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Home My WebLink About01-23-2012 Reg Mtg CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION MONDAY, JANUARY 23,2012 -1:30 PM COUNCIL CHAMBERS. 300 NORTH "D" STREET. SAN BERNARDINO, CA 92418 . WWW.SBCITY.ORG Virginia Marquez COINCIL :\IE,IBER, WARD I Robert D. Jenkins COl'NCIL :\IDlIlER, WAIW l Tobin Brinker Cm 'NCIL :\IE,IBER, WARD 3 Fred Shorett COl'NCIL:\IDlIlER, WARD ,I Chas Kelley CorNCIL :'vIDtBER, WAI,D 5 Rikke Van Johnson COl'''CIL :'vlE:\mER, WARD Ii Patrick J. Morris 1\1.\ YOJ< Wendy McCammack COl':\CIL MEMBER, WARD 7 Charles McNeely CITy:\>J,\:\AGER James F. Penman CITY ATTllRNEY Rachel G. Clark, CMC CITY Cl.ERK David Kennedy C1TY1'REA:'l'RER Welcome to a meeting of the Mayor and City Council and the Community Development Commission ofthe 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 documentsfor public review are onfile with the City Clerk's Office located on the 2,d fioorofCity 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. Joint Regular Meeting CALL TO ORDER Agenda January 23, 2012 Atte~ndee .~a,!,!e _._ Mayor Patrick J. Morris Council Member, Ward I Virginia Marquez Council Member, Ward 2 Robert D. Jenkins Council Member, Ward 3 Tobin Brinker Council Member, Ward 4 Fred Shorett <;:ouncil Member~.Ward 5 Chas A. Kelley Council Member, Ward 6 Rikke Van Johnson Council Member, Ward? Wendy J. McCammack City Attorney James F. Penman City Clerk Rachel G. Clark City Manager Charles McNeely Present o o o o o o o o o o o Absent o o o o o o o o o o o ~Late o o o o o o o o o o o Arrival I. 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/Community Development Commission. No member of the public shall be permitted to "share" hislher 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): Allen. J. A. Et al v. City of San Bernardino - United State District Court Case No. USDC CV -09-1388 JLQ (lCx); James J. Brown. v. City of San Bernardino. San Bernardino Police Department Of cr. Campbell. in his individual capacity: Ofcr. Castro. in his individual capacity: Ofcr. Cardillo. in his individual caoacitv: and Does I-50. Inclusive - San Bernardino Superior Court, Case No. CIVDS 1007751; Richard Marlatt v. City of San Bernardino. County of San Bernardino and Does I through 30. inclusive - San Bernardino Superior Court Case No. CIVDS 1000163; Maria D. Meiia. Salvador Melgoza: M.A. Guadalupe Melgoza v. Citv of San Bernardino: Does 1-10. Inclusive - United States District Court Case No. ED CV 11-00452 V AP (DTBx); Zimmon. Garrett v. City of San Bernardino -Ind. Disability Ret Application - San Bernardino Superior Court, Case No. CIVDS 906555. 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. Mayor and Common Council of the City o/San Bernardino Pagel Printed 1/19/2012 Joint Regular Meeting Agenda January 23, 2012 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: Executive Director Deputy Director - EDA Deputy Director - RDA Chief Financial Officer Director of Administrative Services Director of Housing and Community Development Director of Marketing and Special Events Accounting Manager Financial Analyst Executive Secretary Project Manager Marketing/Public Relations Manager Senior Urban Planner CATV / IEMG Broadcast Engineering Coordinator CATV / IEMG Production Coordinator Assistant Project Manager Senior Admin Analyst Real Estate Acquisition GIS / Graphic Analyst Administrative Analyst Business Solutions Coordinator Senior Accounting Technician Records Management Specialist CATV / lEMG Production Technician CATV / IEMG Production/Traffic Specialist Administrative Assistant Secretary Operations Specialist II Administrative Clerk III Receptionist CA TV / IEMG Production/Programming Assistant CATV / IEMG Administrative Assistant Public Service Temporary Employees 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 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Mayor and Common Council afthe City afSan Bernardino Page3 Printed 1/19/2012 Joint Regular Meeting Agenda January 23, 2012 2. APPOINTMENTS A. Mavor's Office Appointment of Chehab Elawar to the Community Development Citizen's Advisory Committee - Council Member Shoret!. [Ward(s): 4] Motion: Approve the appointment of Chehab Elawar to the Community Development Citizen's Advisory Committee as requested by Council Member Shorett. 3. PRESENT A nONS A. Service Pins Awards Ceremony B. Student of the Month C. Citizen of the Month D. Employee Recognition Awards E. Chamber of Commerce Announcements 4. ANNOUNCEMENTS A. Announcements from Elected Officials and the City Manager 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 Consellt Calendar and considered in its normal sequence on the agenda. Information c01lcerning C01lsent Cale1ldar items is available for public review. A. City Attornev Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.69.090 Regarding Possession of Graffiti Tools by Juveniles. (FINAL READING) (Recommended for Approval at the Legislative Review Committee Meeting of December 6, 2011 - Committee Members Present: Marquez, McCammack, Shorett) [Ward(s): All) Motion: Adopt Ordinance. Mayor and Common Council of the City olSan Bernardino Page 4 Printed ///9/20/2 Joint Regular Meeting Agenda January 23, 2012 B. City Clerk Waive Full Reading of Resolutions and Ordinances [Ward(s): AliI Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated January 23,2012. C. City Manal!er Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Continuation of the Professional Services Agreement by and Between the City of San Bernardino and AECOM Technical Services, Inc., to Complete the City's Sustainability Master Plan. (Ward(s): All] Motion: Adopt Resolution. D. Civil Service Personnel Actions - Classified [Ward(s): Alii 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. Community Development An Ordinance Deleting Amendment MC 1356 and Amending Chapter 19.06, Table 06.01, List of Permitted Uses, in Chapter 19.06 of the Municipal Code (Development Code), to Permit New Movie Theaters Not Otherwise Exempted by a Development Agreement, with an Auditorium of 3,000 Sq. Ft. or Less and 200 or Fewer Seats, with No Limit of the Number of Screens in Any Theater Complex (DCA II-II). (FINAL READING) [Ward(s): All] Motion: Adopt Ordinance. F. Finance Approval of Commercial Checks and Payroll Checks [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. G. 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, Community Development Commission and Economic Development Agency policies and procedures. Mayor and Common Council afthe City of San Bernardino Page 5 Printed J / J 9/20 J 2 Joint Regular Meeting Agenda January 23, 2012 H. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Agreement Between the City of San Bernardino and the County of San Bernardino for Participation in the San Bernardino County Sheriff Department's Prisoner Work Release Program. (Ward(s): All] Motion: Adopt Resolution. 6. COMMITTEE CONSENT A. City Manal!er Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the City of San Bernardino and the Black Culture Foundation for Financial Assistance from the 2011-2012 Civic and Promotion Fund. (Recommended for Approval at the Ways and Means Committee Meeting of January 11, 2012 - Committee Members Present: Kelley, Johnson, Shorett) (Ward(s): All] Motion: Authorize direct funding in the amount of $6,000 and indirect funding in the amount of $26,358 from the FY20 11 /12 Civic and Promotion Fund; approve waiver of fees for use of City personnel and equipment to assist with the 2012 Black History Event; and adopt Resolution. B. Human Resources Establish New Job Description for Office Assistant, Unclassified (Recommended for Approval at the Personnel Committee Meeting of January 12, 2012 - Committee Members Present: Johnson, Marquez, Jenkins) (Ward(s): Alii Motion: Approve the job description for Office Assistant (U), Range 3330, $2302 - $2798/month; authorize the Director of Finance to incorporate the changes into the FY 2011-12 budget; and authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. Mayor and Common Council a/the City of San Bernardino Page 6 Printed 1/19/2012 Joint Regular Meeting Agenda January 23, 2012 C. Human Resources Human Resources Department Reorganization (Recommended for Approval at the Personnel Committee Meeting of January 12, 2012 - Committee Members Present: Johnson, Marquez, Jenkins) IWard(s): All] Motion: Delete Risk Manager position, Range 4550, $6896 - $8383/month; establish one (I) Risk Division Manager position, Range 4570, $7620 - $9262/month; reclassity Workers' Compensation Manager position, Range 4550, $6896 - $8383/month, to Risk Division Manager position, Range 4570, $7620 - $9262/month; delete Workers' Compensation Manager position, Range 4550, $6896 - $8383/month; establish one (I) Senior Workers' Compensation Adjuster position, Range 3500, $5374 - $6532/month; reclassity one (I) Workers' Compensation Adjuster position, Range 3480, $4864 - $59 I 2/month, to Senior Workers' Compensation Adjuster position, Range 3500, $5374 - $6532/month; delete one (I) Workers' Compensation Adjuster position, Range 3480, $4864 $5912/month; delete Human Resources Manager position, Range 4530, $6242 - $7587/month; establish one (I) Human Resources Division Manager position, Range 4570, $7620 - $9262/month; reclassify part-time Human Resources Technician to full-time Human Resources Technician, Range 1390, $3105 - $3774/month; reclassity one (I) Departmental Accounting Technician position, Range 1370, $2810 - $3416/month, to Administrative Assistant position, Range 1380, $2954 - $3591/month; delete one (I) Departmental Accounting Technician position, Range 1370, $2810 - $3416/month; authorize the Director of Finance to incorporate the changes into the FY 20 I 1-12 budget; and authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. D. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of the Funding Request Form to the Department of Resources Recycling and Recovery (CaIRecycle) for Beverage Container Recycling and Litter Reduction Activities. (Recommended for Approval at the Grants Ad Hoc Committee Meeting of January 17,2012 - Committee Members Present: Brinker, Jenkins) [Ward(s): All] Motion: Adopt Resolution. E. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Application for the Submittal of the Waste Tire Clean-Up Grant from the California Department of Resources Recycling and Recovery (CaIRecycle). (Recommended for Approval at the Grants Ad Hoc Committee Meeting of January 17, 2012 - Committee Members Present: Brinker, Jenkins) IWard(s): AliI Motion: Authorize the Director of Finance to amend the FY 2011-12 budget to receive grant funds; and adopt Resolution. Mayor and Common Council a/the City of San Bernardino Page 7 Printed ///9/20/2 Joint Regular Meeting Agenda January 23, 2012 F. Public Works Set Public Hearing for March 19,2012 at 4:00 P.M. in the Council Chambers to Consider Rate Adjustments for Integrated Waste Division Customers. (Recommended for Approval at the Ways and Means Committee Meeting of January 11,2012 - Committee Members Present: Kelley, Johnson, Shorett) [Ward(s): All] Motion: Set a public hearing for March 19, 2012, at 4:00 p.m. in the Council Chambers to consider rate increase for Integrated Waste Management customers; and authorize the required notifications. 7. CONTINUED ITEMS A. City Attornev Resolution of the Mayor and Common Council of the City of San Bernardino to Appoint the San Bernardino Economic Development Corporation to Administer Successor Agency Activities of the City in Its Capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino. [Ward(s): All] Motion: Table. 8. STAFF REPORTS A. City Attornev City Attorney's Request for Additional Funding in the Amount of $16,400 to Pay Outstanding Defense Expert Costs in Richard "Scott" Moss, Et AI. Vs. City of San Bernardino, Et AI., United States District Court, Central District of California, EDCV 07- 01027 SGL (Opx).[Ward(s):] Motion: Authorize the Director of Finance to amend the FY 2011-12 City Attorney Office budget by transferring $16,400.00 from the unappropriated budget reserve balance to Line Item No. 001-050-5177, (Litigation Expenses) to pay outstanding defense expert costs in Richard "Scott" Moss, et al. vs. City of San Bernardino, et ai, United States District Court, Central District of California, EDCV 07-01027 SGL (Opx). B. Council Office Appointment to the San Bernardino Economic Development Corporation (SBEDC). [Ward(s): All] Motion: Approve the recommended appointment to the San Bernardino Economic Development Corporation (SBEDC). Mayor and Common Council afthe City of San Bernardino Page 8 Printed ///9/20/2 Joint Regular Meeting Agenda January 23, 2012 9. COMMUNITY DEVELOPMENT COMMISSION A. Economic Development Al!encv Resolution of the Mayor and Common Council of the City of San Bernardino Taking Certain Actions Pursuant to Health & Safety Code Section 34176(B)(2) Agreeing to Have the City of San Bernardino Serve as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino for Housing PUrPoses. [Ward(s): All] Motion: Adopt Resolution. 10. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA II. ADJOURNMENT NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m, Monday, February 6, 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/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. Mayor and Common Council of the City olSan Bernardino Page 9 Printed ///9/20/2