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HomeMy WebLinkAbout08-02-2010 Jt. Regular AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 2, 2010 – 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 12-14.) 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): Susan Hulse v. LAFCO & City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVDS 1002077. Burrtec Waste Industries v. City of San Bernardino 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: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) County of San Bernardino v. City of San Bernardino, et al. C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University 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 Management Fire Safety General Management/Confidential Mid-Management Police Management Police Safety G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Update of property negotiations regarding the Cinema Star Theatre. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointment – Jane Sneddon – Human Relations Commission – Council Member Shorett (See Attached) MOTION: That the appointment of Jane Sneddon to the Human Relations Commission, as requested by Council Member Shorett, be approved. 3. Presentations. 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 21 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, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, 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 7, 2010 (Distributed 7/15/10) June 23, 2010 (Distributed 7/22/10) July 19, 2010 (Distributed 7/27/10) 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 28, 2010, 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 29, 2010, 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 Attorney 9. Resolution of the Mayor and Common Council of the City of San Bernardino establishing certain fees for services provided by the City Attorney’s Office and amending Resolution No. 2009-122. (See Attached) All Wards MOTION: That said resolution be adopted. 9A. Request from City Attorney’s Office to authorize issuance of a subpoena to the custodian of records of Verizon Wireless for records related to collection of the City of San Bernardino Communication User’s Tax. MOTION: That the City Attorney’s office issue said subpoena. City Manager 10. Resolution of the Mayor and Common Council adopting operational guidelines which include a Code of Conduct for the Mayor and Common Council, agenda guidelines and Council committee guidelines. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Council Office 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the San Bernardino Symphony for financial assistance from the 2010/2011 Civic and Promotion Fund for the Music in the Schools Program. (See Attached) (Cost to the City – $2,200 from Civic and Promotion Funds) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. LAID OVER FROM JULY 19, 2010 Finance 12. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California adding Chapter 2.73 to the San Bernardino Municipal Code regarding collection of debts. FINAL READING (Backup material distributed on July 19, 2010, Item No. 11) All Wards MOTION: That said ordinance be adopted. 13. Resolution of the Mayor and Common Council approving and adopting the City of San Bernardino’s final budget documents for Fiscal Year 2010-2011; and establishing the City’s Appropriation Limit as required by Article XIII B of the California State Constitution. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Human Resources 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing extension of Side Letter/Resolution for the General Bargaining Unit. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute extension offer – year 3 of 3 – to the Food Service Agreement with the San Bernardino City Unified School District relating to delivery of Type A lunches to City sites for the District’s year-round and summer lunch program for FY 2010/11. (See Attached) (No Cost to the City) (Document and Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Standard Facility Lease Agreement with the County of San Bernardino to create and operate a Family Resource Center at Nicholson Community Center. (See Attached) (No Cost to the City – Revenue: approx. $45,833 for FY 2010/11 & $55,000 annually thereafter. Expense: $55,000 program/operating costs) (Resolution not available at time of printing.) Ward 6 (Item Continued on Next Page) 16. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2010/2011 Parks and Recreation budget as outlined in the staff report dated July 19, 2010, from Kevin Hawkins, Director of Parks, Recreation & Community Services. 17. Resolution of the Mayor and Common Council authorizing the City Manager to execute an Agreement for CID staff and program funding between the City of San Bernardino and the Friends of the CID for the personnel costs for the full-time recreational therapist position, and eleven part-time positions in support of activities at the Center for Individual Development. (See Attached) (No Cost to the City – Donation revenue of $100,000) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Parks, Recreation & Community Services and Police 18. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submission of the grant for the Fiscal Year 2010 Congressional Appropriations Act Funds for the Operation Phoenix Neighborhood Initiative and authorize the City Manager to accept the grant award. (See Attached) (No Cost to the City - $500,000 in grant revenue) (Resolution not available at time of printing.) All Wards 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 Non-Disclosure Agreements (NDA) between the City of San Bernardino Police Department and AT&T, Inc. to provide Wireless Enhanced 9-1-1 service. (See Attached) (No Cost to the City) All Wards 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 a purchase order in the amount of $1,500,000 with two (2) one-year extensions at the City’s option between the City of San Bernardino and Poma Distributing Company pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of gasoline and diesel fuel in participation with a contract between Poma Distributing Company and the County of San Bernardino. (See Attached) (Cost to the City - $1,500,000 from Motor Fuel & Lubricants) All Wards MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and issuance of a purchase order to Bryan A. Stirrat & Associates for operations, maintenance, and monitoring of the landfill gas extraction and treatment system for Waterman Landfill. (See Attached) (Cost to the City - $215,000 in FY 2010/11 from Other Prof. Services) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee meeting of July 21, 2010 – Committee Members Present: Shorett, Kelley, Johnson City Manager 22. Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and Western Regional Little League Baseball, Inc., for financial assistance from the 2010/2011 Civic and Promotion Fund. (See Attached) (Cost to the City – $5,000 direct; $33,834 fee waiver for department personnel & equipment costs – total $38,834 from Civic & Promotion Fund) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. Recommended for approval at the Ways and Means Committee meeting of July 21, 2010 – Committee Members Present: Shorett, Kelley, Johnson Community Development 23. Adopt resolutions to reduce certain Development Impact Fees and City processing fees and to expand the Development Impact Fee deferral program and repeal Resolution Nos. 2010-246, 2010-247, and 2010-248. (See Attached) (Cost to City unknown at this time) All Wards   A. Resolution of the Mayor and Common Council of the City of San Bernardino relating to the temporary reduction of certain Development Impact Fees established by Resolution No. 2006-97 and repealing Resolution No. 2010-246. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino relating to the deferral of certain Development Impact Fees established by Resolution No. 2006-97 and repealing Resolution No. 2010-247. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino relating to the temporary reduction of certain development fees for services established by Resolution No. 2009-122 and repealing Resolution No. 2010-248. (Resolution not available at time of printing.) MOTION: That said resolutions A-C be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:30 P.M. Public Works 24. Public Hearing – Resolution ordering the vacation of a portion of Pico Avenue between 11th Street and Base Line Street (See Attached) (No Cost to the City) Ward 6 Resolution of the City of San Bernardino ordering the vacation of a portion of Pico Avenue between 11th Street and Base Line Street and reserving utility easements therein. Mayor to open the hearing. . . (Item Continued on Next Page) 24. Continued. MOTION: That the hearing be closed; that the Findings of Fact, as set forth in the staff report from the City Engineer, as to why the portion of Pico Avenue between 11th Street and Base Line Street is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. 25. Public Hearing – Resolution ordering the vacation of a portion of Turrill Avenue between 14th Street and 16th Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue. (See Attached) (No Cost to the City) Ward 6 Resolution of the City of San Bernardino ordering the vacation of a portion of Turrill Avenue between 14th Street and 16th Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue and reserving utility easements therein. Mayor to open the hearing. . . MOTION: That the hearing be closed; that the Findings of Fact, as set forth in the staff report from the City Engineer, as to why the portion of Turrill Avenue between 14th Street and 16th Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue are no longer necessary for public street purposes, be adopted; and that said resolution be adopted. END OF PUBLIC HEARINGS STAFF REPORTS City Manager 26. Resolutions and Urgency Ordinance to place a ½-Cent Local Transactions and Use Tax Measure on the November 2010 ballot and to provide a public education effort. (Cost to the City – $110,000 for conducting the election; $16,250 for direct charges by the Registrar of Voters; and $86,500 for public education.) (Document not available at time of printing.) All Wards A. A Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Election to be held on Tuesday, November 2, 2010; requesting that the County Board of Supervisors allow the election to be consolidated with the Statewide General Election of that same date; and requesting services of the County Registrar of Voters for the conduct of the election and for the processing of the City’s proposed measures. (Resolution not available at time of printing.) (Item Continued on Next Page) 26. Continued. B. A Resolution of the Mayor and Common Council of the City of San Bernardino placing a General Transactions and Use Tax question on the ballot for the November 2, 2010 Special Election. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council authorizing the execution of a Consultant Services Agreement with the Lew Edwards Group to provide public information service related to the 2010 Local Transactions and Use Tax ballot measure. (Resolution not available at time of printing.) D. An Urgency Ordinance of the City of San Bernardino imposing a General Transactions and Use Tax to be administered by the State Board of Equalization pursuant to Revenue and Taxation Code Sections 7251 et seq., subject to voter approval and providing for the sunset of the tax and the creation of a Citizens’ Oversight Committee, and declaring the urgency thereof. URGENCY (Resolution not available at time of printing.) MOTION: That said Resolutions A-C and Urgency Ordinance D, be adopted. 27. Resolutions of the Mayor and Common Council to place a Charter Amendment to (1) make the City Attorney, City Clerk, and City Treasurer appointed positions; (2) allow for greater flexibility in the employment of additional legal services; and, (3) add professional qualification requirements for the positions of City Clerk and City Treasurer on the November 2010 ballot for voter approval. (Cost to the City – $110,000 for conducting the election and $16,250 for direct charges by the Registrar of Voters.) (Document not available at time of printing.) A. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, ordering the submission of a proposed amendment to the City Charter to the electors of said City at a Special Municipal Election to be held in said City on November 2, 2010. (Resolution not available at time of printing.) (Item Continued on Next Page) 27. Continued. B. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, requesting the Board of Supervisors of the County of San Bernardino to consolidate a Special Municipal Election to be held on Tuesday November 2, 2010, with the Statewide General Election pursuant to Section 10403 of the Elections Code for the submission of a proposed Charter Amendment and requesting services of the San Bernardino County Registrar of Voters for the conduct of the election and for the processing of the City’s proposed measures. (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM JUNE 19, 2010 Recommended for approval at the Redevelopment Committee meetings on June 10, 2010 and June 24, 2010 – Committee Members Present: Johnson, Marquez, Shorett R28. Single-Family Residential Revitalization Program Recommended Candidates – Single-Family Rehabilitation Loan, Single-Family Beautification Grant, Homebuyer Education Program, Mobile Home Grant and Elderly/Special Needs Minor Repair Grant. (New Staff Report Attached) (Backup material distributed on July 19, 2010, Item No. R21.) All Wards A. 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 Agreements by and between the Agency and Neighborhood Housing Services of the Inland Empire (“NHSIE”) for the administration of a) the Single-Family Beautification Grant Program, b) the Single-Family Rehabilitation Loan Program and c) the Homebuyer Education Services, subject to annual funding availability. 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 Agreements by and between the Agency and Inland Housing Development Corporation (“IHDC”) for the administration of a) the Single-Family Beautification Grant Program and b) the Single-Family Rehabilitation Loan Program, subject to annual funding availability. (Item Continued on Next Page) R28. Continued. C. 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 Agreements by and between the Agency and The Oldtimers Foundation for the administration of a) the Mobile Home Grant Program and b) the Elderly/Special Needs Minor Repair Grant Program, subject to annual funding availability. MOTION: That said resolutions A-C, be adopted. Recommended for approval at the Redevelopment Committee meeting on July 22, 2010 – Committee Members Present: Johnson, Brinker and Marquez R29. Approve the financing of projects designated by the City within the City’s Economic Recovery Zone and declare intention to issue Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds for the projects designated. (See Attached) All Wards (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the financing of the projects designated by the City of San Bernardino within the City’s Economic Recovery Zone and declaring its intention pursuant to Treasury Regulation 1.150-2 to use funds for said projects which shall be reimbursed with Bond Proceeds. (Resolution not available at time of printing.) (Joint Powers Financing Authority) B. Resolution of the San Bernardino Joint Powers Financing Authority declaring its intention to issue Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds for the projects designated by the City of San Bernardino within the City of San Bernardino Recovery Zone. (Resolution not available at time of printing.) MOTION: That the Mayor and Common Council and the Joint Powers Financing Authority adopt said resolutions A and B. Recommended for approval at the Redevelopment Committee meeting on July 22, 2010 – Committee Members Present: Johnson, Brinker and Marquez R30. Business Operations and Covenant Agreement by and between the City of San Bernardino and Kohl’s Department Stores, Inc., a Delaware corporation (IVDA Redevelopment Project Area). (Document not available at time of printing.) Ward 1 Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the execution of a Business Operations and Covenant Agreement by and between the City of San Bernardino and Kohl’s Department Stores, Inc., for the operation of an Internet Sales Office within the City of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. CONTINUED FROM JULY 19, 2010 CITY CLERK/ECONOMIC DEVELOPMENT AGENCY R31. California Housing Foundation funding. (Document not available at time of printing.) MOTION: That the matter be continued to August 16, 2010. END OF COMMUNITY DEVELOPMENT COMMISSION 32. 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.) 33. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, August 16, 2010, 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.