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HomeMy WebLinkAbout07-18-2011 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JULY 18, 2011 – 1:30 P.M. COUNCIL CHAMBERS 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. (Community Development Commission Items are on pages 13-14.) Any writings or documents provided to a majority of the City Council/Commission regarding any item on the agenda will be made available for public inspection at the City Clerk’s Counter at City Hall located at 300 N. “D” Street, 2nd Floor, during normal business hours. In addition, such writings and documents will be posted on the City’s website at www.sbcity.org subject to staff’s ability to post the documents before the meetings. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 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. CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel – existing litigation – pursuant to Government Code Section 54956.9(a): Donald Sipple, et al. v. City of San Bernardino, et al. – Los Angeles Superior Court, Case No. BC 462270. 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: American Traffic Solutions v. City 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 Unit G. Conference with real property negotiator – pursuant to Government Code Section 54956.8. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. 3. Presentations. A. Service Pin Awards Ceremony. 4. Announcements by Mayor and Common Council. 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. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 23 be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated July 18, 2011, be waived. 6. Council Minutes. MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: April 26, 2011 (Distributed 07/11/11) June 6, 2011 (Distributed 07/13/11) June 23, 2011 (Distributed 07/13/11) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated July 12, 2011, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated July 14, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. City Manager 9. Report from Measure Z Citizen's Oversight Committee on Uses of Measure Z Funds - July 1, 2009 through June 30, 2010. (See Attached) (No Cost to the City) All Wards MOTION: That the report from the Measure Z Citizen’s Oversight Committee on Uses of Measure Z Funds – July 1, 2009 through June 30, 2010, be received and filed. Fire 10. 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 Sport Trailers in the amount of $61,557.75 for five mobile community emergency response team trailers. (See Attached) (No Cost to the City - $61,557.75 from Federal and State Program 2009 Urban Area State Initiative Grant) All Wards MOTION: That said resolution be adopted. Human Resources Laid over from July 5, 2011 11. An ordinance of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the contract between the Mayor and Common Council of the City of San Bernardino and the Board of Administration of the California Public Employees’ Retirement System. (See New Request for Council Action Attached) FINAL READING (No Cost to the City) (Backup materials distributed on July 5, 2011, Item No. 21.) All Wards MOTION: That said ordinance be adopted. 12. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Ten, Eleven, Twelve, and Fourteen, entitled in part "A Resolution… establishing a basic Compensation Plan …", by updating information codifying prior Council actions (General, Middle-Management, and Confidential & Management). (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 13. Establishment of salaries for Police Department Ranges P-1, P-2, P-3, P-4, P-5, P-6, P-7 & Law Enforcement Trainee, effective August 1, 2010. (See Attached) (No Cost to the City) All Wards MOTION: That the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant), P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief), P-7 (Chief) and Law Enforcement Trainee be established, effective August 1, 2010; and that the Human Resources Director be authorized to amend Resolution No. 6429 to reflect the above action. 14. Resolution 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. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Information Technology 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a declaration of support for the California Emerging Technology Fund's "GetConnected!" Program. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the agreement with Time Warner Cable for Direct Internet Service. (See Attached) (Cost to the City - $31,500 from Professional/Contractual Services) All Wards MOTION: That said resolution be adopted. Parks, Recreation & Community Services 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to issue a change order to increase Purchase Order No. 303564 by $29,900 to $318,800 annually for West Coast Arborists to provide tree trimming services throughout the City of San Bernardino, with the addition of open park space facilities. (See Attached) (Cost to the City - $29,900 from Park Maintenance Landscape Contracts) All Wards MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to issue a change order to increase Purchase Order No. 303757 by $223,662 to $606,577 for Roadway Engineering and Contracting Inc. for construction of the Verdemont Community Center and Landscaping at Al Guhin Park per Capital Improvement Program Project PR04-28. (See Attached) (Cost to the City - $223,662 from AB1600 Parkland & Open Space Acquisition, Measure I) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. Police 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding regarding security at Patton State Hospital between the City of San Bernardino and its Police Department, Department of Mental Health at Patton State Hospital, Hospital Police Department (HPD), Department of Corrections and Rehabilitation (CDCR). (No Cost to the City) Ward 4 MOTION: That said resolution be adopted. Public Works 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order with three single year renewal options in the amount of $45,000 to United Rotary Brush Corporation pursuant to RFQ F-11-18 for rewound main and gutter sweeper brooms. (See Attached) (Cost to the City - $45,000 from Materials & Supplies) All Wards MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino authorizing the execution of Amendment No. 2 to agreement with AECOM Technical Services to provide Civil Engineering Design Services and Project Management Services for State Street from 16th Street to Foothill Boulevard - extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SS04-09). (See Attached) (Cost to the City - $291,000 from SS04-09 State Street Construction from 5th Street – 16th Street) Ward 6 MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to annual Purchase Order Number 211117 in the amount of $205,000 to Inland Regional Material Recovery Facility (IRMRF) for Organic Material (Green Waste) Recycling Services. (See Attached) (Cost to the City $205,000 from Dump & Waste Fees) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2010/11 Budget and transfer $165,000 from Account No. 527-400-5706-0000-0001 (Alterations and Renovations) to 527-400-5179-0000-0095 (Dump and Waste Fees) and $40,000 from Account No. 527-400-5179-0000-0097 (Dump and Wasted Fees) to 527-400-5179-0000-0095 (Dump and Waste Fees); and that said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the FY 2011-12 Oil Payment Program application for funds from the Department of Resources Recycling and Recovery (CalRecycle). (See Attached) (No Cost to the City – $50,000 in Grant Funds; No City-match Funds required) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT City Attorney Recommended for approval at the Legislative Review Committee meeting of June 21, 2011 – Committee Members Present: Marquez, McCammack, Shorett 24. Ordinance of the Mayor and Common Council of the City of San Bernardino adding Chapter 8.83 to the San Bernardino Municipal Code regarding accountability for social hosts of minors. FIRST READING (See Attached) (No Cost to the City) All Wards (Item Continued on Next Page) 24. Continued. MOTION: That said ordinance be laid over for final adoption. Human Resources Recommended for approval at the Personnel Committee meeting of July 14, 2011 – Committee Members Present: Johnson, Brinker 25. Approval of Neighborhood Services Coordinator/Assistant of the City Manager (U) job description and reclassification (See Attached) (No Cost to the City) All Wards MOTION: That the Mayor and Council: 1) Establish one (1) Neighborhood Services Coordinator/ Assistant of the City Manager (U) position, Range 4510, $5,649-$6,867/month; 2) Reclassify one (1) Assistant to Mayor III (U) position, Range 4510, $5,649-$6,867/month, to Neighborhood Services Coordinator/Assistant of the City Manager (U), Range 4510, $5,649-$6,867/month; 3) Approve job description as proposed; and 4) Authorize the Director of Human Resources to update Resolution No. 2008-33 to reflect this action. Human Resources Recommended for approval at the Personnel Committee meeting of July 14, 2011 – Committee Members Present: Johnson, Brinker 26. Approval of revised Community Relations Supervisor/Assistant of the City Manager (U) job description (See Attached) (No Cost to the City) All Wards MOTION: That the job description be approved as proposed. Human Resources Recommended for approval at the Personnel Committee meeting of July 14, 2011 – Committee Members Present: Johnson, Brinker 27. Update of job descriptions for the Community Development, Code Enforcement Division (See Attached) (No Cost to the City) All Wards MOTION: That the job descriptions be approved as proposed. Parks, Recreation and Community Services Recommended for approval at the Grants Ad Hoc Committee meeting of July 12, 2011 – Committee Members Present: Brinker, Kelley 28. Resolution of the City of San Bernardino ratifying the submittal of a grant application to Kaiser Fontana Community Benefit Grants Program for funding in the amount of $25,000 to provide the Parks, Recreation and Community Services Department Aquatics Program for the 2011 summer season. (See Attached) (No Cost to the City - $25,000 in Grant Revenue; No City-match funds required) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Police Recommended for approval at the Grants Ad Hoc Committee meeting of June 28, 2011 – Committee Members Present: Brinker, McCammack, Kelley 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Memorandum of Understanding with the City of Riverside Office of Emergency Management for the purpose of accepting and administering the 2010 Urban Area Security Initiative (UASI) Grant and authorizing the execution of a Vendor Services Agreement between the City of San Bernardino and leverage information systems, Inc. for the Downtown Protection Zone Camera System. (See Attached) (No Cost to the City - $858,000 from 2010 Urban Area Security Initiative Grant) All Wards MOTION: That said resolution be adopted Police Recommended for approval at the Grants Ad Hoc Committee meeting of July 12, 2011 – Committee Members Present: Brinker, Kelley 30. Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2011-12 Justice Assistance Grant (JAG) Funds and execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino. (See Attached) (No Cost to the City -$176,199 in Grant Revenue) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS Community Development To be heard at 4:00 p.m. Continued from June 20, 2011 31. Public Hearing – Resolution adopting General Plan Amendment No. 08-05 (No Cost to the City) (Backup distributed on June 6, 2011, Item No. 34; item continued to June 20, 2011, Item No. 32.) Ward 1 A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 08-05 to change the Land Use Designation from Commercial General (CG-1) and Industrial Light (IL) to Industrial Heavy (IH) on approximately 7.69 acres and approving Conditional Use Permit No. 09-04 to expand an existing 28.7-acre auto dismantling and vehicle storage business by 7.69 acres and establish auto repair service at 701 North Waterman Avenue. The hearing remains open… MOTION: That the hearing be closed; and that said resolution be adopted. Community Development To be heard at 4:00 p.m. Continued from July 5, 2011 32. Public Hearing – Establishing the schedule of fees for the Crime Free Rental Housing Program. (See New Backup Materials Attached) (No Cost to the City) (Backup materials distributed on July 5, 2011, Item No. 18.) All Wards Resolution of the Mayor and Common Council of the City of San Bernardino establishing the schedule of fees for the Crime Free Rental Housing Program. Mayor to open the hearing… MOTION: That the hearing be closed; and that said resolution be adopted. Community Development To be heard at 4:00 p.m. 33. Public Hearing – Amendment to Development Agreement No. 91-01 between the City of San Bernardino and the developer of the Inland Center Mall (See Attached) (No Cost to the City) Ward 3 (Item Continued on Next Page) 33. Continued. A resolution of the Mayor and Common Council of the City of San Bernardino approving an amendment to Development Agreement No. 91-01 between the City of San Bernardino and the developer of the Inland Center Mall, located at 500 South Inland Center Drive. (Resolution not available at time of printing.) Mayor to open the hearing… MOTION: That the hearing be closed; and that said resolution be adopted. Community Development To be heard at 4:00 p.m. 34. Public Hearing – Ordinance amending Chapter 19.14 (Freeway Corridor Overlay District), Sections 19.14.030 of the San Bernardino Municipal Code (Development Code) (See Attached) (No Cost to the City) All Wards An ordinance of the City of San Bernardino amending Chapter 19.14 (Freeway Corridor Overlay District), Sections 19.14.030 of the San Bernardino Municipal Code (Development Code) related to Landscape and Building Setback Development Standards. FIRST READING Mayor to open the hearing… MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. Community Development To be heard at 4:00 p.m. Recommended for approval at the Legislative Review Committee meeting of May 17, 2011 – Committee Members Present: Marquez, McCammack, Shorett 35. Public Hearing – Ordinance amending Sections 5.04.370, 5.04.495, 19.02.050, 19.06.030(2)(N) and Chapter 19.70 of the Municipal Code (See Attached) (No Cost to the City) All Wards An ordinance of the Mayor and Common Council of the City of San Bernardino amending Sections 5.04.370, 5.04.495, 19.02.050, 19.06.030(2)(N) and Chapter 19.70 of the Municipal Code to permit food carts subject to specified location criteria and Community Gardens with produce stands by temporary use permits. FIRST READING (Ordinance not available at time of printing.) (Item Continued on Next Page) 35. Continued. Mayor to open the hearing… MOTION: That the hearing be closed; and said ordinance be laid over for final adoption. END OF PUBLIC HEARINGS CONTINUED ITEMS City Manager Continued from July 5, 2011 36. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. (No Cost to the City) (Backup distributed on May 16, 2011, Item No. 9; item continued to June 6, 2011, Item No. 35; item continued to June 20, 2011, Item No. 40; item continued to July 5, 2011, Item No. 19.) All Wards MOTION: That the matter be continued to August 1, 2011. Fire Continued from July 5, 2011 37. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2011 through June 30, 2016. (No Cost to the City - $487,000 Revenue) (Backup distributed on June 6, 2011, Item No. 13; item continued to June 20, Item No. 41; item continued to July 5, 2011, Item No. 20.) All Wards MOTION: That the matter be continued to August 1, 2011. END OF CONTINUED ITEMS STAFF REPORTS Council Office 38. Discussion and review of Section 5.56 of the Municipal Code regarding junk and second-hand dealers (See Attached) (No Cost to the City) All Wards MOTION: That the matter be referred to the Legislative Review Committee. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for final approval at the Redevelopment Committee meeting on May 19, 2011 – Committee Members Present: Johnson, Marquez To be heard at 4:30 p.m. Continued from July 5, 2011 R39. Joint Public Hearing – Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and In-N-Out Burgers, Inc., a California corporation – Southeast corner of 5th and H Streets (Central City North Redevelopment Project Area) (See Attached) (No backup materials distributed on June 20, 2011, Item No. R50; item continued to July 5, 2011, Item No. R22.) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to a Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and In-N-Out Burgers, Inc., a California corporation – Southeast corner of 5th and H Streets (Central City North Redevelopment Project Area). (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute a Disposition and Development Agreement by and between the Agency and In-N-Out Burgers, Inc., a California corporation – Southeast corner of 5th and H Streets (Central City North Redevelopment Project Area). The hearing remains open… MOTION: That the hearing be closed; and that said resolutions A and B, be adopted. Continued from July 5, 2011 R40. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute a Professional Services Agreement by and between the Agency and Joseph E. Bonadiman and Associates, Inc. (“Consultant”) for professional design and engineering services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area) (Backup materials distributed on July 5, 2011, Item No. R25.) Wards 5 & 6 MOTION: That the matter be tabled. Continued from July 5, 2011 R41. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute a Professional Services Agreement by and between the Agency and Allwest Development Company, Inc. (“Consultant”) for construction management services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area). (Backup materials distributed on July 5, 2011, Item No. R26.) Wards 5 & 6 MOTION: That the matter be tabled. R42. Reinstatement and continuation of the powers of the Redevelopment Agency of the City of San Bernardino (See Attached) All Wards (Mayor and Common Council) An Ordinance of the City of San Bernardino providing for the reinstatement and continuation of the powers of the Redevelopment Agency of the City of San Bernardino. FIRST READING MOTION: That said ordinance be laid over for final adoption. R43. Acknowledgement of the Economic Development Agency’s final form of the Fiscal Year 2011-2012 Budget (See Attached) All Wards (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino, California, acknowledging the final form of the Economic Development Agency’s Budget for the Fiscal Year 2011-2012. MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 44. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 45. Adjournment. MOTION: That the meeting be adjourned to July 21, 2011 at 5:00 p.m. in the Economic Development Agency Boardroom for the purpose of an Operational Guidelines Workshop. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, August 1, 2011, 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.