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HomeMy WebLinkAbout02-22-2011 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TUESDAY, FEBRUARY 22, 2011 – 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 11-12.) 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): Jaime Alvarez, et al. v. City of San Bernardino, et al. – United States Court of Appeals, Case No. 09-55001; Elvia Aguilar v. City of San Bernardino, et al. – United States District Court, Case No. CV10-03659; Barnes, Yvonne v. City, et al. – San Bernardino Superior Court, Case No. CIVSS 807102; Desrochers, Michael, Lowes, Steve v. City, et al. – San Bernardino Superior Court, Case No. CV 09-04306; Alicia R. Garcia and Joseph D. Rodriguez v. City of San Bernardino and Doe Officers – United States District Court, Case No. CV 09-04306; Lowes, Steve v. Michael Billdt, et al. – United States District Court, Case No. EDCV09-2215 VAP(OPx); People of the State of California, by and through James F. Penman, City Attorney of the City of San Bernardino vs. Margaret Sherman, Michael Sherman, and Rajae Zarour, doing business as The Hudson Theater; CCI Club SB LLC; Does 1 through 20,inclusive – San Bernardino Superior Court, Case No. CIVDS 917881; Placo San Bernardino, LLC v. City, et al. – United States District Court, Case No. CV11-01187GW (FMOx). 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: San Bernardino City Professional Firefighters Inland Communities Corp. v. City of San Bernardino (Paradise Hills) C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9: People v. Carrington Mortgage 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. G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Salvation Army 1. Property Address: 5th Street & Spruce Street – APN: 0134- 054-07, 08, & 09; APN: 0134-054-29; APN: 0134-054-20, 21, 22, 23, 25, and 26 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Captain Stephen Ball on behalf of the Salvation Army, as Owner/Seller. Under Negotiation: Purchase price, terms and conditions. “E” Street Urban Block 2. Property Address: APN: 0134-071-56; APN: 0134-081-06, 07, 18, 20, 21, and 24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Gregory D. Villanueva, et al, as Owner/Seller. Under Negotiation: Purchase price, terms and conditions. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Lukas Routhjieaux – Community Development Citizens Advisory Committee – Council Member Kelley (See Attached) MOTION: That the appointment of Lukas Routhjieaux to the Community Development Citizens Advisory Committee, as requested by Council Member Kelly, be approved. 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 14 be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on this 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: December 6, 2010 (Distributed 2/16/11) December 20, 2010 (Distributed 2/16/11) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 15, 2011, 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 February 17, 2011, 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 reauthorizing an amendment to the 2009 Professional Services Agreement with William Holt for Hearing Officer and/or Administrative Law Officer services. (See Attached) (Cost to the City – Estimated cost of $60,000 from Non-departmental professional/contractual services) All Wards MOTION: That said resolution be adopted. Community Development 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement, Santa Ana region. (See Attached) (Cost to the City - $302,844.38 General Fund, substantially reimbursed for FY 2011/12 through fees) All Wards MOTION: That said resolution be adopted. Information Technology 11. Resolution of the City of San Bernardino authorizing 800 MHz Radio Services to be provided to Patton State Hospital for fiscal year 2010/2011. (See Attached) (No Cost to the City – Projected Income from fees $9,805 – IT Fund) All Wards MOTION: That said resolution be adopted. Mayor’s Office 12. A Resolution of the Mayor and Common Council of the City of San Bernardino, California supporting a high speed rail alignment along the I-215 Corridor with stations near March Air Reserve Base and the Downtown San Bernardino Transit Center. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Public Works 13. Resolution of the City of San Bernardino amending Resolution No. 2010-365 authorizing execution of Jurisdiction Master Agreement No. C10254 with San Bernardino County Transportation Authority and the City of San Bernardino for partial funding of eligible projects from Measure I 2010-2040 revenues identified in Measure I 2010-2040 Strategic Plan's Valley Major Street Program-Arterial Sub-Program. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to C.P. Construction Co., Inc. for sewer improvements in Rialto Avenue from Lena Road to Tippecanoe Avenue (SW08-05), per Project Plan No. 12283A. (See Attached) (Cost to the City - $409,000 from Sewer Construction Fund) Ward 1 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Human Resources Discussed at the Personnel Committee meeting of February 15, 2011 – Committee Members Present: McCammack, Shorett, Kelley 15. Approval of the SB Direct Call Center staffing actions (See Attached) (No Cost to the City) MOTION 1: That the following positions be established: a) one Community Relations Supervisor/Assistant of the City Manager (U), Range 4520, $5,928-$7,218/month; b) two Senior SB Direct Call Taker/Assistant of the City Manager (U), Range 3410, $3431-$4170/month; and c) four SB Direct Call Taker/Assistant of the City Manager (U), Range 3380, $2,954-$3,591/month; and MOTION 2: That the following positions be deleted: a) one Integrated Waste Customer Service Supervisor (Public Works), Range 2460, $4,402-$5,351/month; b) one Lead Integrated Waste Customer Service Representative (Public Works), Range 1400, $3,264-$3,967/month; c) one Senior Administrative Assistant (Public Works), Range 1380, $2,954-$3,591/month; d) one Administrative Analyst II (Community Development), Range 4480, $4864-$5,912/month; e) one Administrative Assistant (Community Development), Range 1380, $2,954-$3,591/month; and f) One Senior Customer Service Representative/Dispatch (Animal Control), Range 1370, $2,810-$3,416/month; and MOTION 3: That said job descriptions be approved; and MOTION 4: That the Human Resources Director be authorized to update Resolution Nos. 97-244 and 2008-033 to reflect these actions. END OF COMMITTEE CONSENT PUBLIC HEARINGS Public Works To be heard at 4:00 p.m. 16. Public Hearing – Resolution authorizing the execution of a Purchase and Sale Agreement and Grant Deed for a portion of City Water Department property generally located northeasterly of Meyers Road and west of Martin Ranch Road (See Attached) (No Cost to the City) Ward 5 (Item Continued on Next Page) 16. Continued. Resolution of the City of San Bernardino directing and authorizing the execution of a Purchase and Sale Agreement and the execution of a grant deed for the sale of City of San Bernardino Municipal Water Department owned parcel of real property generally located northeasterly of Meyers Road and west of Martin Ranch Road in the City of San Bernardino to Montecito Equities, LTD. Mayor to open the hearing… MOTION: That the hearing be closed; and that said resolution be adopted. Public Works To be heard at 4:00 p.m. 17. Public Hearing – Resolution ordering the vacation of portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way (See Attached) (No Cost to the City) Ward 1 Resolution of the City of San Bernardino ordering the vacation of portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way 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 Public Works Director, dated January 25, 2011, as to why the portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way are no longer necessary for public utility purposes be adopted; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS Police Continued from February 7, 2011 18. Resolution of the City of San Bernardino authorizing the purchase of a Managed Power Solution for the City of San Bernardino Police Department’s Headquarters facility from Odyssey Power Corp., of Anaheim, California. (See New Backup Attached) (Cost to the City - $152,684 from Equipment and Maintenance Account) (Backup distributed on February 7, 2011, Item No. 12.) All Wards (Item Continued on Next Page) 18. Continued. MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Attorney 19. Annual Litigation Report (2010) and request for additional funding for outside counsel and litigation expenses. (See Attached) (Cost to the City - $450,000 from General Fund) All Wards MOTION: That the Annual Litigation Report (2010) be received and filed; that additional funding of $300,000 for Outside Attorney Services and an additional $150,000 for Litigation Expenses be authorized; and that the Director of Finance be authorized to amend the fiscal year 2010/11 City General Fund Budget to reflect an increase of $300,000 to Account No. 001-050-5503-0000-0006 and an increase of $150,000 to Account No. 001-050-5177-0000-0006. City Clerk 20. Discussion and possible action concerning calling a Special Election to fill the vacancy of the 2nd Ward Council seat (See Attached) Ward 2 MOTION: That the City Clerk and City Attorney’s Office proceed with preparing the required Resolution(s) to call for a special election to be held in the 2ndh Ward on Tuesday, _____________, 2011 and that the appropriate Resolution(s) be placed on the March 7, 2011 agenda of the Mayor and Common Council. City Manager 21. Resolution of the Mayor and Common Council of the City of San Bernardino establishing tow carrier franchise fees as required by Resolution 2005-286 and the City’s existing Tow Services Agreements. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Human Resources 22. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the terms and conditions of employment for the Fire Safety Employees. (See Attached) (No Cost to the City - $1,700,000 in savings) MOTION: That said resolution be adopted. 23. Item deleted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on January 27, 2011 - Committee Members Present:  Johnson, Brinker, Marquez R24. Procedures for the formation and election of the Project Area Committee for the Merged, Amended, and Restated Redevelopment Plan for the proposed San Bernardino Merged Redevelopment Project Area B (State College, Central City West, Northwest, Uptown, Mount Vernon Corridor, 40th Street) and Added Areas (See Attached) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving and adopting the procedures for the formation and election of the Project Area Committee for the Merged, Amended, and Restated Redevelopment Plan for the proposed San Bernardino Merged Redevelopment Project Area B (State College, Central City West, Northwest, Uptown, Mount Vernon Corridor, 40th Street) and added areas. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on February 10, 2011 - Committee Members Present:  Johnson, Brinker, Marquez R25. Resolutions of the Mayor and Common Council in opposition to the Governor of California’s proposal to abolish redevelopment agencies and enterprise zones in California. (See Attached) All Wards (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino in opposition to the Governor of California’s proposal to abolish redevelopment agencies in California. B. Resolution of the Mayor and Common Council of the City of San Bernardino in opposition to the Governor of California’s proposal to abolish enterprise zones in California. MOTION:  That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on February 10, 2011 - Committee Members Present:  Johnson, Brinker, Marquez R26. Amendment No. 1 to the Professional Services Agreement with MAPCO Corporation for design and engineering services for Handicapped Access Street Improvement and Infrastructure Projects (See Attached) Wards 1, 2, 3, 4, & 6 (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 Amendment No. 1 to the Professional Services Agreement by and between the Agency and MAPCO Corporation for professional consulting and engineering services for Handicapped Access Street Improvement and Infrastructure Projects (40th Street, South Valle, Central City East, Central City North, Central City South, IVDA and Northwest Redevelopment Project Areas). MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION City Attorney 27. Discussion and possible action concerning agenda briefing meetings (Staff Report not available at time of printing.) MOTION: That regular agenda briefing meetings be open to the public and that notices of said meetings be posted in accordance with the Brown Act. 28. 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.) 29. 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, March 7, 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.