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HomeMy WebLinkAbout07-19-2010 Jt. Regular AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JULY 19, 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 9-10.) 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; City of San Bernardino Municipal Water Department v. U.S. Department of Defense – United States District Court, Case No. CV 96-8867 - MRRP (VAPx); Zakyia Watson, et al. v. City of San Bernardino – United States District Court, Case No. EDCV 09-1846 VAP (DTBx); Willie Mason, Sr. v. City of San Bernardino, et al. – United States District Court, Case No. EDCV 10-00504 VAP (OPx); Richard “Scott” Moss, et al., v. City, et al. – United States District Court, Case No. EDCV 07-1027 SGL(OPx); Edward King & Aja Jaeger v. City of San Bernardino, Officer Adam Affrunti, Officer Elizabeth Contreras – United States District Court, Case No. 09-01339. 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: Fire Management Fire Safety General Management/Confidential Mid-Management Police Management Police 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. A. Donna Howard – Community Television Commission – Council Member McCammack (See Attached) B. M. David Alder – Fine Arts Commission – Mayor Morris (See Attached) C. Jane Sneddon – Human Relations Commission – Mayor Morris (See Attached) MOTION: That the appointments of Donna Howard, M. David Alder and Jane Sneddon, as requested by Council Member McCammack and Mayor Morris, 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 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: June 21, 2010 (Distributed 7/13/10) June 30, 2010 (Distributed 7/13/10) July 6, 2010 (Distributed 7/13/10) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated July 7, 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 July 15, 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. 9. Item deleted. City Manager 10. Mayor and Common Council’s Acceptance of art sculptures as an unconditional gift from University Park, LLC. (See Attached) Ward 5 MOTION: That the Mayor and Common Council accept a donation of art sculptures as an unconditional gift from University Park, LLC. Finance 11. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California adding Chapter 2.73 to the San Bernardino Municipal Code regarding collection of debts. FIRST READING (See Attached) All Wards MOTION: That said ordinance be laid over for final adoption. Parks, Recreation & Community Services 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to approve services agreement between the City of San Bernardino and the Boys & Girls Club of San Bernardino, Inc. to provide community services at the Delmann Heights Community Center on a month to month service period. (See Attached) (Cost to City - $7,155/mo from Rec/Comm programs – Professional/Contractual Services) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted Police 13. Resolution of Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with San Manuel Band of Mission Indians (SMBMI) to use the City of San Bernardino Police Department's Firing Range. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to increase Police Revenue Account No. 001-000-4740 by $25,000 and increase Police Expenditures Account No. 001-224-5706 by $25,000. 14. Resolution of the City of San Bernardino authorizing the execution of an agreement with the United States Department of Justice for the San Bernardino Police Department to participate as a member of the Drug Enforcement Administration (DEA) Task Force. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee meeting of June 24, 2010 – Committee Members Present: Kelley, Shorett Community Development 15. Resolutions to reduce certain Development Impact Fees and City processing fees; Resolution to expand the fee deferral program, and an Urgency Ordinance to grant automatic extensions of development project approvals. (See Attached) (Cost to City unknown at this time) All Wards (Item Continued on Next Page) 15. Continued. A. Resolution of the Mayor and Common Council of the City of San Bernardino relating to the temporary reduction of certain Development Impact Fees established by Resolution No. 2006-97. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino relating to the deferral of certain Development Impact Fees established by Resolution No. 2006-97. (Resolution not available at time of printing.) C. An Urgency Ordinance of the City of San Bernardino amending Sections 19.36.070 and 19.44.070 of the San Bernardino Municipal Code (Development Code) to grant a one time automatic two year extension of time for previously approved conditional use permits and development permits, declaring the urgency thereof and taking effect immediately. URGENCY (Ordinance not available at time of printing.) MOTION: That said resolutions A and B and urgency ordinance C, be adopted. D. Resolution of the Mayor and Common Council of the City of San Bernardino relating to the temporary reduction of certain development fees for services established by Resolution No. 2009-122. (Resolution not available at time of printing.) MOTIONS: That the Mayor and Common Council: Committee Recommendation D.1. Adopt the resolution to reduce certain City processing fees by 50% for two years; OR Staff Recommendation D.2. Deny any reduction in City processing fees; OR Alternate Motion D.3. Adopt the resolution to reduce certain City processing fees by 50% for one year. 16. Item deleted. Recommended for approval at the Grants Ad Hoc Committee meeting of July 13, 2010 – Committee Members Present: Kelley, Desjardins Public Works 17. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the 2010/11 Used Oil Payment Program application for funds from the Department of Resources Recycling and Recovery (CalRecycle). (See Attached) (No Cost to the City - $50,000 in grant revenue if awarded) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:30 P.M. City Clerk 18. Public Hearing – Resolution imposing liens on property located within the City of San Bernardino for uncollected Business Registration fees. (See Attached) (No Cost to the City) All Wards Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibits A and B which have been paid prior to the hearing; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM JUNE 21, 2010 Community Development 19. Norton Space and Aeronautics Academy – Reimbursement Agreement for waiver/reimbursement of fees. (Backup distributed on June 2, 2008, Item No. 15; item continued to August 4, 2008, Item No. 38; new Request for Council Action distributed on December 1, 2008, Item No. 21; item continued to March 16, 2009, Item No. 25; item continued to July 6, 2009, Item No. 50; item continued to December 7, 2009, Item No. 28; item continued to February 16, 2010, Item No. 24; item continued to June 21, 2010, Item No. 23.) Ward 1 (Item Continued on Next Page) 19. Continued. MOTION: That the matter be tabled. END OF CONTINUED ITEMS STAFF REPORTS City Manager 19A. Furloughs on Police sworn personnel. (See Attached) MOTION: That the City Manager and the Director of Human Resources be authorized to proceed with imposing furloughs on Police sworn personnel (Police Officers Association bargaining unit). END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION R20. Item deleted. Recommended for approval at the Redevelopment Committee meeting on June 10, 2010 and June 24, 2010 – Committee Members Present: Johnson, Marquez, Shorett R21. Single-Family Residential Revitalization Program Recommended Candidates – Single-Family Rehabilitation Loan, Single-Family Beautification Grant, Homebuyer Education Program, Mobile Home Grant and Elderly/Special Needs Minor Repair Grant. (See Attached) All Wards A. 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 Agreements by and between the Agency and Neighborhood Housing Services of the Inland Empire (“NHSIE”) for the administration of a) the Single-Family Beautification Grant Program, b) the Single-Family Rehabilitation Loan Program and c) the Homebuyer Education Services, subject to annual funding availability. (Item Continued on Next Page) R21. Continued. 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 Agreements by and between the Agency and Inland Housing Development Corporation (“IHDC”) for the administration of a) the Single-Family Beautification Grant Program and b) the Single-Family Rehabilitation Loan Program, subject to annual funding availability. C. 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 Agreements by and between the Agency and The Oldtimers Foundation for the administration of a) the Mobile Home Grant Program and b) the Elderly/Special Needs Minor Repair Grant Program, subject to annual funding availability. MOTION: That said resolutions A-C, be adopted. Recommended for approval at the Redevelopment Committee meeting on July 8, 2010 – Committee Members Present: Johnson, Marquez, Shorett R22. 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 AECOM, to provide consultant services for the preparation of a streetscape design for Downtown San Bernardino (Merged Central City Projects, Central City North). (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 23. 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.) 24. 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, August 2, 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.