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, AUGUST 5, 2013 2:00 PM CLOSED SESSION 4:00 PM OPEN SESSION COUNCIL CHAMBER 300 NORTH "D" STREET SAN BERNARDINO, CA 92418 WWW.SBCITY.ORG Virginia Marquez Patrick J. Morris Wendy J. McCammack COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Robert D. Jenkins COUNCIL MEMBER, WARD 2 John Valdivia Allen J. Parker CITY MANAGER James F. Penman COUNCIL MEMBER, WARD 3 Fred Shorett COUNCIL MEMBER, WARD 4 Chas A. Kelley COUNCIL MEMBER, WARD 5 Rikke Van Johnson CITY ATTORNEY Georgeann Gigi Hanna CITY CLERK David Kennedy CITY TREASURER COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o 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. o All documents for public review are on file with the City Clerk s Office located on the 2 nd floor of City Hall, 300 North D Street, San Bernardino or may be accessed online by going to http://www.sbcity.org. o 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. o Public comments for agenda items that are not public hearings will be limited to three minutes. o Public comments for items that are not on the agenda will be limited to 3 minutes. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o Please turn off or mute your cell phone while the meeting is in session.
Call to Order Attendee Name Present Absent Late Arrived 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 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; U. S. et al. Hendrix, et al. v. J-M Manufacturing - United States District Court, Case No. EDCV06-0055 (hw). 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: Scott C. Beard, et. al. v. Georgeann Gigi Hanna, et. al. - San Bernardino Superior Court, Case No. CIVDS 1308843. 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: Middle Management Bargaining Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Mayor and Common Council of the City of San Bernardino Page 2 Printed 8/1/2013
2. APPOINTMENTS 2A. Mayor's Office Appointment of Mia N. Zamora-Johnson to the Board of Library Trustees - Mayor Patrick J. Morris (#2611) [Ward(s): All] Approve the appointment of Mia N. Zamora-Johnson to the Board of Library Trustees as requested by Mayor Patrick J. Morris. 2B. Mayor's Office Appointment of Michael Hartley to the Board of Building Commissioners - Council Member McCammack (#2631) [Ward(s): 7] Approve the appointment of Michael Hartley to the Board of Building Commissioners as requested by Council Member McCammack. 2C. Mayor's Office Appointment of Council Members Robert D. Jenkins and Virginia Marquez to the Water Resources JPA (#2632) [Ward(s): All] Approve the appointment of Council Members Robert D. Jenkins and Virginia Marquez to the Water Resources JPA. 3. PRESENTATIONS 3A. San Bernardino Police Department 2013 Awards -- Assistant Chief Jarrod Burguan 3B. Certificate of Commendation -- Brandon Ponce, San Bernardino Youth Baseball President -- Council Member Marquez 3C. Certificate of Recognition -- Frank Guzman -- Council Member McCammack 4. ANNOUNCEMENTS -- ELECTED OFFICIALS & CHAMBER OF COMMERCE Mayor and Common Council of the City of San Bernardino Page 3 Printed 8/1/2013
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 (#2608) [Ward(s): All] Waive full reading of resolutions and ordinances on the agenda dated August 5, 2013. 5B. City Clerk Council Minutes -- June 3, 2013; and June 17, 2013 (#2629) [Ward(s): All] Approve the minutes of the Mayor and Common Council meetings of June 3, 2013; and June 17, 2013, as submitted. 5C. City Attorney Authorizing the Mayor to Execute on Behalf of the City a First Amendment to Amended and Restated Joint Exercise of Powers Agreement Creating an Agency to be Known as the San Bernardino Regional Water Resources Authority. (#2627) [Ward(s): 2] 5D. Civil Service Personnel Actions - Classified (#2592) [Ward(s): All] 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. Mayor and Common Council of the City of San Bernardino Page 4 Printed 8/1/2013
5E. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Adopting Development Code Amendment (Zoning Map Amendment) No. 13-02, a Request to Change the Zoning Designation of the Property Located at 1333 S. Tippecanoe Avenue from Office Industrial Park (OIP) to Industrial Light (IL). (FINAL READING) (#2311) [Ward(s): 3] Adopt the Ordinance. 5F. Human Resources Job Description Revisions/Position Classifications: Senior Customer Service Representative/Dispatcher, Human Resources Analyst, Human Resources Technician, Senior Human Resources Technician, Background Investigator (#2573) [Ward(s): All] Approve job descriptions as proposed. 5G. Human Resources Personnel Actions - Unclassified (#2209) [Ward(s): All] Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. 5H. Human Resources Accepting the City of San Bernardino Fire Management Association's Unit Modification Petition to Expand Its Representation to Include the Position of Deputy Fire Chief (P-6). (#2598) [Ward(s): All] 5I. Human Resources Accepting the City of San Bernardino Police Management Association's Unit Modification Petition to Expand Its Representation to Include the Position of Assistant Police Chief (P-6). (#2599) [Ward(s): All] Mayor and Common Council of the City of San Bernardino Page 5 Printed 8/1/2013
5J. Parks, Recreation & Community Services Accepting a Grant Award from Kaiser Permanente Operation Splash Regional Community Benefit Grant Program for Funding in the Amount of $30,000 and to Ratify the Submittal of an On-Line Grant Application Upon Invite to Kaiser Permanente Fontana and Ontario Medical Centers Community Benefit Grant Program for Funding in the Amount of $25,000 to Provide for the Parks, Recreation and Community Services Department for the 2013 Summer Aquatic Season. (#2399) [Ward(s): All] 5K. Police Authorizing an Amendment to the Police Department's Table of Organization by Eliminating the Code Enforcement Manager (U) Position and Re-Establishing the Animal Shelter Office Supervisor Position, and Authorizing the Director of Finance to Amend the FY 2013/14 Budget and Transfer $129,982 from the General Fund Budget to the Animal Control Budget. (#2597) [Ward(s): All] Adopt Resolution. 5L. Police Authorizing the Execution of an Agreement Between the United States Department of Justice, Drug Enforcement Administration, and the San Bernardino Police Department to Participate in the Los Angeles High Intensity Drug Trafficking Area (HIDTA) Task Force. (#2604) [Ward(s): All] 5M. Police Authorizing the Obligation and Expenditure of the Allocated FY 2013/14 Justice Assistance Grant (JAG) Funds and Execution of a JAG Interlocal Agreement Between the City of San Bernardino and County of San Bernardino. (#2618) [Ward(s): All] Mayor and Common Council of the City of San Bernardino Page 6 Printed 8/1/2013
5N. Public Works A Authorizing the Execution of an Agreement and Issuance of an Annual Purchase Order in the Amount of $55,000 with Three (3) One-Year Extensions at the City s Option to Los Angeles Freightliner of Fontana Pursuant to Section 3.04.010-B3 of the Municipal Code. (#2612) [Ward(s): All] 5O. Public Works Authorizing a Budget Transfer in the Amount of $60,000 from Sewer Line Maintenance Fund Account 5014 (Salaries Temp/Part Time) to Fund Account 5011 (Salaries Perm/Full Time) to Fund the Full-Time Senior Customer Service Representative/Dispatcher Position. (#2603) [Ward(s): N/A] 5P. Public Works Authorizing an Agreement and Issuance of an Annual Purchase Order in the Amount of $450,000 with Three (3) One-Year Extensions at the City s Option to Daniels Tire Service for New and Recapped Tires. (#2487) [Ward(s): All] 5Q. Treasurer's Office Acknowledging the Receipt and Filing of the Annual Statement of Investment Policy for the Period July 1, 2013 through June 30, 2014. (#2591) [Ward(s): All] Mayor and Common Council of the City of San Bernardino Page 7 Printed 8/1/2013
6. STAFF REPORTS 6A. City Manager Authorizing the Execution of a Fourth Amendment to the Consultant Services Agreement Between Urban Futures Inc. and the City of San Bernardino. (#2614) [Ward(s): All] 6B. City Manager Concurring with the Successor Agency to the Redevelopment Agency of the City of San Bernardino and Approving the of Transfer Assets, Service Contracts and Public, Educational & Government (PEG) Fund Account Balances Related to the Inland Empire Media Group (IEMG) to the City of San Bernardino. (#2622) [Ward(s): All] 6C. Finance Authorizing the Execution of a First Amendment to the Consultant Services Agreement Between Bartel Associates LLC and the City of San Bernardino. (#2606) [Ward(s): All] 6D. Human Resources Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority. (#2601) [Ward(s): All] 6E. Human Resources Approving Terms and Conditions of Employment for the Middle Management Unit Employees Represented by the San Bernardino Public Employees' Association (SBPEA), Consistent with Certain Provisions of the City's Pendency Plan, Adopted by the Mayor and Common Council on November 26, 2012, by Resolution No. 2012-278. (#2625) [Ward(s): All] Mayor and Common Council of the City of San Bernardino Page 8 Printed 8/1/2013
6F. Information Technology Authorizing the Execution of an Agreement with and the Issuance of a Purchase Order to SK Telecon, Inc for the Cable Pull Services to the City's Telephone System for the Information Technologies Department in The amount of $35,678.00. (#2590) [Ward(s): All] 6G. Public Works Report to the Mayor and Common Council of the City of San Bernardino Regarding the Emergency Purchase of a New Air Conditioner Unit at the Police Department Building, 710 North D Street (#2615) [Ward(s): 1] Receive and file. 7. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 7A. Executive Director Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the Transfer of Assets, Service Contracts and Public, Educational & Government (PEG) Fund Account Balances Related to the Inland Empire Media Group (IEMG) to the City of San Bernardino (#2620) [Ward(s): All] Mayor and Common Council of the City of San Bernardino Page 9 Printed 8/1/2013
7B. Executive Director 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; Item Continued to July 1, 2013; Item Continued to August 5, 2013) (#2328) [Ward(s): All] 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. 8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA 9. 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 2:00 p.m., Monday, August 19, 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 10 Printed 8/1/2013
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 11 Printed 8/1/2013