HomeMy WebLinkAbout07-06-2010 Jt. Regular
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, JULY 6, 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.
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;
Elvia Aguilar v. City of San Bernardino, Officer Juan Ochoa and Officer Andrew Honeycutt - United States District Court, Case No. CV 10-03659 SJO (PLAx);
Raymond Reyes v. County of San Bernardino & Burrtec Waste Industries – San Bernardino County Superior Court, Case No. CIVDS 916404.
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
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:
Mid-Management
General
Management/Confidential
Fire Safety
Fire Management
Police Management
G. Conference with real property negotiator – pursuant to Government Code Section 54956.8.
END OF CLOSED SESSION
RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
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 28 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: May 3, 2010 & May 5, 2010 (Distributed 6/21/10)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 17, 2010, from Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Chief Examiner, dated July 6, 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 City Manager to execute a Master Services Agreement by and between the Inland Valley Development
Agency and the City of San Bernardino for provision of City services for Fiscal Year 2010/2011 (See Attached) ($162,790 in revenue to the City) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department
for provision of City services for Fiscal Year 2010/2011. (See Attached) ($2.1 million in reimbursement to be made to various City funds for services provided, as outlined in the staff
report) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
10A. Resolution of the Mayor and Common Council ratifying the adoption of Resolution No. 2010-221 approving and adopting the City of San Bernardino’s Final Budget for Fiscal year 2010-2011;
and directing the establishment of 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.)
Item Continued on Next Page)
10A. Continued.
MOTION: That said resolution be adopted.
Council Office
11. California Jobs Budget (See Attached) All Wards
Resolution of the Mayor and Common Council of the City of San Bernardino in support of the California Jobs Budget. (No cost to the City) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Fire
12. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application for the Fiscal Year 2010 Metropolitan Medical Response System
(MMRS) to the San Bernardino County Fire Department Office of Emergency Services and authorize the Fire Department to administer the grant. (See Attached) ($317,419 projected in grant
revenues) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application for the Fiscal Year 2010 Homeland Security Grant Program to
the San Bernardino County Fire Department Office of Emergency Services and authorize the Fire Department to administer the grant. (See Attached) ($79,845 in grant revenue if awarded)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Human Resources
14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Lien On Me, Inc. to provide bill review services for the City's
Workers' Compensation Program. (See Attached) (Cost to the City - $95,000 from Account No. 678-110-5163-0000-0057) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted
15. Resolution of the Mayor and Common Council of the City of San Bernardino executing a Service Agreement with the Counseling Team International to perform pre-employment psychological
evaluations. (See Attached) (Cost to the City - $6500 from Account No. 678-110-5505-0000-0057) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted
Information Technology
16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of an annual purchase order for the City's 800 MHz Voice/Data Backbone, MDC maintenance,
dispatch console maintenance, and user equipment maintenance with the County of San Bernardino's 800 MHz Group. (See Attached) (Cost to the City - $62,654 from Account No. 679-250-5171-0000-0062,
$308,214 from Account No. 679-250-5172-0000-0062, $319,869 from Account No. 679-250-5502-0000-0062) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the award of a purchase order for maintenance services to Tiburon
Inc. of Pleasanton, California. (See Attached) (Cost to the City - $170,124 from Account No. 679-250-5172-0000-0062) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Public Works
18. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Hillcrest Contracting, Inc. for street improvements and beautification project on
Victoria Avenue from Highland Avenue to 28th Street - Phase II (SS05-25) per Project Plan No. 12321. (See Attached) (Cost to the City - $907,300 from Account No. 246-366-5504-7549)
Ward 4
MOTION: That said resolution be adopted.
19. Resolution of the City of San Bernardino approving Cooperative Agreement No. R10200 with the San Bernardino County Transportation Authority, the City of Loma Linda and the Inland
Valley Development Agency for the right-of-way and construction phases for the I-10 Tippecanoe Avenue Interchange. (See Attached) (Cost to the City - $4,248,000 Development Impact Fee
(DIF) and SANBAG Local Stimulus Funds) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the City Manager to execute a Lease Agreement between the City of San Bernardino
and T-Mobile West Corporation for the lease of six hundred twenty (620) square feet of City owned property at Tom Minor Park located on the northeast corner of Palm Avenue and Irvington
Avenue for a cellular tower disguised as three flagpoles and appurtenant facilities (APN 0261-691-48). (See Attached) (No Cost to the City) (Resolution not available at time of printing.)
Ward 5
MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the 2010/11 adopted budget by increasing Revenue Account Number 001-400-4523-0000-0000
by $34,300; General Government Expenditure Account Number 001-090-5502-0000-0053 by $6300; and Parks and Recreation Expenditure Account Number 001-380-5706-0000-0072 by $7,000.
21. Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of Pico Avenue between 11th Street and Base Line Street and reserving utility
easements therein. (See Attached) (No Cost to the City) Ward 6
MOTION: That said resolution be adopted.
22. Resolution of the City of San Bernardino declaring its intention to order 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. (See Attached) (No Cost to the City) Ward 6
MOTION: That said resolution be adopted.
23. Resolution of the City of San Bernardino approving Amendment No. 5 to Services Agreement with ICF/Jones & Stokes for provision of professional environmental services for the design
of the Mt. Vernon Ave. Viaduct over the BNSF Railroad. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Wards 1 & 3
MOTION: That said resolution be adopted.
24. Resolution of the City of San Bernardino amending Resolution No. 2009-356 authorizing execution of a Cooperative Agreement with the County of San Bernardino and the City of Highland
for Rehabilitation of Pacific Street, from Perris Hill Park Road to Victoria Avenue (SS08-28). (See Attached) (No Cost to the City) Wards 2 & 7
MOTION: That said resolution be adopted.
25. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution… designating certain streets, or portions thereof as through highways…" and
establishing a two-way stop at the intersection of Union Street and Ramona Avenue. (See Attached) (Cost to the City - $500 from Account No. 001-402-5111) Ward 1
MOTION: That said resolution be adopted.
26. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, “A Resolution… designating certain streets, or portions thereof as through highways…” and
establishing a four-way stop at the intersection of Marshall Boulevard and Leroy Street. (See Attached) (Cost to the City - $1000 from Account No. 001-402-5111) Ward 7
(Item Continued on Next Page)
26. Continued.
MOTION: That said resolution be adopted.
27. Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to Agreement for Services with Transportation Engineering & Planning, Inc. for on-call traffic engineering
services. (See Attached) (Cost to the City - $40,000 from various CIP Projects) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of two project applications for FY 2010 Safe Routes to School (SR2S) Program funding.
(See Attached) (Cost to the City - $67,500 in grant match, if selected; $607,500 in grant revenue) Wards 2 & 3
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
CONTINUED ITEMS
CONTINUED FROM JUNE 21, 2010
Finance
29. Resolution of the City of San Bernardino authorizing the execution of an agreement with PMR Progressive LLC to provide collection services of delinquent accounts for the City of
San Bernardino. (New staff report attached) (No Cost to the City) (Backup distributed June 7, 2010, Item No. 15; item continued to June 21, 2010, Item No. 27.) (Resolution not available
at time of printing.) All Wards
MOTION: That said resolution be adopted; and that the agreement take effect on September 2, 2010.
CONTINUED FROM JUNE 21, 2010
Human Resources
30. Resolution of the City of San Bernardino authorizing the execution of an agreement with Mercer Health and Benefits LLC to provide broker and administration services for the City’s
Healthcare Program. (Cost to the City - $275,000 from Account No. 001-092-5502) (Backup distributed June 7, 2010, Item No. 18; item continued to June 21, 2010, Item No. 28.) (Resolution
not available at time of printing.)
MOTION: That the matter be tabled.
END OF CONTINUED ITEMS
STAFF REPORTS
City Manager
31. Resolution authorizing the reduction of the Fire Department staffing levels. (See Attached) (Resolution not available at time of printing.) All Wards
MOTION: That the Human Resources Department be authorized to reduce the Fire Department’s staffing levels.
Council Office
32. Legislative Review Committee pending items. (See Attached) All Wards
MOTION: That the following pending items be referred back to the Legislative Review Committee: a) ordinance amending Chapter 9.04 of the Municipal Code relating to improper use of City
insignia; b) review of Chapter 3.04 of the Municipal Code regarding purchasing system; c) discussion of Section 2.17 of the Municipal Code regarding boards, bureaus and commissions;
and d) discuss and take possible action regarding the naming of public facilities.
CONTINUED FROM JUNE 30, 2010
33. Implementation of a possible ½-cent Local Transactions and Use tax. (Document not available at time of printing.) All Wards
MOTION: That the City Manager’s Office be authorized to proceed with the Local Transaction and Use Tax process including securing proposals from consultants for public education, voter
outreach, and the preparation of documents necessary for the placement of a ballot measure on the November, 2010 Statewide Consolidated Election.
CONTINUED FROM JUNE 30, 2010
34. Discuss and take possible action regarding a Police Operated Impound Facility.
(Document not available at time of printing.) All Wards
MOTION: That staff be directed to update the Police Operated Impound Facility Business Plan dated August 17, 2009.
35. Review and approve ballot language for Charter amendment to make City Clerk, City Treasurer, and City Attorney appointed positions, subject to review by outside legal counsel. (Document
not available at time of printing.)
All Wards
City Clerk
36. Authorization to retain outside legal counsel for preparation of documents necessary to place a charter amendment measure on the November 2010 ballot. (Document not available at
time of printing.)
MOTION: That the City Clerk be authorized to retain outside legal counsel for the preparation of documents required to place a ballot measure on the November 2, 2010 ballot pertaining
to a charter amendment to change the offices of City Attorney, City Clerk, and City Treasurer from elected offices to appointed offices.
END OF STAFF REPORTS
37. 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.)
38. 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., July 19, 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.