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Home My WebLink About01-22-2013 Jt. Reg Mtg Agenda T CITY OF SAN 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 TUESDAY, JANUARY 22, 2013 1:00 PM—CLOSED SESSION 3:00 PM—OPEN SESSION COUNCIL CHAMBER • 300 NORTH"D" STREET • SAN BERNARDINO,CA 92418 • W W W.SBCITY.ORG Virginia Marquez Patrick J. Morris Wendy J. McCammack ( �), V 11_ AIJ 7 a,WARDI MAYOR tors**CiLJ1L�Il,LH.ZZ'akn; Robert D.Jenkins ARD+ Andrea Travis-Miller COUNCIL MEMBER,WARD 2 '�Y !�O ACTING CITY MANAGER John Valdivia Q.� James F. Penman COUNCIL MEMBER,WARD 3 O � CITY ATTORNEY Fred Shorett Q Georgeann "Gigi" Hanna COUNCIL MEMBER,WARD 4 I-ALL CITY CLERK Chas Kelley V �~ David Kennedy COUNCIL MEMBER,WARD 5 .� O CITY TREASURER Rikke Van Johnson 1 ED II`t 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 by going 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. • 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 muteyour cell phone while the meeting is in session. Joint Regular Meeting Agenda January 22, 2013 Call to Order Mayor Patrick J. Moms ❑ ❑ ❑ 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 ❑ ❑ ❑ City Attorney James F.Penman ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Manager Andrea Travis-Miller ❑ ❑ ❑ 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): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006- MJ, City of San Bernardino v. Wells Fargo Bank N.A. as Trustee for Carrington Mortgage Loan Trust, Series 226-NCI Asset Backed Pass-through Certificates, a business entity the form of which is unknown, Carrington Mortgage Services, LLC, a Delaware Limited Liability Company et al; San Bernardino Superior Court, Case No.: CIVDS 1212108; City of San Bernardino v. Alfonso A. Diaz, Irma Diaz, individuals; Linda Martinez, and child Martinez (a minor child); individuals; Elliott Luchs, an individual; et al. San Bernardino Superior Court, Case No.: CIVDS 1209917; City of San Bernardino v. Shelly Golec, an individual; Mountain West Financial, Inc., a California Corporation; Mortgage Electronic Registration Systems, Inc., a Delaware Corporation; Bank of America, N.A., a business entity the form of which is unknown; Internal Revenue Service; a federal governmental agency; et al, San Bernardino Superior Court, Case No.: CIVDS 1213394; Allison Mechanical v. San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1211891; Mayor and Common Council of the City of San Bernardino Page 2 Printed 1/!7/2013 Joint Regular Meeting Agenda January 22, 2013 Aspen Builders, Inc., A California v. Regal Cinemas, Inc., A Tennessee; San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1210338; Consolidated Electrical Distributors, Inc. v. San Bernardino Economic Development Corp.; Los Angeles Engineering, Inc.; Safeco Insurance Company ofAmerica, San Bernardino Superior Court, Case No. CIVDS 1210288; Los Angeles Engineering, Inc. v. San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1210197; Stepstone, Inc. v. Los Angeles Engineering, Inc.; San Bernardino Economic Development Corporation; Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1210727; Thompson Building v. Los Angeles Engineering, San Bernardino Economic Development Corporation, Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1211471. 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. Refuse Division issue C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c)of Government Code Section 54956.9: City of San Bernardino v. 854 West 4e Place Trust, et al; 1256 N. Stoddard Ave; City of San Bernardino v. Estate ofPoppett, 157 E. 5"Street; City of San Bernardino v. Ross, 3130 N. Stoddard Ave; City of San Bernardino v. Madrid, 548 N. "G"Street; 719 Spruce Street. 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: Police Safety Police Management Fire Safety Fire Management Mayor and Common Coamcil of the City of San Bernardino Page 3 Printed 1/1712013 Joint Regular Meeting Agenda January 22, 2013 Middle Management General Management/Confidential G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. APPOINTMENTS 2A. Mayor's Office Appointment of Gary Walbourne to the Measure "Z" Citizens Oversight Committee - Council Member John Valdivia [Ward(s): 31 Motion: Approve the appointment of Gary Walbourne to the Measure "Z" Citizens Oversight Committee as requested by Council Member John Valdivia. 2B. Mayor's Office Appointment of Sandra Kurkoske to the Senior Affairs Commission - Council Member John Valdivia [Ward(s): 31 Motion: Approve the appointment of Sandra Kurkoske to the Senior Affairs Commission as requested by Council Member John Valdivia. 2C. Mayor's Office Appointment of Nellie Frazier as an Alternate Member to the Senior Affairs Commission -Mayor Patrick J. Moms [Ward(s): ] Motion: Approve the appointment of Nellie Frazier as an Alternate Member of the Senior Affairs Commission as requested by Mayor Patrick J. Morris. 3. PRESENTATIONS 3A. Student of the Month -- Steven Gutierrez, San Andreas High School -- Council Member Shorett 3B. Chamber of Commerce Announcements 4. ANNOUNCEMENTS Mayor and Common Council of the City of San Bernardino Page 4 Printed 1/1712013 Joint Regular Meeting Agenda January 22, 2013 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. 5A. 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 January 22, 2013. 5B. City Clerk Council Minutes [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council meetings of July 2, 2012; July 9, 2012; July 10, 2012; July 18, 2012; and July 24, 2012, as submitted. 5C. City Clerk Council Minutes [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council meetings of June 4,2012 and June 16,2012, as submitted. 6. PUBLIC HEARINGS TO BE HEARD AT 4 PM 6A. Community Development A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 12-04 to Amend the Land Use District of Approximately 8,000 Square Feet from Residential Medium (RM) to Commercial General (CG-1) Located 200 Feet South of the Southwest Corner of 40Th and "F" Streets. [Ward(s): 4] Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution. Mayor and Common Coancil of the City of San Bernardino Page 5 Printed 1/1712013 Joint Regular Meeting Agenda January 22, 2013 7. CONTINUED ITEMS 7A. Civil Service Personnel Actions-- Classified (At Meeting of January 7; 3013; item-Continued to- - January 22, 2013.) [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. 7B. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Intellibridge Partners and the City of San Bernardino for Consultant Services. (At Meeting of January 7, 2013, Item Continued to January 10, 2013; Item Continued to January 22, 2013.) [Ward(s): All] Motion: Continue to February 4, 2013. 7C. Human Resources Personnel Actions - Unclassified (At Meeting of January 7, 2013, Item Continued to January 22, 2013.) [Ward(s): All] Motion: Approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures. 7D. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Issue a Request for Proposal (RFP) for Parking Citation Processing Services. (At Meeting of January 7, 2013, Item Continued to January 22,2013.) [Ward(s): All] Motion: Adopt the Resolution. 8. STAFF REPORTS 8A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Burrtec Waste Industries, Inc. for Waste Handling, Pursuant to San Bernardino Municipal Code Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement Prior to the Adoption of This Resolution. [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 1/17/2013 Joint Regular Meeting Agenda January 22, 2013 8B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Republic Waste Services of Southern California, LLC, Dba Inland Regional Material Recovery Facility, for Waste Handling, Pursuant to San Bernardino Municipal Code Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement Prior to the Adoption of This Resolution. [Ward(s): All] Motion: Adopt the Resolution. 8C. City Manaeer Oral Report from Police Chief Robert Handy Regarding RFP Received by the City of San Bernardino from the San Bernardino County Sheriffs Department for Contractual Law Enforcement Services [Ward(s): All] Motion: Receive and file. 8D. Civil Service Personnel Actions- Classified [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. 8E. Council Office Discussion of Funding for Street Lights [Ward(s): All] Motion: Discuss and take possible action. 8F. Council Office Recommendation to Study Outdoor Vending to Include, But Not Limited To, Yard Sales and Swap/Flea Market, to the Ways and Means Committee, and Explore Quality of Life Improvements as it Pertains to Business Licensing and Related Issues Affecting Area Residents. [Ward(s): All] Motion: Refer to Ways and Means Committee. Mayor and Common Council of the City of£an Bernardino Page 7 Printed 1/1712013 Joint Regular Meeting Agenda January 22, 2013 8G. Human Resources Personnel Actions-Unclassified [Ward(s): All] Motion: Approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures. 8H. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority. [Ward(s): All] Motion: Adopt the Resolution. 8I. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Technology Use Policy. [Ward(s): All] Motion: Adopt the Resolution. 8J. Parks.Recreation & Community Services Resolution of the Mayor and Common Council Authorizing the City Manager to Exercise Year Two of Four Optional Single Year Renewals of a Contractual Agreement Between the City of San Bernardino and the San Bernardino City Unified School District—Public Safety Academy for Shared Use of the Recreation Facilities at the Galaxy Building and Norton Recreation Center for One Year August 1, 2012 through July 31,2013. [Ward(s): 1] Motion: Adopt the Resolution. 8K Parks.Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Renewal Local Incentive Grant Award Agreement with the Network for Healthy California in the Amount of $114,750 for a Three-Year Period—February 1, 2013 through September 30,2016. [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 1/1712013 Joint Regular Meeting Agenda January 22, 2013 8L. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Modification of Fund Expenditures of the FY 2009 Justice Assistance Grant (JAG) American Recovery and Reinvestment Act (ARRA) Grant from Personnel to Equipment Purchases; and Authorizing the Purchase of Desktop Computers from Inland Computer Systems, and Tasers and Equipment from ProForce Law Enforcement. [Ward(s): All] Motion: Adopt the Resolution. 8M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino approving the 5-Year Capital Project Needs Analysis (2013-2018) for Measure 12010-2040 Major Street Program Expenditures. [Ward(s): All] Motion: Adopt the Resolution. 8N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to an Agreement and Issuance of a Purchase Order to Cal Stripe Inc. for Citywide Traffic Striping and Pavement Markings. [Ward(s): All] Motion: Adopt the Resolution. 80. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Public Works Director to Issue 'Request for Proposals for Elevator and Escalator Maintenance Service in Various City Buildings." [Ward(s): All] Motion: Adopt the Resolution. 8P. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Public Works Director to Issue the Notice Inviting Sealed Bids for the Repair, Replacement and Upgrade of the Street Lighting System at Various Locations in the City of San Bernardino. [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 1/17013 Joint Regular Meeting Agenda January 22, 2013 9. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 10. 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, February 4, 2013, 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 sixty (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 10 Printed 1/1712013