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HomeMy WebLinkAbout04-02-2012 Jt. RegularCITY OF SAN BERNARDINO 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, APRIL 2, 2012 1:30 PM – CLOSED SESSION 3:00 PM – OPEN SESSION 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  John Valdivia  James F. Penman  Council Member, Ward 3  City Attorney  Fred Shorett  Georgeann “Gigi” Hanna  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 Arrived  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      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). Mejia, Maria D., et al. v. City, et al. - United States District Court, Case No. EDCV11-00452 VAP (DTBx); 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 of San Bernardino v. San Bernardino City Unified School District, et al. - San Bernardino Superior Court; D. Closed Session - personnel - pursuant to Government Code Section 54957. City Manager 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 negotiator - pursuant to Government Code Section 54956.8. 2. APPOINTMENTS A. Mayor’s Office Appointment of Joe Arnett to the Historical Preservation Commission - Council Member Valdivia [Ward(s): 3] Motion: Approve the appointment of Joe Arnett to the Historical Preservation Commission as requested by Council Member Valdivia. B. Mayor’s Office Appointment of Carmen Compian to the Animal Control Commission - Council Member Valdivia. [Ward(s): 3] Motion: Approve the appointment of Carmen Compian to the Animal Control Commission as requested by Council Member Valdivia. C. Mayor’s Office Appointment of Isabella E. Walbourne to the Senior Affairs Commission - Council Member Valdivia. [Ward(s): 3] Motion: Approve the appointment of Isabella E. Walbourne to the Senior Affairs Commission as requested by Council Member Valdivia. D. Mayor’s Office Appointment of Deborah Bunger to the Fine Arts Commission - Council MemberValdivia. [Ward(s): 3] Motion: Approve the appointment of Deborah Bunger to the Fine Arts Commission as requested by Council Member Valdivia. E. Mayor's Office Appointment of Johnnie Ann Ralph to the Historical Preservation Committee - Council Member Johnson. [Ward(s): 6] Motion: Approve the appointment of Johnnie Ann Ralph to the Historical Preservation Committee as requested by Council Member Johnson. 3. PRESENTATIONS A. Retirement Certificate to Albert K. Karnig, President of California State University, San Bernardino - Council Member Kelley B. Certificate of Recognition to CSUSB Kappa Delta Sorority – Council Member Kelley C. Certificates to CSUSB 2011-2012 Coyotes Women's Volleyball Team – Council Member Kelley D. Resolution Certificate to San Bernardino Principal of the Year - Council Member Jenkins E. Hometown Heroes Military Banner Unveiling Ceremony - Council Member Johnson 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): All] Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency dated April 2, 2012. B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for Legal Services in the Case of Michael Wade V. City of San Bernardino, Et Al., United States District Court, Case No. CV 11-9831 GHK(SPx) [Ward(s): All] Motion: Adopt Resolution. C. City Clerk Set Public Hearing for Ward Redistricting Within the City of San Bernardino [Ward(s): All] Motion: Set Public Hearing for April 16, 2012, at 4:00 P.M. in the Council Chambers to Consider Options for City Ward Redistricting within the City of San Bernardino. 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. 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 policies and procedures. F. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to New West Signal, Inc., for Repair, Replacement and Upgrade of the Street Lighting System at Various Locations. [Ward(s): All] Motion: Adopt Resolution. G. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Dedicating and Accepting Campus Parkway Between Kendall Drive and Northpark Boulevard and Approving the Filing of a “Notice of Completion”. [Ward(s): 5] Motion: Adopt Resolution. 6. CONTINUED ITEMS A. City Clerk Council Minutes (At Meeting of March 19, 2012, Item Continued to April 2, 2012.) [Ward(s): N/A] Motion: Approve the minutes of the Mayor and Common Council and the Mayor and Common Council acting as the Successor Agency to the Redevelopment Agency meetings of March 5, 2012, February 21, 2012, December 19, 2011, and November 21, 2011, as submitted. B. Community Development Management Study of the Code Enforcement Division by Matrix Consulting Group (At Meeting of February 6, 2012, Item Continued to March 19, 2012; Item Continued to April 2.) [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. 7. STAFF REPORTS A. City Attorney Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 15.26.060 of the San Bernardino Municipal Code Regarding Single Family Residential Inspection Program. (FIRST READING) [Ward(s): All] Motion: Lay over Ordinance for final adoption. B. City Manager Federal Legislative Advocacy Update, Innovative Strategies (Federal Lobbyist) [Ward(s): All] Motion: Receive and file the report. C. City Manager Oral Update on the Status of the RDA/EDA Transition [Ward(s): All] Motion: Receive and file. D. Community Development Request to Refer to Legislative Review Committee Potential Development Code Amendments Regarding Electric Fences [Ward(s): All] Motion: Refer to Legislative Review Committee. E. Council Office Council Committee Assignments [Ward(s):] Motion: Approve the recommended Council Committee assignments. F. Council Office Payroll Voluntary Contribution Choice [Ward(s): All] Motion: Request City Manager to direct the Finance Director to create a new payroll line item whereby city employees may voluntarily donate to the San Bernardino Hometown Heroes Military Banner program and direct the City Attorney's Office in cooperation with the City Manager's Office to draft the necessary legal documents. G. Council Office Policy to Avoid Government by Surprise [Ward(s): All] Motion: Refer to the Legislative Review Committee the request to draft a policy change to ensure that the Mayor, Common Council and the public receive all personnel action items in a timely and fully transparent manner to avoid “government by surprise” situations. H. Council Office Resolution of the Mayor and Common Council of the City of San Bernardino in Support of AB 1437 Budget Transparency, an Act to Add Section 9518 to the Government Code, Relating to the State Budget [Ward(s): All] Motion: Adopt Resolution. 8. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO REDEVELOPMENT AGENCY A. Civil Service Personnel Actions - Classified (At Meeting of March 19, 2012, Item Continued to April 2, 2012.) [Ward(s): All] Motion: Approve the classified personnel actions pursuant to Civil Service Rule 502 (b), 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 to the Redevelopment Agency. 9. SAN BERNARDINO HOUSING AUTHORITY A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency Authorizing the Execution of a Professional Services Agreement with Endeman, Lincoln, Turek & Heater for Legal Services in the Case of Glen Aire Mobilehome Park Corporation, Et Al., V. City of San Bernardino, Et Al., San Bernardino County Superior Court, Case No. 1114110. [Ward(s): All] Motion: Adopt Resolution. 10. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 11. ADJOURNMENT MOT ION: Adjourn the meeting to Tuesday, April 3, 2012 at 5:00 p.m. in the Economic Development Agency Boardroom to review the FY 2011/12 City budget. 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, April 16, 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 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 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. 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.