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HomeMy WebLinkAbout08-16-2010 Jt. Regular AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 16, 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 11-13.) 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): Michael Desrochers & Steve Lowes v. City of San Bernardino, Michael Billdt, Frank Mankin & Brian Boom – San Bernardino Superior Court, Case No. CIVSS 708367; Steve Lowes v. Michael Billdt & City of San Bernardino – United States District Court, Case No. EDCV 09-2215 VAP (OPx); Susan Hulse v. LAFCO & City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVDS 1002077; City of San Bernardino v. Jesse James Meza – San Bernardino Superior Court, Case No. CIVDS 1004819. 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) 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: Central City North Redevelopment Project Area 1. Property Address: CinemaStar Theater 450 North “E” Street Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and the City of San Bernardino, as owner Under Negotiation: Purchase price, terms and conditions; update of property negotiations regarding the CinemaStar Theater. Central City Redevelopment Project Area 2. Property Address: San Bernardino Convention Center 301 North “E” Street (attached to Hotel at 295 North “E” Street) APNs: 0134-251-51; 0134-311-37 and 0134-251-53 (Item Continued on Next Page) 1. Continued. Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and the City of San Bernardino, as owner. Under Negotiation: Purchase price, terms and conditions. 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 25 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: August 2, 2010 (Distributed 8/5/10) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 2, 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 August 12, 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 Bus Shelter Agreement with Omnitrans to administer a Passenger Amenities Program at current and future bus stops. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That the matter be continued to September 7, 2010. 10. Furloughs on General Unit employees (See Attached) MOTION: That the City Manager be authorized to proceed with imposing furloughs on General Unit employees. Human Resources 11. Resolution of Mayor and Common Council of the City of San Bernardino authorizing extension of side letter for Middle Management bargaining unit. (No Cost to the City - $22,600 Total Savings) (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the continuation of Friday closures of City Hall through June 30, 2012. (See Attached) (No Cost to the City) MOTION: That the City Manager be authorized to continue the Friday closures of City Hall through June 30, 2012; and that said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2006-291, Article III – Compensation: Section 1, Salaries; Article III – Compensation: Section 2, PERS/Retirement Plan, Subsection (C); Article III – Compensation: Section 10, Recruitment Incentives, Subsections (A) & (B); Article IV – Fringe Benefits: Section 1 – Health/Life Insurance – Active Employees, Subsection (A); Article IV – Fringe Benefits: Section 3 – Rain Gear/Utility Uniforms/Uniform Allowances, Subsection (C); Article V – Leaves: Section 1 – Vacations, Subsection (H); Article V – Leaves: Section 4 – Payment for Unused Sick Leave, Subsection (E); Article V – Leaves: Section 9 – Budget Concessions Leave; Article VII – General Provisions: Section 4 – Term of Memorandum of Understanding; and Adding Article VI – Working Conditions: Section 1 – Work Schedules, Subsection (F), for Full-Time, Police Safety Employees. (See Attached) (Cost to the City - $2,738,500 in FY 2010/11; $2,738,500 in FY 2011/12) All Wards MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2007-345, Section 2, C, Insurance; Section 2, I, PERS; and Resolution No. 2009-35, Section 2, B, Compensation; between the City and Management/Confidential employees. (See Attached) [No Cost to the City – Savings of $1,583,800 (FY 2010/11) and $1,733,800 (FY 2011/12)] (Resolution not available at time of printing.) MOTION: That the City Manager be authorized to continue the 36-hour reduced work week until June 30, 2012. 15. Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2007-345, Section 2, C, Insurance (Medical, Dental, Vision); Section 2, I, PERS; And Resolution No. 2009-71, Section 2, B, Compensation; Section 2, X, Post Employment Health Plan; between the City and Fire Management employees. (No Cost to the City) (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council 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 Employee Health Care Program. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Service Agreement with the San Manuel Band of Mission Indians for Indian Gaming Police services during FY's 2010/11 - 2012/13. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Public Works 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order in the amount of $75,000 with three (3) one-year extensions at the City’s option to McCray Enterprises of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for medium and heavy duty equipment and truck repair, including purchase of various related parts. (See Attached) (Cost to the City - $75,000 from Outside Vehicle Maintenance) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order in the amount of $75,000, with three (3) one-year extensions at the City’s option to Arata Equipment Co. pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of specific Labrie refuse equipment parts and supplies. (See Attached) (Cost to the City - $75,000 from Materials and Supplies) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 21. 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 from FY 2010/11 Development Impact Fee (DIF) and SANBAG Local Stimulus Funds) Ward 3 (Item Continued on Next Page) 21. Continued. MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order in the amount of $47,600 with four (4) one-year extensions at the City's option to CalPortland Company for concrete materials. (See Attached) (Cost to the City - $47,600 from FY 2010/11 Materials and Supplies) All Wards MOTION: That said resolution be adopted. 23. Resolution of the City of San Bernardino approving a Freeway Agreement with the State of California for the State Highway Route 10 and Tippecanoe Avenue Interchange Project. (See Attached) (No Cost to the City) Ward 3 MOTION: That said resolution be adopted. 24. Resolution of the City of San Bernardino authorizing the execution of a Right of Entry Agreement with RRM Properties, Ltd., for environmental surveying and/or geotechnical boring/trenching relative to the proposed extension of State Street from its existing Terminus north of Base Line Street, to connect with Rancho Avenue south of Foothill Boulevard. (See Attached) (No Cost to the City) Wards 1, 3, & 6 MOTION: That said resolution be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Finance Agreement with the Southern California Edison Company for financing of energy efficiency projects at various City buildings. (No Cost to the City) (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Committee meeting on July 13, 2010 – Committee Members Present: Kelley, Desjardins Public Works 26. 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) All Wards MOTION: That said resolution be adopted. 27. Item deleted. 28. Item deleted. END OF COMMITTEE CONSENT STAFF REPORTS City Clerk 29. Designation of voting delegate and alternate voting delegates for the League of California Cities Annual Conference to be held September 15-17, 2010 in San Diego, California. (See Attached) MOTION: That Council Member____________________ be designated as the City of San Bernardino’s voting delegate and ______________________ be designated as the alternate voting delegates for the League of California Cities Annual Conference to be held September 15-17, 2010 in San Diego, California. 30. Item deleted. Police 31. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the establishment of a City-owned vehicle impound facility to be operated and maintained by the City of San Bernardino Police Department. (See Attached) (Resolution not available at time of printing.) MOTION 1: That said resolution be adopted; and (Item Continued on Next Page) 31. Continued. MOTION 2: That one Lieutenant Position, Range P4, $11,011 be added; and MOTION 3: That the classification of Police Impound Facility Attendant, Range 1380, $2,954-$3,591 be established; and MOTION 4: That the job description for the position of Police Impound Facility Attendant be approved and the hiring of two (2) Police Impound Facility Attendants be authorized; and MOTION 5: That the Human Resources Department be authorized to update Resolutions 97-244 and 2008-33; and MOTION 6: That, subject to the completion of a public hearing on any new or increased revenue sources and fees, the Director of Finance be authorized to amend the FY 2010/11 budget and add the Police Department operated Impound Facility as outlined in the Staff Report from Chief Keith Kilmer, dated July 12, 2010 and Business Plan (Exhibit A). END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM AUGUST 2, 2010 CITY CLERK/ECONOMIC DEVELOPMENT AGENCY R32. California Housing Foundation funding (Document not available at time of printing.) (No backup material distributed on July 19, 2010, Item No. 18; item continued to August 2, 2010, Item No. R31.) MOTION: That said report be received and filed. Recommended for approval at the Redevelopment Committee meeting on July 8, 2010 – Committee Members Present: Johnson, Brinker, Marquez R33. San Bernardino Redevelopment Project Area: Merged Area A – Request to set a joint public hearing of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino to consider the Draft 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) (See Attached) Wards 1 & 3 (Item Continued on Next Page) R33. Continued. (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino adopting the Report to the Mayor and Common Council (“Report”) and transmitting the Report and the draft Merged, Amended and Restated Redevelopment Plan 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 (“Merged Area A”). B. Resolution of the Community Development Commission of the City of San Bernardino setting the joint public hearing date of October 4, 2010 at 4:30 p.m. with the Mayor and Common Council of the City of San Bernardino to consider the Merged, Amended and Restated Redevelopment Plan 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 (“Merged Area A”) and Certification of the Program Environmental Impact Report for Merged Area A. (Mayor and Common Council) C. Resolution of the Mayor and Common Council of the City of San Bernardino receiving the Report to the Mayor and Common Council and the draft Merged, Amended and Restated Redevelopment Plan 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 (“Merged Area A”). D. Resolution of the Mayor and Common Council of the City of San Bernardino setting the joint public hearing date of October 4, 2010 at 4:30 p.m. with the Community Development Commission of the City of San Bernardino to consider the Merged, Amended and Restated Redevelopment Plan 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 (“Merged Area A”) and certification of the Program Environmental Impact Report for Merged Area A. MOTION: That said resolutions A – D, be adopted. Recommended for approval at the Redevelopment Committee meeting on July 8, 2010 – Committee Members Present: Johnson, Brinker, Marquez R34. Proposed San Bernardino Redevelopment Survey Area (See Attached) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino designating the San Bernardino Redevelopment Survey Area for Project Study Purposes. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on July 22, 2010 – Committee Members Present: Johnson, Brinker, Marquez R35. Submit grant application and a Professional Services Agreement for PB Americas, Inc., for the preparation of a Brownfield Economic Development Initiative Grant Application for Theater Square Development (Central City North Redevelopment Project Area) (See Attached) Ward 1 (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 to 1) submit an application to the United States Department of Housing and Urban Development for funding under the Brownfield Economic Development Initiative (BEDI) for Theater Square Development, 2) execute a Professional Services Agreement with PB Americas, Inc. for the preparation of BEDI Grant Application, and 3) execute all related documents necessary to receive grant funding if grant application is approved (Central City North Redevelopment Project Area). MOTION: That said resolution be adopted. R36. Jack in the Box Restaurant – Interim Executive Director authorization to approve building signage reimaging (See Attached) Ward 5 MOTION: That the Community Development Commission of the City of San Bernardino approve and authorize the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to approve signage per Declaration of Restriction (Section 5). END OF COMMUNITY DEVELOPMENT COMMISSION 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 to 5 p.m., Monday, August 23, 2010, in the Economic Development Agency Boardroom to consider the Fiscal Year 2010/11 City budget. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, September 7, 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.