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HomeMy WebLinkAbout05-06-2013 Jt. Reg Mtg Agenda Q TV CITY 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, MAY 6, 2013 1:00 PM—CLOSED SESSION 3:00 PM—OPEN SESSION COUNCIL CHAMBER • 300 NORTH"D"STREET • BAN BERNARDINO,CA 92415 • WWW.SBCITY.ORG Virginia Marquez Patrick J. Morris Wendy J. McCammack COUNCIL MEMBER,WARD 1 COUNCIL MEMBER,WARD 7 Robert D.Jenkins gNA Allen J. Parker COUNCIL MEMBER,WARD 2 lr�r0 CITY MANAGER John Valdivia James F. Penman COUNCIL MEMBER WARD 3 `� CITY ATTORNEY Fred Shorett �E ..Q,,,, Georgeann "Gigi" Hanna COUNCIL MEMBER,WARD 4 %w 1 1�6 CITY CLERK Chas A. Kelley ,��" David Kennedy C©I?NCIL MEMBER,WARD 5 O CITY TREASURER Rikke Van Johnson f rDED I� COUNCIL MENIBER,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 T"Street,San Bernardino or may be accessed online bygoing 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 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 r ecognized by the Mayor or Mayor Pro Tempore before speaking. • Please turn o f or mute your cell phone while the meeting:S In session. 5p� i S V Joint Regular Meeting Agenda May 6, 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- MJ; People (Department of Transportation) v. Redevelopment Agency of the City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVDS 1301186; People (Department of Transportation) v. Citi Mortgage, et al. - San Bernardino Superior Court Case No. 1211129. 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: jCity of San Bernardino, Acting as Successor Agency to the Redevelopment Agency ofSan Bernardino v. Department of Finance/State of California. D. Closed Session -personnel -pursuant to Government Code Section 54957. I� Mayor and Common Council of the City of San Bernardino Page 2 Printed 51212013 Joint Regular Meeting Agenda May 6, 2013 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 2A. Mayor's Office Appointment of George Gastel to the Senior Affairs Commission - Council Member Robert D. Jenkins (42476) [Ward(s): ] Motion: Approve the appointment of George Gastel to the Senior Affairs Commission as requested by Council Member Robert D. Jenkins. 3. PRESENTATIONS 3A. Certificates of Recognition -- David Skidmore, Mr. Cardinal 2013-2014; Richard Escalera, First Runner Up; and Gregory John Noble, Second Runner Up -- Council Member Jenkins 3B. Certificates of Recognition -- Technical Employment Training, Inc. (TET) Students Jonathan Wiesseman, Marcos Martinez, Rico Miranda and Jose Becerra -- Council Member Valdivia 3C. Certificate of Recognition -- Amanda Jacobs -- Mormon Helping Hands -- Council Member Kelley 3D. Proclamation --Bill Bird Day -- Council Member McCammack 4. ANNOUNCEMENTS -- ELECTED OFFICIALS AND CHAMBER OF COMMERCE Mayor and Common Council of the City of San Bernardino Page 3 Printed 51212013 Joint Regular Meeting Agenda May 6, 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 (#2379) [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated May 6, 2013. 6. COMMITTEE CONSENT 6A. Human Resources Job Description Revision: Construction Manager (#2392) [Ward(s): All] Motion: Approve job description as proposed. 6B. Human Resources Job Description Revision: Fire Chief(U) (42390) [Ward(s): All] Motion: Approve job description as proposed. 6C. Human Resources New Job Description/New Position: Crime Data Technician (Part-Time) (#2394) [Ward(s): All] Motion: Approve the job description as proposed; establish the position of Crime Data Technician (Part-time), at a flat hourly rate of $15.42/hour - $18.75/hour; authorize the Director of Finance to incorporate the changes into the FY 2012-13 and FY 2013-14 budgets; and authorize the Human Resources Division Manager to update Resolution Nos. 97-244 and 2008- 20 to reflect these actions. Mayor and Common Council of the City of San Bernardino Page 4 Printed 51212013 Y Joint Regular Meeting Agenda May 6, 2013 Y 6D. Human Resources New Job Description/New Position: SBETA Business Services Representative (#2393) [Ward(s): All] Motion: Approve the job description as proposed; establish the position of SBETA Business Services Representative, Range 1370, $2,810 - $3,416/monthly; authorize the Director of Finance to incorporate the changes into the FY 2012-13 and FY 2013-14 budgets; and authorize the Human Resources Division Manager to update Resolution Nos. 97-244 and 2011-218 to reflect these actions. 6E. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of a Grant Application to the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention, (OJJDP), for a Community-Based Violence Prevention Demonstration Program and Authorizing the San Bernardino Police Department to Accept and Administer the Grant Upon Award by OJJDP. (#2353) [Ward(s): All] Motion: Adopt the Resolution. 7. PUBLIC HEARINGS TO BE HEARD AT 4 P.M. 7A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of the 2013-2014 Funding Application for Community Development Block Grant (CDBG), Emergency Shelter Grant, and Home Partnership Act (HOME) Funds to the Department of Housing and Urban Development and Reallocation of Prior Years' Community Development Block Grant (CDBG) Funds. (#2395) [Ward(s): All] Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution. 8. CONTINUED ITEMS 8A. Civil Service Personnel Actions - Classified (At Meeting of April 15, 2013, Item Continued to April 22, 2013; Item Continued to May 6, 2013) (#2327) [Ward(s): All] Motion: Continue to May 6, 2013, to allow the Finance Director to completely review the financial impact of the personnel actions. Mayor and Common Council of the City of San Bernardino Page 5 Printed 51212013 Joint Regular Meeting Agenda May 6, 2013 9. STAFF REPORTS 9A. 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 Financial Restructuring. (#2396) [Ward(s): All] Motion: Adopt the Resolution. 9B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Execution of Amendment No. 1 to the Vendor Services Agreement with Applied LNG Technologies, Inc. (#2397) [Ward(s): All] Motion: Adopt the Resolution. 9C. Civil Service Personnel Actions -Classified (#2372) [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. 9D. Council Office Discuss and Take Possible Action to Change the Mayor and Common Council Meeting Open Session Start Time to 5:00 P.M. (#2473) [Ward(s): All] Motion: Direct the City Attorney to draft an Ordinance Amendment setting the Mayor and Common Council Meeting Open Session Start Time at 5:00 p.m. with Closed Session starting at 3:00 p.m.. 9E. Human Resources Personnel Actions - Unclassified (#2388) [Ward(s): All] 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 51212013 l Joint Regular Meeting Agenda May 6, 2013 9F. Public Works Reject All Proposals for a Design and Build Project to Remove Existing Shoring and Install Replacement Temporary Shoring for Mount Vernon Avenue Overcrossing at the BNSF Yards, Bridge No. 54C-0066. (#2363) [Ward(s): 1,31 Motion: Reject all Proposals for a Design and Build Project to remove existing shoring and install replacement temporary shoring for Mount Vernon Avenue Overcrossing at the BNSF Yards, Bridge No. 54C-0066. 9G. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 3985 Entitled, in Part, "A Resolution...prohibiting Parking Upon Certain Designated Streets, Alleys, or Portions Thereof..." to Establish a No Parking Except by Permit at Any Time Zone on K Street Between Hillcrest Avenue and Mill Street, Esperanza Street Between Eureka Avenue and J Street, Hazel Avenue Between K Street and J Street, Mission Drive Between Grant Avenue and the End of Mission Drive Approximately Eight-Hundred Feet South of Grant Avenue, Eureka Avenue Between Esperanza Street and Mill Street. (#2343) [Ward(s): 31 Motion: Adopt the Resolution. 9H. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement for Services with AECOM Technical Services, Inc. for Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No 54C-0066, CIP Project No. SSO4-012 and Federal Aid Project No. BRLS-5033 (042). (#2334) [Ward(s): 1,31 Motion: Adopt the Resolution. 91. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Purchase Order 2013-61 for a Total of $40,000 to Vulcan Materials Company for the Purchase of Asphalt Materials for Street Repairs. (#2389) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 51212013 Joint Regular Meeting Agenda May 6, 2013 9J. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Process a Budget Amendment in the Amount of $27,000.00 from Account No. 635-400-0100-5113, Motor Fuel and Lubricants, and Transferring Said Amount to Account No. 635-400-0100-5172, Equipment Maintenance. (#2398) [Ward(s): ] Motion: Adopt Resolution. 9K. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with Y Tire Sales Inc. for the Purchase of Tires in FY 12/13 and 13/14 and an Increase to Purchase Order NO. 2013-00000119In the Amount of $150,000, Pursuant to Section 3.04.010 B-3 of the Municipal Code [Ward(s): All] Motion: Adopt the Resolution. 9L. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a Fair Market Value and Sales Price and Declaring the Intention to Sell Real Property Owned by the City of San Bernardino and Designated for Water Department Use, and Granting a Temporary Construction Easement on Real Property Generally Located Southwesterly of Cajon Boulevard and Devore Road, to the State of California Department of Transportation Relative to the I-15/I-215 Devore Interchange Project and Setting a Public Hearing to Consider Said Sale. (#2340) [Ward(s): 61 Motion: Authorize the Director of Public Works, or his designee, to proceed with the sale of City owned real property to the State of California Department of Transportation, generally located southwest of Cajon Boulevard and Devore Road(APN 0349-174-10); and adopt the Resolution. 10. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 10A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency and Successor Entity to the Redevelopment Agency of the City of San Bernardino Authorizing a $150,000 Supplemental Purchase Order for Consulting Services from Urban Futures, Inc. with Respect to Winding Down the Former Redevelopment Agency During Fiscal Year 2012-13 (At Meeting of April 15, 2013, Item Continued to May 6, 2013) (#2378) [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 51212013 Joint Regular Meeting Agenda May 6, 2013 10B. 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; Item Continued to April 1, 2013; Item Continued to May 6,2013.)(#2328) [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 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, May 20, 2013, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Mayor and Common Council of the City of San Bernardino Page 9 Printed 5/2/2013 Joint Regular Meeting Agenda May 6, 2013 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 of the City of San Bernardino Page 10 Printed 51212013