HomeMy WebLinkAbout09-06-2011 Jt. Reg Mtg Agenda
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Marris
Council Members:
Virginia Marquez
Raben D. Jenkins
Tobin Brinker
Fred Shorelt
Chas Kelley
Rikke Van Johnson
Wendy McCammack
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, SEPTEMBER 6, 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,
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 IVlvw.sbcitv.orR subject to staff's ability to post the documents before
the meetings.
CALL TO ORDER:
PRESENT:
ABSENT:
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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
I. 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):
Jamora Allen and Jarriel Allen, Jr., throuRh their Guardian Ad Litem
Keyondra Marshall; Sherry Watson, Individually and as Represemative
of the Estate of Jarriel Dashawn Allen; and Jerry Allen vs. City of San
Bernardino; Officer Adam Affrumi; and Officer Chris Gray - San
Bernardino Superior Coun, Case No. CIVSS 805915;
Lorelei Geri Franske, et al v. Jason B. Lim, et al. - San Bernardino
Superior Coun, Case No. CIVDS 903488;
Cedric May Sr., Brenda Standifer, S.D.M. and S.J.M. minors, by and
throuRh their Ruardian ad litem Sasha Graves, Maurice JenninRs,
Amhony JenninRs, and Jashanda Sandifer v. City of San Bernardino,
Officer Joseph ARuilar, Officer Jose Vasquez, Officer Byron Clark,
Officer LanRston CanriRht, Officer Melissa Flim, and SerReam James
Beach - United States District Coun, Case No. EDCV 10-00978 VAP;
Manha Jo Peters v. City of San Bernardino, et. al. - Riverside County
Superior Coun, Case No. RIC /100706;
San Bernardino City Professional FirefiRhters, Local 891 v. City of San
Bernardino - PERB Unfair Practice Charge No. LA-CE-714-M.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9:
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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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
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RECONVENE MEETING - 3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
3. Presentations.
A. Proclamation designating September 10, 2011 as City Pride City-Wide
Day
B. Presentation of $10,000 check from Lorna Linda University Medical
Center for Healthy San Bernardino
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. Infonnation conceming Consent Calendar items is available for public
review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
22 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 September 6,2011, 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: June 20, 2011 (Distributed 8/31/11)
June 28, 2011 (Distributed 8/31/11)
June 29, 2011 (Distributed 8/31/11)
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated August 30, 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 September I, 20 II, 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.
Human Resources
9. Resolution of intention authorizing an amendment to contract between the City
of San Bernardino and the Board of Administration California Public
Employees' Retirement System. (See Attached) (Resolution not available at
time of printing.) (No Cost to the City)
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino to tax defer California Public
Employees' Retirement System member paid contributions - IRC 414(h)(2).
(See Attached) (No Cost to the City) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of Amendment No. I to the Transitional Services
Agreement between the City of San Bernardino and Keith L. Kilmer. (See
Attached) (No Cost to the City - $9,962 in Savings to the General Fund)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Information Technology
12. Resolution of the Mayor and Common Council authorizing the execution of a
Memorandum of Understanding with the City of San Bernardino Water
Department and an agreement with Federal Edge, Inc. for the purchase of a new
Enterprise Backup System. (See Attached) (Cost to the City - $25,408 in FY
2011/2012 from IT Business Systems Program Lease/Purchase) (Resolution
not available at time of printing.) All Wards
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(Item Continued on Next Page)
12. Continued.
MOTION: That said resolution be adopted.
Parks, Recreation and Community Services
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Memorandum of Understanding
between Omnitrans and the City of San Bernardino and accept $336,000 of
funding to be applied to the Nunez Park/Ruben Campos Center Renovation
Capital Improvement Project (PR04-38). (See Attached) (Cost to the City -
$336,000 from Park Construction Fees/Grant Revenue) (Resolution not
available at time of printing.) Ward 1
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2011-2012 budget to increase
Revenue Account No. 243-160-4651-0000 by $336,000 and
appropriate $336,000 into Expenditure Account No. 243-160-
5504-7595-0025 as outlined in the staff report from the Director
of Parks, Recreation and Community Services, dated August 22,
2011.
14. Item deleted.
15. Item deleted.
Police Department
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with the United States Department of
Justice for the San Bernardino Police Department to participate as a member of
the Drug Enforcement Administration (DEA) Task Force. (See Attached) (No
Cost to the City) All Wards
MOTION: That said resolution be adopted.
Public Works
17. Resolution of the City of San Bernardino authorizing the execution of
Memorandum of Understanding (MOU) CI1223 with San Bernardino
Associated Governments (SANBAG) defining the roles and responsibilities of
the agencies for maintaining and operating San Bernardino Valley Coordinated
Traffic Signal Timing Program Tiers 1,2,3, and 4. (See Attached) (No Cost to
the City) All Wards
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09/06/20) )
MOTION: That said resolution be adopted.
18. Resolution of the City of San Bernardino approving Amendment No. I to the 2-
year Capital Improvement Program (2008-2010) for Measure I Local
Expenditures. (See Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted.
19. Item deleted.
20. Resolution approving Jurisdiction Master Agreement No. CI2024 with the San
Bernardino County Transportation Authority and the City of San Bernardino for
partial funding of eligible projects identified in the Measure I 2010-2040
Strategic Plan under the Valley Major Street Program-Arterial Subprogram.
(See Attached) (No Cost to the City) (Resolution not availahle at time of
printing.) All Wards
MOTION: That said resolution be adopted.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the termination of the Third Amendment to the Waste Delivery
Agreement between the County of San Bernardino and the City of San
Bernardino. (See Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted.
22. Resolution of the City of San Bernardino authorizing and directing execution of
a License Agreement with San Bernardino Community College District for an
encroachment within "K" Street north of Grant Street, within the City, for the
installation, operation, and maintenance of a private sewer pipeline. (See
Attached) (No Cost to the City) Ward 3
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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COMMITTEE CONSENT
City Manaeer
Recommended for approval at the Ways and Means Committee meetine of
Aueust 17, 2011 - Committee Members Present: Shorett, Kelley
23. Resolution of the Mayor and Common Council authorizing the execution of an
agreement between the City of San Bernardino and the San Bernardino
Convention and Visitors Bureau dba Route 66 for in-kind support services for the
nnd annual Stater Bras Route 66 Rendezvous. (Staff Report and Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
Council Office
Recommended for approval at the Hometown Military Banner Ad Hoc
Committee meetine of Aueust 16, 2011 - Committee Memhers Present:
Johnson, Marquez, McCammack
24. San Bernardino Hometown Military Banner Program (See Attached) All Wards
MOTION:
That the criteria for the San Bernardino Hometown Heroes
Military Banner Program be approved.
Human Resources
Recommended for approval at the Personnel Committee meetine of Aueust
25, 2011 - Committee Members Present: Johnson, Marquez, Brinker
25. Position reclassification, Community Development Department. (See Attached)
(No Cost to the City - Anticipated Savings $11,000) All Wards
MOTION: That the Mayor and Common Council: I) Reclassify Mobile
Home Park Inspector position, Range 1490, $5,113
$6,215/month to Building Inspector II position, Range 1460,
$4,402 - $5,351/month; 2) Delete Mobile Home Park Inspector
position, Range 1490, $5,113 - $6,215/month; 3) Authorize the
Director of Finance to incorporate the changes into the FY
2011/12 budget; and 4) Authorize the Director of Human
Resources to update Resolution Nos. 97-244 and 2011-218 to
reflect this action.
26. Recommended for approval at the Personnel Committee meetine of Aueust
25, 2011 - Committee Members Present: Johnson, Marquez, Brinker
Position reclassification, Community Risk Reduction Division of the Fire
Department (See Attached) (No Cost to the City) All Wards
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(Item Continued on Next Page)
26. Continued.
MOTION: That the Mayor and Common Council: I) Establish Community
Fire Risk Reduction Supervisor position, Range 2500, $5,374 -
$6,532/month; 2) Reclassify Fire Prevention Supervisor position,
Range 2480, $4,864 - $5 ,9 12/month, to Community Fire Risk
Reduction Supervisor position, Range 2500, $5,374
$6,532/month; 3) Delete Fire Prevention Supervisor position,
Range 2480, $4,864 - $5,912/month; 4) Approve job description
as proposed; 5) Authorize the Director of Human Resources to
update Resolution Nos. 97-244 and 2011-218 to reflect this
action; and 6) Authorize the Director of Finance to incorporate
the changes into the FY 2011/12 budget.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Community Development
Continued from AUl:ust 15, 2011
To be heard at 4:00 p.m.
27. Public Hearing - Amendment to Development Agreement No. 91-01 between
the City of San Bernardino and the developer of the Inland Center Mall (No
Cost to the City) (Backup materials distributed on July 18, 2011, Item No.
33; item continued to August 15, 2011, Item No. 16.) Ward 3
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.
The hearing remains open...
MOTION: That the matter be continued to September 19, 2011.
END OF PUBLIC HEARINGS
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CONTINUED ITEMS
City Mana~er
Continued from Au~ust IS, 2011
28. 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 Years 2010/2011 and 2011/2012. (See New Backup Attached) (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; item continued to
July 18, 2011, Item No. 36; item continued to August 1, 2011, Item No. 20;
item continued to August 15, 2011, Item No. 18.) All Wards
MOTION: That said resolution be adopted.
Fire Department
Continued from Au~ust 15, 2011
29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of agreements and issuance of annual purchase orders
to All-star Fire Equipment in the amount of $60,000 and Fisher Scientific
Company L.L.C. in the amount of $10,000 for replacement of protective
clothing and equipment for structural firefighting. (Cost to the City - $70,000
from Materials & Supplies) (Backup materials distributed on August I,
2011, Item No. 16; item continued to August IS, 2011, Item No. 19.)
All Wards
MOTION: That the matter be tabled.
Finance
Continued from Au~ust IS, 2011
30. Full Cost Allocation Plan Report and Right of Way Study (No Net Cost to the
City) (Backup materials distributed on August IS, 2011, Item No. 21.)
All Wards
MOTION: That the Mayor and Common Council authorize the Director of
Finance to begin implementation of the Full Cost Allocation Plan
and Right of Way Study.
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END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
31. Create four (4) new payroll line items to City Employees' Voluntary Charitable
Contribution Choices (See Attached) All Wards
MOTION: That the City Manager direct the Director of Finance to create
four (4) new payroll line items whereby employees may
voluntarily donate to these specific four (4) existing bona fide
501(c)(3)s: Friends of the Park, Friends of the Library,
H.E.A.L. (Helping Every Animal League) and Friends of C.J.D.
(Center for Individuals with Disabilities) and direct the City
Attorney's Office in cooperation with the City Manager's Office
to draft necessary legal documents; and that the City Manager be
directed to establish criteria for future similar requests that will
be presented to the Mayor and Common Council at a future
Council meeting.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
R32. Resolution of the Community Development Commission of the City of San
Bernardino approving the form of and ratifying the filing of an Enforceable
Obligations Payment Schedule as required by ABxl 26. (See Attached)
All Wards
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
33. 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"
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09/06/20 II
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.)
34. Adjournment.
MOTION: That the meeting be adjourned to 6:00 p.m. on Wednesday,
September 14, 2011 in the Management Information Room (MIC)
for Closed Session.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p.m., MOllday, September 19, 2011, in the Council Chambers of City
Hall, 300 North "0" 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.
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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.
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Public comments will not be received on any item on the agenda when a public hearing
has been conducted and closed.
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