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HomeMy WebLinkAbout12-20-2010 Jt. Reg Mtg Minutes AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 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 10-12.) 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): Judith Little, et al. v. City of San Bernardino, et al. – United States District Court, Case No. 09-06068 SVW; Lee Wayne Jones, Sr. et al. v. City of San Bernardino, et al. – United States District Court, Case No. EDCV 08-00187 VAP (Opx); Paul Triplett v. City of San Bernardino, et al. – United States District Court, Case No. 2; CV 08-07257 JHN (AJWx); Zskyia Watson, et al. v. City of San Bernardino, et al. – United States District Court, Case No. EDCV 09-1846 VAP (DTBx). 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) Claim of AT&T Mobile v. City of San Bernardino 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 Safety 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. 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 18 be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, 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: October 18, 2010 (Distributed 12/14/10) November 1, 2010 (Distributed 12/14/10) November 15, 2010 (Distributed 12/14/10) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated December 6, 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 December 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 Clerk 9. Approve local appointments list per Maddy Act. (No Cost to the City) (See Attached) All Wards MOTION: That the Mayor and Common Council approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct the City Clerk to send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. City Manager 10. Resolution by the City of San Bernardino in support of “Business Friendly Principles” as part of SCAG’s development of a Southern California Economic Growth Strategy. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Community Development LAID OVER FROM DECEMBER 6, 2010 11. An ordinance of the City of San Bernardino adding Chapter 16.18 to the San Bernardino Municipal Code regarding Unauthorized Signs on Public Property and repealing Section 8.15.130 FINAL READING (See New Backup Attached) (No Cost to the City) (Backup distributed on December 6, 2010, Item No. 16.) All Wards MOTION: That said ordinance be adopted. Human Resources 12. Establishment of salaries for Fire Department Ranges P-5, P-6 & P-7 effective August 1, 2010 (See Attached) (Cost to the City - $30,700 from Salary and Benefits) MOTION: That the salaries for Fire Department Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be established, effective August 1, 2010; and that the Human Resources Department be authorized to amend Resolution No. 6429 to reflect the above action; and that the Finance Director be authorized to amend the FY 2010/11 budget. 13. Resolution of the Mayor and Common Council of the City of San Bernardino rescinding Resolution No. 2010-284 and approving a Memorandum of Understanding between the City and the San Bernardino City Fire Management Association regarding Budget Concessions. (See Attached) (Resolution not available at time of printing.) MOTION: That Resolution No. 2010-284 be rescinded; and that said resolution be adopted. Parks, Recreation & Community Services 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to approve an annual Services Agreement between the City of San Bernardino and Project Life Impact to provide supplemental recreation and community services at Nicholson Community Center. (See Attached) (No Cost to the City) Ward 6 MOTION: That said resolution be adopted. 15. Item deleted. Police 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the San Bernardino Police Department for participation in the San Bernardino ATF Gun/Gang Suppression Task Force. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Public Works 17. Resolution of the City of San Bernardino declaring its intention to order the vacation of a Public Utility Easement generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue, and Reserving Utility Easements therein. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 18. Item deleted. END OF CONSENT CALENDAR COMMITTEE CONSENT City Manager Recommended for approval at the Grants Ad Hoc Committee meeting on November 30, 2010 – Committee Members Present: Kelley, McCammack, Desjardins 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the reprogramming of certain Energy Efficient and Conservation Block Grant Funds Program and the creation of an Energy Efficient Retrofit Grant Program using EECBG Program funds. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Parks, Recreation & Community Services Recommended for approval at the Grants Ad Hoc Committee meeting on November 30, 2010 – Committee Members Present: Kelley, McCammack, Desjardins 20. Resolution of the City of San Bernardino ratifying the submittal of a grant application to Kaiser Permanente Regional Community Benefit Operation Splash Grants Program for funding in the amount of $20,000 to provide the Parks, Recreation and Community Services Department Aquatics Program for the 2011 Summer season. (See Attached) (No Cost to the City - $20,000 in Grant Revenues) Ward 1 MOTION: That said resolution be adopted. Parks, Recreation & Community Services Recommended for approval at the Grants Ad Hoc Committee meeting on December 14, 2010 – Committee Members Present: Kelley, Desjardins, McCammack 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of a grant application to the US Department of Housing and Urban Development: Economic Development Initiative - EDI Special Project for the amount of $500,000 for the construction of the Verdemont Community Center at Al Guhin Park. (See Attached) (No Cost to the City - $500,000 in grant revenue) Ward 5 MOTION: That said resolution be adopted. City Clerk Recommended for approval at the Legislative Review Committee meeting on December 7, 2010 – Committee Members Present: Marquez, Shorett, McCammack 22. Resolution of the Mayor and Common Council of the City of San Bernardino adopting an amended Conflict of Interest Code and rescinding Resolution No. 2009-1. (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. Community Development/Code Enforcement Recommended for approval at the Legislative Review committee meeting on December 7, 2010 – Committee Members Present: Marquez, Shorett, McCammack 23. Ordinance of the Mayor and Common Council of the City of San Bernardino, California amending Chapter 8.14 of the San Bernardino Municipal Code Regarding Yard Sales. (See Attached) FIRST READING (No Cost to the City) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. Finance Recommended for approval at the Ways & Means committee meeting on December 14, 2010 – Committee Members Present: Shorett, Kelley 24. Receive and file the FY 2009-2010 Year End Report (See Attached) (No Cost to the City) All Wards MOTION: That the FY 2009-10 Year End Report be received and filed. Finance Recommended for approval at the Ways & Means committee meeting on December 14, 2010 – Committee Members Present: Shorett, Kelley 25. Approve the FY 2009-2010 Continuing Appropriations and Encumbrance Carryovers in FY 2010-2011 (See Attached) (No Cost to the City) All Wards MOTION: That the FY 2009-10 Continuing Appropriations and Encumbrance Carryovers be approved; and that the Director of Finance be authorized to amend the FY 2010-11 budget to include the approved Continuing Appropriations and Encumbrance Carryovers. Finance Recommended for approval at the Ways & Means committee meeting on December 14, 2010 – Committee Members Present: Shorett, Kelley 26. Fiscal Year 2010-2011 First Quarter Report (See Attached) All Wards MOTION: That the FY 2010-11 First Quarter Budget Report be received and filed. END OF COMMITTEE CONSENT PUBLIC HEARINGS City Clerk TO BE HEARD AT 4:00 P.M. 27. Appeal Hearing - Appeal of the City Clerk's denial of an application submitted by Xia Yu for a permit to operate as a massage technician (See Attached) (No Cost to the City) Ward 1 Mayor to open the hearing… MOTION 1: That the hearing be closed; and that the Mayor and Common Council uphold the City Clerk’s denial of Xia Yu’s application for a permit to operate as a massage technician. OR MOTION 2: That the hearing be closed; and that the Mayor and Common Council grant the appeal of Xia Yu’s application for a permit to operate as a massage technician. END OF PUBLIC HEARINGS STAFF REPORTS City Attorney 28. Overview briefing of City Charter (See Attached) All Wards MOTION: That the briefing be received and filed. City Manager 29. Review of the e-Civis Grants Network software (See Attached) MOTION: That should the Mayor and Common Council desire to purchase the eCivis software, that option one be selected, which includes the purchase of all three components of eCivis and the funding of the grants coordinator position, and direct the City Manager to take actions necessary to implement the selected option, including authorizing the Director of Finance to amend the budget as appropriate. City Manager 30. City of San Bernardino Proposed FY 2011-12 Federal Legislative Priorities and Program Nominations (See Attached) MOTION: That the recommended Federal Legislative Priorities and Project Nominations be approved and that any additional projects be considered for inclusion as requested by the Mayor and Common Council. 31. Item deleted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. CONTINUED FROM DECEMBER 6, 2010 R32. Joint Public Hearing – Merged Area A – 2010 Merged, Amended and Restated Redevelopment Plan and Program EIR (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas). (EIR available at http://www.sbrda.org/edProjectMerger.html ) (No backup distributed on October 4, 2010, Item No. R30; item continued to November 1, 2010, Item No. R33; item continued from December 6, 2010, Item No. R23.) Wards 1 & 3 (Item Continued on Next Page) R32. Continued. (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino certifying the Final Program Environmental Impact Report for the Merged, Amended and Restated Redevelopment Plan for the San Bernardino merged Redevelopment Project Area A for the proposed merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas; making findings pursuant to the California Environmental Quality Act; adopting a Mitigation Monitoring Program; and adopting a Statement of Overriding Considerations. The hearing remains open… MOTION: That the hearing be closed; and that said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on September 9, 2010 - Committee Members Present: Johnson, Brinker, Marquez R33. Redevelopment Agency of the City of San Bernardino Policy regarding Freeway Oriented Electronic Message Signs (See Attached) All Wards (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 implement the proposed policy regarding Freeway Oriented Electronic Message Signs. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on November 18, 2010 - Committee Members Present: Johnson, Brinker, Marquez R34. Transfer of Bond Reserves Asset Management Services to Citizens Trust (See Attached) All Wards (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Redevelopment Agency of the City of San Bernardino to transfer Bond Reserves Asset Management Services to Citizens Trust. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee on November 18, 2010 - Committee Members Present: Johnson, Brinker, Marquez R35. Weka, Inc. – Approval of final Change Order No. 2, Release of Retention, Filing and Recordation of Notice of Completion for Public Works Construction Contract with Weka, Inc., for the Relocation and Construction of the Sanitary Sewer Line for the State Courthouse Project (Central City East Redevelopment Project Area) (See Attached) Ward 1 (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving the final Change Order, Release of Retention and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute, file, and cause to have recorded the Notice of Completion for the Public Works Construction Contract by and between the Agency and Weka, Inc. (Central City East Redevelopment Project Area) MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee on December 9, 2010 – Committee Members Present: Johnson, Brinker, Marquez R36. Owner Participation Agreement with University Park Promenade and Shops, LLC and the Redevelopment Agency of the City of San Bernardino (State College Redevelopment Project Area) (See Attached) Ward 5 (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 Property Owner Participation Agreement by and between the Agency and University Park Promenade and Shops, LLC (“Participant”), for the installation of public improvements in the public rights-of-way of Northpark Boulevard and University Parkway located within the State College Redevelopment Project Area. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee on December 9, 2010 – Committee Members Present: Johnson, Brinker, Marquez R37. Resolution of the Community Development Commission of the City of San Bernardino adopting an amended Conflict of Interest Code and rescinding Resolution No. CDC/2008-37. (See Attached) MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION City Attorney 38. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the first amendment to the Lease Agreement with the YMCA of the East Valley originally authorized by Resolution No. 2005-222. (See Attached) MOTION: That said resolution be adopted. City Attorney 39. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino in the case of San Bernardino City Professional Firefighters; Brian Crowell; and Byron Kuhn v. City of San Bernardino; San Bernardino City Civil Service Board; San Bernardino Fire Department; Fire Chief Michael Conrad; Does 1-10, inclusive. (See Attached) All Wards MOTION: That said resolution be adopted. 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, January 10, 2011, 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.