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Home My WebLink About02-06-2012 Jt. RegularCITY 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 Entity to the Economic Development Agency MONDAY, FEBRUARY 6, 2012 – 1:30 PM Council Chambers • 300 North “D” Street • San Bernardino, CA 92418 • www.sbcity.org Virginia Marquez Patrick J. Morris Wendy McCammack Council Member, Ward 1 Mayor Council Member, Ward 7 Robert D. Jenkins Charles McNeely Council Member, Ward 2 City Manager Tobin Brinker James F. Penman Council Member, Ward 3 City Attorney Fred Shorett Rachel G. Clark, CMC Council Member, Ward 4 City Clerk Chas Kelley David Kennedy Council Member, Ward 5 City Treasurer Rikke Van Johnson Council 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 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 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 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 mute your cell phone while the meeting is in session. 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): City of San Bernardino Municipal Water Department v. the United States Department of The Army - U.S. District Court, Case Nos. CV 96-8867 & CV 96-5205; Glen Aire Mobilehome Park Corporation, Pacific Palms Mobilehome Park Corporation, Friendly Village Mobilehome Park Corporation, Orangewood Mobilehome Park Corporation, 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 Agency, the City of San Bernardino Hearing Officer, Donald P. Cole, and Does 1 - 50 - San Bernardino County Superior Court, Case No. CIVDS 1114110; Wainwright v. City, et al. - San Bernardino County Superior Court, Case No. CIVDS 1100001. 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. 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 A. Mayor's Office Appointment of Donna Ward to the Senior Affairs Commission - Mayor Morris. [Ward(s): N/A] Motion: Approve the appointment of Donna Ward to the Senior Affairs Commission as requested by Mayor Morris. 3. PRESENTATIONS A. P resentation to Heigl Foundation, HEAL, and the Dog and Cat General Clinic B. Chamber of Commerce Announcements 4. ANNOUNCEMENTS Announcements from Elected Officials and the City Manager 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): All] Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated February 6, 2012. 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. C. 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, Community Development Commission and Economic Development Agency policies and procedures. D. 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 Resolution. E. Information Technology Resolutio n 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 Verizon for Centranet Telephone Service. [Ward(s): All] Motion: Adopt Resolution. F. Public Works Resolution Authorizing Execution of Agreements for Services with SA Associates, Willdan Engineering, and Harris & Associates for On-Call Construction Management and Inspection Services. [Ward(s): All] Motion: Adopt Resolution. G. 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 to Ironman Parts & Services of Corona Pursuant to Section 3.04.010-B3 of the Municipal Code for Four Diesel Particulate Filters to be Installed on Four Public Works Department Operation & Maintenance Division Trucks Pursuant to the California Air Resources Board (CARB) Regulations. [Ward(s): All] Motion: Adopt Resolution. 6. COMMITTEE CONSENT A. Parks, Recreation & Community Services Approval of Landscape Maintenance Reorganization Plan - Parks, Recreation and Community Services. (Recommended for Approval at the Ways and Means Committee Meeting of January 11, 2012 - Committee Members Present: Kelley, Johnson, Shorett) [Ward(s): 1, 3, 4, 5, & 6] Motion: Approve the Ways and Means Committee's recommendation to direct staff to initiate the Bid Process as part of the LMD Reorganization Plan, which via Option A, would return the City’s LMD maintenance to contract services and the pre-2009 staffing levels. 7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. A. Community Development An Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development Code) Chapter 19.02.060, Establishment of Land Use Zoning Districts to Add Transit Overlay District (TD) and Adding Chapter 19.19A to Establish the Transit Overlay District Pertaining to Development Standards and Design Guidelines. (FIRST READING) [Ward(s): All] Mayor to open the hearing… Motion: Close the hearing; adopt the Addendum to the certified San Bernardino General Plan Updated and Associated Specific Plans EIR SCH#2004111132 (Attachment F); approve Development Code Amendment No. 12-01 based on the Findings of Fact contained in the staff report; and lay over Ordinance for final adoption. B. 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): 1] Mayor to open the hearing… Motion: Close the hearing; and adopt Resolution. C. 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] Mayor to open the hearing… Motion: Close the hearing; and adopt Resolution. 8. STAFF REPORTS A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Professional Services Agreement by and Between the City of San Bernardino and Code Publishing, Inc., to Provide Municipal Code Codification Services. [Ward(s): All] Motion: Adopt Resolution. B. Community Development Management Study of the Code Enforcement Division by Matrix Consulting Group. [Ward(s): All] Motion: Authorize the Director of Community Development to implement the recommendations of the Matrix Consulting Group Management Study of the Code Enforcement Division. C. Public Works Request to Confirm Consultant Selection and Authorize the Director of Public Works or Designee to Negotiate with the Top Rated Consultants for Preparation of Plans, Specifications, and Estimates (PS&E) and Right-Of-Way Acquisition for Mount Vernon Avenue Overhead Replacement Project, CIP Project No. SS04-012, Bridge No. 54C-0066, Federal Aid Project No. BRLS-5033 (042). [Ward(s): 1 & 3] Motion 1: Confirm AECOM as top rated Consultant and authorize the Director of Public Works or Designee to negotiate Scope of Services and Fee with said Consultant for preparation of Plans, Specifications, and Estimates (PS&E) and Right-of-Way Acquisition for Mount Vernon Avenue Overhead Replacement Project, CIP Project No. SS04-012, Bridge No. 54C-0066, Federal Aid Project No. BRLS-5033 (042); OR Motion 2: Authorize the Director of Public Works or Designee to negotiate Scope of Services and Fee with one of the three highest rated Consultants as identified by the Common Council for preparation of Plans, Specifications, and Estimates (PS&E) and Right-of-Way Acquisition for Mount Vernon Avenue Overhead Replacement Project, CIP Project No. SS04-012, Bridge No. 54C-0066, Federal Aid Project No. BRLS-5033 (042); OR Motion 3: Reject all Proposals and direct staff to re-advertise for Proposals. 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR ENTITY TO THE ECONOMIC DEVELOPMENT AGENCY A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Consultant Services Agreement with LEWIS BRISBOI BISGAARD &SMITH, LLP. [Ward(s): N/A] Motion: Adopt Resolution. 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 Economic Development Agency Employees Transferred to the City Pursuant to AB X1 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 x1 26. D. City Manager Authorization to Terminate All Ancillary Employment Agreements and/or Contracts Executed by the Economic Development Agency (EDA) 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 Economic Development Agency (City of San Bernardino) from the former Economic Development Agency pursuant to the cancellation provisions of those agreements and/or contracts. 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., Tuesday, February 21, 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/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.