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Home My WebLink About03-18-2013 Jt. Reg Mtg Agenda C1T CITY OF SAN BERNARDINO C AGENDA FOR THE 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, MARCH 18, 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 COUNCIL MEMBER,WARD I Robert D.Jenkins 4�RNARD j Allen J. Parker COtiNCIL AIEMBER,WARD John Valdivia Q� James F. Penman COi!NCIL MEMBER,WARD 3 O CITY.ITTOR-. TY Fred Shorett Georgeann "Gigi" Hanna COUNCIL MEMBER,WARD h Chas A.Kelley V � David Kennedy COUNCIL MEMBER,WARD 5 ,� 0 CITY TREASURER Rikke Van Johnson $1 COUNCIL MEMBER,WARD 6 OGNDED Welcome to a meeting of the Mayor and City Council of the C • The City of San Bernardino recognizes its obligation to provide eqi disabilities. Please contact the City Clerk's Office(384-5002)two u requests for reasonable accommodation to include interpreters • All documents for public review are on file with the City Clerk's Off North D"Street,San Bernardino or may be accessed online bygoi • Anyone who wishes to speak during public comment or on a partic speaker slip.Speaker slips should be turned in to staffseated on th • Public comments for agenda items that are not public hearings wi, 03/18/2013 • Public comments for items that are not on the agenda will be limit M/CC ITEMS • All who wish to speak,including Council members and staff,need t 6.A. & 6.13. TRANSPOSED Pro Tempore before speaking. • Please turn off or mute your cell phone while the meeting is in less PjacW• o p �- va AD o Joint Regular Meeting Agenda March 18, 2013 Call to Order 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 ❑ ❑ ❑ City Attorney James F. Penman ❑ ❑ ❑ City Clerk Georgeann "Gigi" Hanna ❑ ❑ ❑ City Manager Allen J. Parker ❑ ❑ ❑ 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- mi.. 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: City v. McAlister Investments, Inc. -864 S. Eucalyptus D. Closed Session -personnel -pursuant to Government Code Section 54957: Pay-outs. 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. Mayor and Common Council of the City of San Bernardino Page 2 Printed 311412013' 1141 2 0 13 Joint Regular Meeting Agenda March 18, 2013 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. APPOINTMENTS 3. PRESENTATIONS 3A. Newmark Little League 60th Anniversary -- Council Member Kelley 3B. Citizen of the Month -- Curtis Stout--Council Member Johnson 3C. Student of the Month —Vyvy Nguyen -- Council Member Johnson 3D. I-10 Corridor Project--PowerPoint Presentation by Garry Cohoe of SANBAG 3E. "Count on Me San Bernardino' --PowerPoint Presentation Amelia Sanchez Lopez 3F. San Bernardino Hometown Heroes Military Banner Program -- Council Member Johnson 4. ANNOUNCEMENTS--ELECTED OFFICIALS AND CHAMBER OF COMMERCE 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 March 18, 2013. 5B. City Clerk Minutes of the Mayor and Common Council Meetings of November 5, 2012; November 19, 2012; and November 26,2012 [Ward(s): ] Motion: Approve the minutes of the Mayor and Common Council meetings of November 5, 2012; November 19, 2012; and November 26, 2012, as submitted. 5C. City Clerk Minutes of the Mayor and Common Council Meetings of January 7, 2013; January 10, 2013; January 22, 2013; January 24,2013; and January 28, 2013 [Ward(s):] Motion: Approve the minutes of the Mayor and Common Council meetings of Mayor and Common Council of the City ofSomBernardino Page 3 Printed 311412013 Joint Regular Meeting Agenda March 18, 2013 January 7, 2013; January 10, 2013; January 22, 2013; January 24, 2013; and January 28,2013,as submitted. 6. COMMITTEE CONSENT 6A. Council Office Speed Hump Program (Recommended for Approval at the Legislative Review Committee Meeting on Tuesday, March 5, 2013—Committee Members Present: Jenkins, Kelley, Valdivia.) [Ward(s): All] Motion: Authorize the City Manager to Direct the Public Works Department to develop a Speed Hump Program and guidelines utilizing warrant requirements similar to the City's Stop Sign warrant format. 6B. Human Resources Job Description Revisions: Animal Control Manager, Library Program Coordinator and Police Captain(U) (Recommended for Approval by the Personnel Committee) [Ward(s): All] Motion: Approve job descriptions as proposed. 7. PUBLIC HEARINGS 7A. 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. (At Meeting of March 4, 2013, Item Continued to March 18,2013.) [Ward(s): All] The hearing remains open. Motion: Close the hearing; direct the City Clerk to administratively remove any properties from Exhibit "A" which have been paid prior to the hearing; and adopt the Resolution. 8. CONTINUED ITEMS 8A. Council Office Resolution of the Mayor and Common Council of the City of San Bernardino Setting a Policy for Evaluations of Department Heads by the City Manager and a Policy for Salary Ranges for Incoming Department Heads (Recommended for Approval at the Legislative Review Committee Meeting on February 20, 2013 - Committee Members Present: Mayor and Common Council ofthe City of San Bernardino Page 4 Printed 311412013 Joint Regular Meeting Agenda March 18, 2013 Jenkins, Kelley, Valdivia.) (At Meeting of March 4, 2013, Item Continued to March 18. 2013.) [Ward(s): All] Motion: Continue to April 1,2013. 8B. Human Resources Establishment of Salaries for Fire Department Ranges P-5 (Battalion Chief, Fire Management Bargaining Unit), Effective August 1, 2012, P-6 (Deputy Fire Chief) and P- 7 (Fire Chief), Effective March 18, 2013. (At Meeting of March 4, 2013, Item Continued to March 18,2013.) [Ward(s): All] Motion: Establish the salaries for Fire Department Ranges P-5 (Battalion Chief), effective August 1, 2012, and P-6 (Deputy Fire Chief) and P-7 (Fire Chief), effective March 18, 2013; authorize the Human Resources Division Manager to amend Resolution No. 6429 to reflect the above action; and authorize the Director of Finance to amend the FY 2012-13 budget. 8C. Human Resources Establishment of Salaries for Police Department Ranges P-4 (Lieutenant), and P-5 (Captain), Effective August 1, 2012 (Police Management Bargaining Unit), and P-6 (Assistant Police Chief) and P-7 (Police Chief), Effective March 18, 2013. (At Meeting of March 4, 2013, Item Continued to March 18, 2013.) [Ward(s): N/A] Motion: Establish salaries for Police Department Ranges P-4 (Lieutenant) and P-5 (Captain), effective August 1, 2012, and P-6 (Assistant Police Chief) and P-7 (Police Chief), effective March 18, 2013; and authorize the Human Resources Division Manager to amend Resolution No. 6429 to reflect the above action; and authorize the Director of Finance to amend the FY 2012-13 budget. 8D. 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. (At Meeting of March 4, 2013, Item Continued to March 18, 2013.) [Ward(s): All] Motion: Table the matter. 8E. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Technology Use Policy. (At Meeting of January 22, 2013, Item Continued to February 19, 2013; Item Continued to March 4, 2013; Item Continued to March 18, 2013.) [Ward(s): All] Motion: Table the matter. Mayor and Common Council of the City of San Bernardino Page 5 Printed 3/14/2013 Joint Regular Meeting Agenda March 18, 2013 9. STAFF REPORTS 9A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Lease Agreement with the County of San Bernardino for the Premises Located at 3250 Hanson Avenue. [Ward(s): 71 Motion: Adopt the Resolution. 9B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute on Behalf of the City an Amended and Restated Joint Exercise of Powers Agreement Creating an Agency to be Known as the San Bernardino Regional Water Resources Authority [Ward(s): 2] Motion: Adopt the Resolution. 9C. 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. 91). Council Office Election of Mayor Pro Tempore [Ward(s): All] Motion: Elect a Council Member to serve as Mayor Pro Tempore until March 17, 2014. 9E. Council Office San Bernardino Hometown Heroes Military Banner Program [Ward(s): All] Motion: Receive and file committee update. 9F. Human Resources Personnel Actions - Unclassified [Ward(s): A8] Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. Mayor and Common Council of the City of San Bernardino Page 6 Printed 311412013 Joint Regular Meeting Agenda March 18, 2013 9G. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 6429, Entitled in Part "A Resolution...Establishing a Basic Compensation Plan for Officers And/Or Employees of the Police and Fire Departments of the City of San Bernardino. [Ward(s): All] Motion: Adopt the Resolution. 9H. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement Between York Risk Services Group and the City of San Bernardino for Workers' Compensation Third Party Claims Administrator Services. [Ward(s): All] Motion: Adopt the Resolution. 9I. Library Request from the Library Board of Trustees to Amend the Proposed Library Pre- Pendency Plan to Provide for the Continued Operation of the Rowe Branch Library, the Operation of the Dorothy Inghram Branch Library as a Joint-Use Partnership and the Closure of the Paul Villasenor Branch Library Within an Overall Library Budget that Does Not Exceed $1.6 Million. [Ward(s): All] Motion: Approve the proposals for action established by the Library Board of Trustees in the Branch Sustainability Report. 9J. Parks.Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Rescinding Resolution 2013-2 and Approving a Revised Facility Use Agreement Between the City and Southern California Mountains Foundation (Formerly Known as San Bernardino National Forest Association) for the Urban Conservation Corps (UCC) for Use of 140 East 5Th Street (The Butler Building) Located at Seccombe Lake, San Bernardino CA, 92410. [Ward(s): 1] Motion: Adopt the Resolution. 9K. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Animal Control and Housing Agreement Between the City of San Bernardino and the City of Grand Terrace. [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 311412013 Joint Regular Meeting Agenda March 18, 2013 9L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Quitclaim Deed to La Placita on 2Nd Street, LLC for a Storm Drain Easement and Slope Easement Within Assessor's Parcel Number 0138-263- 03, Generally Located East of Metrolink Way and North of 2Nd Street. [Ward(s): 11 Motion: Adopt the Resolution. 9M. Public Works 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 in the Amount of $260,000 to Pro Tech Engineering Corp. for Repair, Replacement and Upgrade of the Street Lighting System at Various Locations in the City of San Bernardino [Ward(s): All] Motion: Reject the bid of Unique Performance Construction as it was non- responsive and adopt the Resolution. 9N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to KAD Paving Company for Pavement Rehabilitation on Two City Streets: Irvington Avenue, from Olive Avenue to Pine Avenue, Plan No. 12800 (SS 11-014); and Belmont Avenue, from Palm Avenue to Olive Avenue, Plan No. 12804 (SS11-013). [Ward(s): 5] Motion: 1. Adopt the Resolution Awarding a Contract to KAD Paving Company for Pavement Rehabilitation on Two City Streets: Irvington Avenue from Olive Avenue to Pine Avenue, Plan No. 12800 (SS11-014); and Belmont Avenue, from Palm Avenue to Olive Avenue, Plan No. 12804 (SS 11-013)in the amount of$272,323.50; and 2. Amend the 5-year Capital Improvement Program and the FY 2011-12 Budget allocating an additional $66,450 in previously unallocated Proposition 1B Local Streets and Road Funds (Fund 258) to Irvington Avenue from Olive Avenue to Pine Avenue, Plan No. 12800 (SS-11-014); and 3. Amend the 5-year Capital Improvement Program and the FY 2011-12 Budget allocating an additional $28,473 in previously unallocated Proposition 1B Local Streets and Road Funds (Fund 258) to Belmont Avenue from Olive Avenue to Palm Avenue,Plan No. 12804, (SS 11-013); and 4 Direct the Finance Director to make the associated changes to the current budget amendments as identified in Motions 2 and 3, above, issue the corresponding purchase orders; and Mayor and Common Council of the City of gan Be"xwdmo Page 8 Printed 3//4/2013 Joint Regular Meeting Agenda March 18, 2013 5. Authorize the City Manager to execute change orders up to 10% of the contract amount. 90. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino California, Consenting to the San Bernardino International Airport Authority Right of Way Acquisition Procedures to be Undertaken Pursuant to the San Bernardino International Airport Authority Joint Powers Agreement. [Ward(s): 1 & 31 Motion: Adopt the Resolution. 10. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 10A. Mayor's Office Initiate Process for the Acceptance of Assets of the San Bernardino Economic Development Corporation, as Ordered by the State Controller's Office Final Asset Transfer Review Report Dated March 6, 2013. (At Meeting of March 14, 2013, Item Continued to March 18, 2013.) [Ward(s): All] Motion: That the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino ("Successor Agency"), direct the City Manager, working with the City Attorney, to bring back the appropriate resolution(s) and documentation to accomplish the following: (1) accept the assets of the San Bernardino Economic Development Corporation ("SBEDC") proposed to be transferred by the SBEDC to the Successor Agency, as ordered by the State Controller's Office Final Asset Transfer Review Report dated March 6, 2013 (SBEDC Assets); (2) that acceptance of the SBEDC Assets be subject to a prior complete inventory and review of the SBEDC Assets, and that acceptance of the SBEDC Assets include acceptance by the Successor Agency of any and all outstanding liabilities, conditions, encumbrances, or other claims recorded upon, associated with, or otherwise arising from or related to the SBEDC Assets; (3) that acceptance of the SBEDC Assets be done under protest and with a reservation of any and all rights to assert, claim, and defend the validity and legality of the initial transfer of the SBEDC Assets from the former Redevelopment Agency of the City of San Bernardino to the SBEDC; and (4) that acceptance of the SBEDC Assets include the Successor Agency's acknowledgement and acceptance of all liability associated with the transfer of the SBEDC Assets, including indemnifying, defending, and holding harmless the SBEDC Board of Directors for any actions, claims or liability arising out or connected with SBEDC's ownership and transfer of the SBEDC Assets. 11. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Mayor and Common Council of the City of&wRernardino Page 9 Printed 311412013 Joint Regular Meeting Agenda March 18, 2013 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 1:00 p.m.,Monday,April 1, 2013, in the Council Chamber 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 Chamber 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 ojthe City of San Bernardino Page 10 Printed 3Q4/2013