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HomeMy WebLinkAbout02-07-2011 Jt. Reg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, FEBRUARY 7, 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 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): Estate of Terry Nash, et al. v. City of San Bernardino - U.S. District Court, Case No. CV 09-08671 RGK (FFMx); Mary Gomez v. Southern California Regional Rail Authority, et al. - San Bernardino Superior Court, Case No. CIVSS 804560; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. – San Bernardino Superior Court, Case No. CIVSS 708637; Steve Lowes v. City of San Bernardino, et al. – United States District Court for the Central District of California, Case No. EDCV09-2215 VAP; Watson, et al. v. City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVSS 807970. 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) American Traffic Solutions 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: 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: 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. 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 this regular agenda of the Mayor and Common Council and Community Development Commission, be waived. 6. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 31, 2011, from Barbara Pachon, Director of Finance, be approved. 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated February 3, 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 8. Resolutions authorizing the execution of agreements to jointly fund Federal and State representation services by and between the City of San Bernardino, City of San Bernardino Water Department, and the Economic Development Agency; and resolutions authorizing the City Manager to execute services agreements with Innovative Federal Strategies, LLC, and Platinum Advisors (See Attached) [Cost to the City - $40,375 from the General Fund annually, plus up to 1/3 of misc. expenses ($1,333)] All Wards (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Platinum Advisors and Innovative Federal Strategies by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Platinum Advisors and Innovative Federal Strategies by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) (Mayor and Common Council) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a services agreement with Platinum Advisors for State representation services. (Resolution not available at time of printing.) (Mayor and Common Council) D. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a services agreement with Innovative Federal Strategies, LLC for federal representation services. (Resolution not available at time of printing.) MOTION: That said resolutions A-D, be adopted. Council Office 9. The terms and conditions of Police Chief Keith Kilmer’s employment contract included a provision to provide $5,000 in moving expense costs as long as he moved to, and continued to reside in, San Bernardino. (See Attached) All Wards MOTION: That the City Manager be directed to enforce the terms and conditions of Police Chief Keith Kilmer’s employment contract (attached), including but not limited to the moving expense provision. Community Development Laid over from January 24, 2011 10. An ordinance of the City of San Bernardino amending Chapter 19.06, Commercial Districts, Section 19.06.030(2)(F)(4) of the San Bernardino Municipal Code (Development Code) to modify location criteria for convenience stores. FINAL READING (See New Backup Attached) (No Cost to the City) (Backup distributed on January 24, 2011, Item No. 22.) Ward 3 MOTION: That said ordinance be adopted. Mayor’s Office 11. Resolutions of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute service agreements with San Bernardino/Riverside Catholic Charities and San Bernardino National Forest Association Urban Youth Conservation Corps, for the California Gang Reduction, Intervention, and Prevention (CAL-GRIP) Grant. (See Attached) (No Cost to the City - $366,654 in Grant Revenue) All Wards A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the San Bernardino National Forest Association and issue a purchase order in the amount of $211,000 for CALGRIP Services. B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the San Bernardino/Riverside Catholic Charities and issue a purchase order in the amount of $125,000 for CALGRIP Services. MOTION: That said resolutions A and B, be adopted. Police Department 12. 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 Attached) (Cost to the City - $152,684 from Equipment and Maintenance Account) (Resolution not available at time of printing.) All Wards MOTION: That the matter be continued to February 22, 2011. Public Works 13. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the amending of Assessment District No. 1055 located in the Pine Avenue and Redwood Street Area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to amend the work previously ordered within the district, preliminarily approving the amended engineer's report and giving notice of a public hearing. (See Attached) (Cost to the City - $78 Increase in General Benefit amount) (Resolution not available at time of printing.) Ward 5 MOTION: That the Director of Public Works and the City Clerk be authorized to proceed under SBMC 12.90, with the proposed Amendment of Assessment District No. 1055 – Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift Station Maintenance Assessment District (Tentative Tract No. 17716); and that said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with AEI-CASC Consulting for preliminary engineering services (Phase 1) of Del Rosa Drive Widening and amend the FY 2010/11-2014/15 Capital Improvement Program (CIP) and FY 2010/11 budget to add Project No. SS11-017 "Del Rosa Drive widening between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street.” (See Attached) [Cost to the City - $38,000 from Del Rosa Avenue Widening from 5th Street to 6th Street and between Upper Warm Creek and Baseline Street (SS11-017)] (Resolution not available at time of printing.) Ward 1 (Item Continued on Next Page) 14. Continued. MOTION: That the Director of Public Works be authorized to amend the FY 2010/11 -2014/15 Capital Improvement Program (CIP) to add Project No. SS11-017 “Del Rosa Drive Widening between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street;” that the Director of Finance be authorized to amend the FY 2010/11 budget to reflect the addition of Project No. SS11-017 to the CIP with a budget amount of $38,000 funded by the Street Construction Fund (Fund 242); and that said resolution be adopted. 15. Resolution of the City of San Bernardino authorizing execution of a cooperative agreement with the City of Highland for Rehabilitation of Boulder Avenue (SS11-016) and Highland Avenue (SS08-027). (See Attached) (Cost to the City - $156,632 from Highland & Boulder Rehabilitation) (Resolution be adopted at time of printing.) Ward 4 MOTION: That said resolution be adopted. 16. Resolution of the City of San Bernardino authorizing the execution of a Second Amendment to the Lease Agreement with the YMCA of the East Valley to extend the term of the lease for one additional five year term on City owned property generally located at Perris Hill Park. (See Attached) (No Cost to the City) Ward 2 MOTION: That said resolution be adopted. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of the application for Waste Tire Enforcement Grant Funds from the California Department of Resources Recycling and Recovery (CalRecycle). (See Attached) (No Cost to the City - $45,700 in Grant Revenue) All Wards MOTION: That said resolution be adopted. Water Department 18. Receive and File -Annual Audit of the Water Department's Water and Sewer Utilities for the Fiscal Year ending June 30, 2010. (See Attached) (No Cost to the City) All Wards MOTION: That the Mayor and Council receive and file the Annual Audit of the Water Department’s Water and Sewer Utilities for the Fiscal Year ending June 30, 2010. END OF CONSENT CALENDAR STAFF REPORTS City Manager 19. Approval and implementation of SB Direct, a call center for the City of San Bernardino (See Attached) (Cost to the City - $0 Net Impact to the General Fund: Reallocation of budgeted funds in General Fund, IW and Animal Control with contributions from Water, EDA and SBETA) All Wards Resolution of the City of San Bernardino authorizing a Memorandum of Understanding with the Board of Water Commissioners for financial support for a City call center. (Resolution not available at time of printing.) MOTION 1: That the SB Direct call center be approved and that the City Manager be directed to implement the program; and MOTION 2: That the following actions be referred to the Personnel Committee for review: a) Establish three new classifications (seven positions) as listed in the staff report from Charles McNeely, City Manager, dated February 3, 2011; b) Delete six positions as listed on the staff report from Charles McNeely, City Manager, dated February 3, 2011; c) Authorize the Human Resources Director to update Resolutions 97-244 and 2008-033; and MOTION 3: That the Director of Finance be authorized to amend the FY 2010/11 budget to reflect the first year costs and funding sources for SB Direct and to incorporate the program and budget into the FY 2011/12 budget proposal as outlined in the staff report from Charles McNeely, City Manager, dated February 3, 2011; and MOTION 4: That said resolution be adopted. Human Resources 20. Establish a Retirement Enhancement Program for Police Safety Employees (See Attached) (No Cost to the City – Potential Savings of $189,800) All Wards MOTION: That the Retirement Enhancement Program for eligible Police Safety employees be approved; and that the City Manager be directed to implement the program. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Continued from January 24, 2011 Recommended for approval at the Redevelopment Committee meeting on January 13, 2011 – Committee Members Present: Johnson, Brinker, Marquez To be heard at 4:30 p.m. R21. Public Hearing - Amendment to the 2010-2015 Five Year and 2010-2011 Annual Consolidated Plans and Reprogramming of $568,297 in Community Development Block Grant (CDBG) and $2,951,000 of the $4,079,269 in Un-programmed HOME Investment Partnership Act (HOME) Federal Funds (See Attached) (No backup distributed on January 24, 2011, Item No. R32.) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving the amendment to the 2010-2015 Five Year and 2010-2011 Annual Consolidated Plans and reprogramming of $568,297 in Community Development Block Grant (CDBG) and $2,951,000 of the $4,079,269 in un-programmed HOME Investment Partnership Act (HOME) Federal Funds. The hearing remains open… MOTION: That the hearing be closed; and that said resolution be adopted. Continued from January 24, 2011 Recommended for approval at the Redevelopment Committee meeting on December 9, 2010 – Committee Members Present: Johnson, Brinker, Marquez To be heard at 4:30 p.m. R22. Joint Public Hearing - Relocation and Replacement Housing Plan – 19th Street and Sunrise Lane Project (the “Project”) (See Attached) (No backup distributed on January 24, 2011, Item No. R33.) Ward 7 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the approval and adoption of the Relocation Plan and Replacement Housing Plan for displaced residents of the 19th Street and Sunrise Lane Project. (Item Continued on Next Page) R22. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and adopting the Relocation Plan and Replacement Housing Plan for displaced residents of the 19th Street and Sunrise Lane Project. The hearing remains open… MOTION: That the hearing be closed; and that said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on January 13, 2011 - Committee Members Present:  Johnson, Brinker, Marquez To be heard at 4:30 p.m. R23. Public Hearing - Neighborhood Stabilization Program 3 - Amendments to Consolidated Plan (See Attached) Wards 1, 2, 6 & 7 (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving a Substantial Amendment to the Consolidated Annual Action Plan for Fiscal Year 2010-2011; and authorizing the City Manager or his designee to execute, on behalf of the City, after review and approval by the City Attorney, such documents as requested by the United States Department of Housing and Urban Development to effectuate the Supplemental Appropriation. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on December 9, 2010 - Committee Members Present:  Johnson, Brinker, Marquez R24. Purchase of Property located in the North Arden Guthrie Redevelopment Project Study Area by the Redevelopment Agency of the City of San Bernardino from Caltrans (IVDA Redevelopment Project Area) (See Attached) Ward 7 (Item Continued on Next Page) R24. 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 Property Purchase Agreement by and between the Agency and Caltrans (IVDA Redevelopment Project Area). MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on January 13, 2011 - Committee Members Present:  Johnson, Brinker, Marquez R25. Robert Oppel - Contract Employment Agreement to provide professional construction management and related services for the Neighborhood Stabilization Program (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 execute a Contract Employment Agreement by and between the Agency and Robert Oppel to provide Neighborhood Stabilization Program and other affordable housing professional services to the Agency. MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION Human Resources Continued from February 2, 2011 26. Impasse Hearing – San Bernardino Fire Safety Employees Negotiations (No Cost to the City) (Backup distributed on February 2, 2011, Item No. 2.) 27. 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.) 28. 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., Tuesday, February 22, 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.