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HomeMy WebLinkAbout09-20-2010 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, SEPTEMBER 20, 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 13-15.) 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). 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) One Case (Deemed Approved Ordinance) 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 Various Tow Franchise Companies v. City of San Bernardino D. Closed Session – personnel – pursuant to Government Code Section 54957: Parks Maintenance Worker III 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 General Police Management G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: The Agency-owned former CinemaStar Theater 4th and “E” Streets, San Bernardino Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and authorized representatives of Regal Entertainment, United Entertainment Company, Atlas Bros./Cinema West and Brenden Theater. Under Negotiation: Lease or purchase price, terms and conditions. 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 25 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: August 16, 2010 (Distributed 9/13/10) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 31, 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 September 16, 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 Manager 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Symphony Orchestra for the promotion of Arts and Culture. (See Attached) (Cost to the City - $70,000 from Fine Arts Funding) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Community Development - Planning LAID OVER FROM SEPTEMBER 7, 2010 10. An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 19.06.030(2)(B) (Development Code) requiring a Conditional Use Permit for new alcoholic beverage sales activities and establishing automatic deemed approved status for legal nonconforming activities and repealing Ordinance No. MC-1323. FINAL READING (No Cost to the City) (Backup distributed on September 7, 2010, Item No. 27.) All Wards MOTION: That said ordinance be adopted. 11. Resolution of the City of San Bernardino authorizing the City Manager to execute services agreements with Bureau Veritas, CSG Consultants, JAS Pacific, and Willdan Engineering for the provision of professional plan review services. (See Attached) (Cost to the City - $355,600 from Expeditious Plan Review Trust & Professional/Contractual) (Resolution not available at time of printing.) All Wards MOTION: That the Purchasing Manager be authorized to issue annual purchase orders totaling $355,600 in aggregate, with provisions for three single year renewal options; and that said resolution be adopted. Fire 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to apply for and administer the 2010 Environmental Enforcement and Training Grant application to be submitted to the California Environmental Protection Agency. (See Attached) (No Cost to the City - $30,000 in Grant Revenue) All Wards MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the acceptance and administration of the FY 2009 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) grant from the Department of Homeland Security Federal Emergency Management Agency. (See Attached) [(Cost to the City - $2,769,602 in Grant Funding and $283,557 (overtime costs) from City’s Cost Share (non-Federal funds)] All Wards MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an on-line grant application for the 2010 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) to the Department of Homeland Security Federal Emergency Management Agency. (See Attached) (Cost to the City - $1,530,904 over a 2-year period from FEMA’S Grant Funding and $171,116 - City’s Share to be determined upon award) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Information Technology 15. Resolution of the Mayor and Common Council of the City of San Bernardino approving a GIS Internal Usage Agreement between the City, EDA and the Water Department regarding the management of the ESRI Enterprise License Agreement specified in Resolution No. 2010-144. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Mayor’s Office 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of Arts and Culture. (See Attached) (Cost to the City - $51,850 from Fine Arts Funding) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Police 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to accept and implement, if awarded, a Driving Under the Influence (DUI) mini grant from the State of California Office of Traffic Safety in the amount of $50,653.74. (See Attached) (No Cost to the City - $50,653.74 from OTS Mini Grant) All Wards MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application for the FY 2010 Homeland Security Grant from the State of California Department of Homeland Security in the amount of $88,736 and authorizing the Police Department to accept and administer the grant. (See Attached) (No Cost to the City - $88,736 in Grant Revenue, if awarded, from Department of Homeland Security Grant) All Wards MOTION: That said resolution be adopted. 19. Resolution of the City of San Bernardino authorizing the purchase of an Equallogic PS6500E Disk Array for the City of San Bernardino Police Department's Surveillance Camera System from Dell Computers Inc., of Round Rock, Texas. (See Attached) (No Cost to the City - $90,000 from COPS 2007 Technology Grant) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the application for, and authorizing the Police Department to accept and implement, if awarded, a Seatbelt Enforcement mini grant from the State of California Office of Traffic Safety in the amount of $34,374.24. (See Attached) (No Cost to the City - $34,374.24 from OTS Mini-Grant) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino authorizing the Police Department to purchase a replacement document imaging system from ECS Imaging Incorporated, of Riverside, California. (See Attached) (No Cost to the City - $253,586.50 from COPS 2009 Technology Grant – Computer Equipment) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council authorizing execution of Amendment No. 3 to the agreement for crossing guard services with Redlands Unified School District for crossing guard position at Victoria Elementary School (Redland Unified School District). (See Attached) (Cost to the City - $5,150 net cost: $10,300 from Other Professional Services Account and $5,150 in revenue) Ward 3 MOTION: That said resolution be adopted. 23. Item deleted. Public Works 24. Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison Company across City Water Department property located southwest of Orange Show Road and Washington Avenue. (See Attached) (No Cost to the City) Ward 3 MOTION: That said resolution be adopted. 25. 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 two one-year extensions at the City's option to Star Auto Parts for the purchase of automotive parts and supplies to be utilized by the Public Works Department, Fleet Division. (See Attached) (Cost to the City - $110,000 from FY 2010/11 Fleet Budget, Materials & Supplies) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Committee meeting on September 14, 2010 – Committee Members Present: Kelley, McCammack, Desjardins Fire 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the City of Riverside Office of Emergency Management for the purpose of accepting and administering the 2009 Urban Area Security Initiative (UASI) grant. (See Attached) (No Cost to the City - $363,000 in Grant Revenues from the 2009 Urban Area Security Initiative Grant) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS CONTINUED FROM SEPTEMBER 7, 2010 TO BE HEARD AT 4:00 P.M. Recommended for approval at the Legislative Review Committee meeting on August 3, 2010 - Committee Members Present: Shorett, Marquez Public Works 27. Public Hearing – Ordinances and resolutions establishing the Construction and Demolition Recycling Program and related fees and charges and establishing the roll-off bin definition and regulations of self-haul (See New Staff Report, Resolutions, and Ordinances Attached) (No Cost to the City) (Backup distributed on September 7, 2010, Item No. 26.) All Wards A. Resolution of the Mayor and Common Council of the City of San Bernardino, California, establishing the Construction and Demolition Recycling Program’s parameters. B. Resolution of the Mayor and Common Council of the City of San Bernardino amending Master Fee Resolution 2009-122 in order to add the Construction and Demolition ordinance (C&D) program and fees. C. An ordinance of the City of San Bernardino, California, adding Chapter 8.24.5 to Title 8 of the Municipal Code to establish the Construction and Demolition Waste Recycling Program. FIRST READING D. An ordinance of the City of San Bernardino amending the definition of “roll-off bin” contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. FIRST READING E. An ordinance of the City of San Bernardino amending Chapter 8.24 to add Section 8.24.285 Self-Haul. FIRST READING Mayor to open the hearing… MOTION: That the hearing be closed; that said resolutions A and B, be adopted; and that said ordinances C – E, be laid over for final adoption. TO BE HEARD AT 4:00 P.M. Community Development 28. Public Hearing - An ordinance establishing the Emergency Shelter Overlay District and designating applicable areas (Development Code Amendment No. 10-06) (See Attached) (No Cost to the City) Wards 1, 2, 3, 6 & 7 (Item Continued on Next Page) 28. Continued. An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. FIRST READING (Ordinance not available at time of printing.) Mayor to open the hearing… MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. TO BE HEARD AT 4:00 P.M. Public Works 29. Public Hearing - To consider actions implementing the Matrix Report recommendations related to the customer service section of the Integrated Waste Management Division, adopting or amending fees and charges, and authorizing the City of San Bernardino Municipal Water Department to bill, collect and take any necessary legal actions on delinquent refuse accounts. (See Attached) (No Cost to the City - $500,000 in savings to the IWM fund) All Wards A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding with the San Bernardino Municipal Water Department for Integrated Waste customer billing and collection services. B. Ordinance of the City of San Bernardino amending Municipal Code Section 13.28.010, Collection of delinquent water, rubbish, sewer or other municipal utility charges by adding an effective date of fifty years from the date Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health & Safety Code, Section 5470, et seq. was adopted by the City, adding Municipal Code Section 13.28.025, Notice of Delinquent Utility Accounts and Notice of Pendency and amending Sections 13.28.020, Definition and 13.28.030, Description of parcel receiving services to be filed with City Clerk. FIRST READING C. Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2008-433 in order to establish additional fees for the Integrated Waste Management Division (IWM) and authorize the San Bernardino Municipal Water Department to bill, collect and take any necessary actions on IWM delinquent accounts. (Item Continued on Next Page) 29. Continued. Mayor to open the hearing… MOTION: That the hearing be closed; that said resolutions A and C be adopted; and that said ordinance B be laid over for final adoption. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM SEPTEMBER 7, 2010 City Manager 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Bus Shelter Agreement with Omnitrans to administer a Passenger Amenities Program at current and future bus stops. (See New Staff Report Attached) (No Cost to the City) (Backup distributed on August 16, 2010, Item No. 9; item continued to September 7, 2010, Item No. 28.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. CONTINUED FROM AUGUST 23, 2010 Police 31. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the establishment of a City-owned vehicle impound facility to be operated and maintained by the City of San Bernardino Police Department and revising tow carriers franchise fees for tow service carriers. (Backup distributed on August 16, 2010, Item No. 31; item continued to August 23, 2010, Item No. 2.) (Resolution not available at time of printing.) MOTION 1: That said resolution be adopted; and MOTION 2: That one Lieutenant Position, Range P4, $11,011 be added; and MOTION 3: That the classification of Police Impound Facility Attendant, Range 1380, $2,954-$3,591 be established; and MOTION 4: That the job description for the position of Police Impound Facility Attendant be approved and the hiring of two (2) Police Impound Facility Attendants be authorized; and (Item Continued on Next Page) 31. Continued. MOTION 5: That the Human Resources Department be authorized to update Resolution Nos. 97-244 and 2008-33; and MOTION 6: That the Director of Finance be authorized to amend the FY 2010/11 budget and add the Police Department operated Impound Facility as outlined in the Staff Report from Chief Keith Kilmer, dated July 12, 2010 and Business Plan (Exhibit A) subject to the completion of a public hearing on any new or increased revenue sources and fees. END OF CONTINUED ITEMS STAFF REPORTS Community Development 32. Process Improvements – Status Report. (See Attached) All Wards MOTION: That said report be received and filed. 33. An ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Chapter 5.68 and adopting a new Chapter 8.14 of the San Bernardino Municipal Code regarding yard sales. FIRST READING (See Attached) (No Cost to the City) (Ordinance not available at time of printing.) All Wards MOTION: That the matter be referred to the Legislative Review Committee. Council Office 34. Support for Clergy Community’s right to openly express their differences with the City Council. (See Attached) All Wards MOTION: That the action of the City Attorney to sue Pastor Ray Turner of the Temple Missionary Baptist Church and others thereby denying the citizens and the community to openly express their differences with certain members of the City Council does not reflect the position of the majority of the City Council. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM SEPTEMBER 7, 2010 TO BE HEARD AT 4:30 P.M. Recommended for approval at the Special Redevelopment Committee meeting on September 28, 2009 – Committee Members Present: Johnson, Brinker R35. Joint Public Hearing – Pinewood Mountain Development, LLC – Lease Agreement for a Temporary Bus Transfer Facility (Carousel Mall) (No backup distributed on September 7, 2010, Item No. R38) (Staff Report not available at time of printing.) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the execution of a Master Lease Agreement for the redevelopment and reuse of the former JC Penney Tire, Battery and Automotive Center (“TBA”) by and between the City of San Bernardino Redevelopment Agency (“Agency”) and Pinewood Mountain Development, LLC (Central City 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 (1) a Master Lease Agreement by and between the Agency and Pinewood Mountain Development, LLC (“Pine Mountain”) for the former JC Penney Tire, Battery and Automotive Center Building (“TBA”), (2) a Sub-lease Agreement by and between the Agency and Omnitrans for the use of the JC Penney TBA and (3) a Consent to Interim Lease of Land and Building from/to the current Parties of the Reciprocal Easement Agreement (REA). (Resolution not available at time of printing.) MOTION: That the matter be continued to October 4, 2010. Recommended for approval at the Redevelopment Committee meeting on August 19, 2010 – Committee Members Present: Johnson, Brinker, Marquez R36. AmeriNational Community Services, Inc. – Professional Services Agreement – Loan Servicing for defined portions of the Agency’s Federally Funded Neighborhood Stabilization Program (“NSP”) (See Attached) All Wards (Item Continued on Next Page) R36. Continued. (Community Development Commission) 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 AmeriNational Community Services, Inc. for loan servicing of defined portions of the Neighborhood Stabilization Program (“NSP”) and other Agency housing programs. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on August 19, 2010 – Committee Members Present: Johnson, Brinker, Marquez R37. Sustainable Communities Planning Grant and Incentives Program Grant Application (Proposition 84 and SB 732) (See Attached) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving the form of and ratifying the submittal of the Application for Grant Funds for the Sustainable Communities Planning Grant and Incentives Program (Proposition 84 and SB 732). (Resolution not available at time of printing.) MOTION: That said resolution be adopted. R38. CMB Infrastructure Investment Group V, L.P. – Issuance by the Inland Valley Development Agency of an $8,000,000 CMB Infrastructure Investment Group Revenue Bond for the benefit of the Redevelopment Agency of the City of San Bernardino (See Attached) All Wards (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino authorizing that certain loan agreement and that certain cooperation agreement with Inland Valley Development Agency in connection with the issuance of the Inland Valley Development Agency Revenue Bond, Series 2010 (CMB Infrastructure Investment Group V, LP – Agency Projects) and the forms of legal documents related thereto. (Item Continued on Next Page) R38. Continued. (Mayor and Common Council) B. Resolution of the Mayor and Common Council of the City of San Bernardino approving the borrowing by the Redevelopment Agency of the City of San Bernardino in connection with the issuance of the Inland Valley Development Agency Revenue Bond, Series 2010 (CMB Infrastructure Investment Group V, LP – Agency Projects). (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION Recommended for discussion at the Personnel Committee Meeting on September 14, 2010 – Committee Members Present: McCammack, Desjardins, Shorett Council Office 39. Program Performance Auditor (U) (See Attached) All Wards MOTION: That the matter be discussed and possible action taken. 40. 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.) 41. 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, October 4, 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.