter and take possible action. L. Human Resources Personnel Actions- Unclassified [Ward(s): All] Motion: Approve the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. M. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Service Agreement and the Director of Finance to Issue an Annual Purchase Order in the Amount of $28,330, with a Contingency Amount of $5,000, to Inter Valley Pool Supply, Inc., for Swimming Pool Chemicals (Chlorine and Acid) for FY 2012/13, with Two Additional Single-Year Renewal Options. [Ward(s): All] Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 81312012 Joint Regular Meeting Agenda August 6, 2012 N. Public Works Request for Approval of Change Order No. 1 to New West Signal, Inc., for Repair, Replacement, and Upgrade of the Light System at Various Locations in the City of San Bernardino. [Ward(s): All] Motion: Authorize the Director of Public Works to execute Contract Change Order No. One with New West Signal, Inc., for Repair, Replacement, and Upgrade of the Lighting System at Various Locations in the City of San Bernardino in the amount of$19,276.23. O. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution 2008433 and Consolidating Resolution 2010-327 and Resolution 2010-328 [Ward(s): All] Motion: Adopt Resolution. P. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 1 to Agreements for Services with Joseph E. Bonadiman & Associates, Inc., and Parsons Brinkerhoff for On-Call Surveying and Map Checking Support. [Ward(s): All] Motion: Adopt Resolution. Q. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. I to Agreements for Services with KOA Corporation, RBF Consulting, Krueper Engineering & Associates, Inc., and Transportation Engineering and Planning, Inc., for On-Call Traffic Engineering Services. [Ward(s): All] Motion: Adopt Resolution. R Public Works Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to Execute a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for Provision of City Services for Fiscal Year 2012/2013. [Ward(s): 11 Motion: That said resolution be adopted. Mayor and Common Council of the City of San Bernardino Page 7 Printed 81312012 Joint Regular Meeting Agenda August 6, 2012 S. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution an Agreement and Issuance of a Purchase Order in the Amount of $200,000 with Four One-Year Extensions, at the City's Option, to TSR Construction and Inspection for the Repair of Sidewalks, Curbs, Gutters, and Cross Gutters. [Ward(s): All] Motion: Adopt Resolution. T. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to APW Construction, Inc. for Fencing Improvements on San Bernardino County Flood Control District Right-Of-Way Along the Northwest Side of Campus Parkway(SS08-001), Per Plan No. 12827. [Ward(s): 51 Motion: Deem the bid submitted by Econo Fencing, Inc. non-responsive and adopt the Resolution. U. Public Works Solicitation of Sealed Bids for Solid Waste Material Processing, Green Waste, Commingled Recycling and Construction and Demolition Debris [Ward(s): All] Motion: To solicit sealed bids for solid waste material processing, green waste, commingled recycling and construction and demolition. 7. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO HOUSING AUTHORITY A. Economic Development Aeency Resolution of the Mayor and Common Council of the City of San Bernardino Serving as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving Amendment No. 1 to the Home Investment Partnership Act Fund Sub-Recipient Agreement by and Between Affordable Housing Solutions of San Bernardino, Inc., and the City of San Bernardino for the Administration of the Home Program [Ward(s): 11 Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 81311012 Joint Regular Meeting Agenda August 6, 2012 B. Economic Development Agency Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Housing Successor Agency to the Redevelopment Agency of the City of San Bernardino Pursuant to a Request to Terminate and Fully Reconvey a Restrictive Covenant. (At Meeting of July 16, 2012, Item Continued to August 6, 2012.) [Ward(s): 5] Motion: Approve of this action and adopt the attached resolution authorizing the City's Housing Director to execute and record the Termination of HOME Program Affordable Housing Regulatory Agreement and Covenants. 8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 9. 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,August 20, 201Z 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/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 concerning any matter not on the agenda but which is within the subject matter jurisdiction may address the body at the end of the meeting, during the period reserved for public comments. A three minute limitation shall apply to each member of the public, unless such time limit is extended, but the total period of public comments shall not exceed forty-five (45)minutes.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. 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 9 Printed 81312012