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HomeMy WebLinkAbout04-18-2011 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 18, 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 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): Daniel Davies v. City of San Bernardino – Workers’ Compensation Appeals Board, Case No. ADJ3061243; Human Potential Consultants v. City of San Bernardino, et al. – San Bernardino Superior Court, Case No. CIVDS 917268; People of the State of California v. Margaret Sherman, et al. – San Bernardino Superior Court, Case No. CIVDS 971881 (Hudson Theater nuisance case); Estate of Terry Nash v. City of San Bernardino, et al. – United States District Court, Case No. CV 09-08671RGK(FFMx). 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 City of San Bernardino v. United States Fish and Wildlife Service 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: Mt. Vernon Corridor Redevelopment Project Area 1. Property Address: 5th Street and Mt. Vernon Avenue (Gas Station) Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Seller and Lessor and Ahd Haddad, on behalf of Crossroad Petroleum, Inc., as Purchaser and Lessee. Under Negotiation: Purchase/Lease terms and conditions. Central City North Redevelopment Project Area 2. Property Address: DGS property on “E” Street (northwest of the Caltrans parking structure) Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Purchaser and authorized representatives of the State of California, Department of General Services, as Seller. Under Negotiation: Lease 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 13 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 dated April 18, 2011, 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: February 7, 2011 (Distributed 04/12/11) February 22, 2011 (Distributed 04/11/11) March 17, 2011 (Distributed 04/13/11) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated April 12, 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 April 14, 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 Attorney Laid over from April 4, 2011 9. An ordinance of the City of San Bernardino adding San Bernardino Municipal Code Chapter 5.05 prohibiting the establishment and operation of medical marijuana dispensaries. FINAL READING (Backup materials distributed on April 4, 2011, Item No. 15.) MOTION: That said ordinance be adopted. City Manager 10. A Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2005-286 regarding towing regulations. (See Attached) (No Cost to the City - $300,000 Additional Revenue from New Tow Service Agreement) (Resolution not available at time of printing.) All Wards MOTION 1: That said resolution be adopted. MOTION 2: That the Director of Finance be authorized to amend the FY 2010/11 budget to appropriate any increase in revenue generated in excess of the amount originally estimated for the Tow Franchise Program to the Police Department for police officer retention; and that the $300,000 increase in revenue be included in revenue derived from the new Tow Franchise Program in the FY 2011/12 budget proposal to fund either four police officer positions that will be eliminated if the State does not provide funding to the COPS/SLESF Grant Program, or to reinstate police positions that were eliminated as part of the 8% budget cuts if that grant program is funded. Finance 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No. 2 to the agreement for auditing services by and between the City of San Bernardino and Rogers, Anderson, Malody and Scott, L.L.P. for the provision of financial auditing services. (See Attached) (Cost to the City - $53,400 from FY 2011/12 and $53,400 from FY 2012/13 Professional Services) All Wards MOTION: That said resolution be adopted. Fire 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Zoll Medical Corporation for four Cardiac Monitor/Defibrillators with accessories. (See Attached) (Cost to the City $93,100 from Federal & State Program-2009 Fire MMRS) All Wards MOTION: That said resolution be adopted. Parks, Recreation & Community Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Use of Facilities Agreements by and between California State University, San Bernardino and the City of San Bernardino; allowing for use of Fiscalini Field from January 1, 2011 through December 31, 2011, with the option of three (3) one-year renewals; and repealing Resolution 2010-26. (See Attached) (No Cost to the City - $17,500 Annual Revenue; $6,000 Annual Facility Improvements) Ward 2 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Community Development/City Attorney Recommended for approval at the Legislative Review Committee meeting of March 22, 2011 – Committee Members Present: Marquez, Shorett, McCammack 14. An Urgency Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.06.030(2)(B) regarding alcoholic beverage sales activities, declaring the urgency thereof, and taking effect immediately. URGENCY (Staff Report and Ordinance not available at time of printing.) (Item Continued on Next Page) 14. Continued. MOTION: That said urgency ordinance be adopted; and that said ordinance also be referred to the Planning Commission for review and recommendation. Human Resources Recommended for approval at the Personnel Committee meeting of April 12, 2011 – Committee Members Present: Johnson, Brinker, Marquez 15. Community Development Department Position Reclassification (See Attached) (No Cost to the City - $3,000 annually absorbed by Department) All Wards MOTION: That the Mayor and Common Council reclassify one Development Services Admin Supervisor position, Range 4490, $5,113 - $6,215/month, to Senior Civil Engineer, Range 4550, $6,896 - $8,383/month; that the Director of Human Resources be authorized to update Resolution No. 97-244 to reflect these actions; and that the Director of Finance be authorized to amend the FY 2010/11 budget. Human Resources Recommended for approval at the Personnel Committee meeting of April 12, 2011 – Committee Members Present: Johnson, Brinker, Marquez 16. Reorganization of Print Shop in the Information Technology Department (See Attached) (No Cost to the City - $51,400 Savings) All Wards MOTION: That the Mayor and Common Council add one IT Technician II (Flex) position, Range 3430, $3,791 - $4,607/month; delete one Reprographics & Mail Supervisor position, Range 2440, $3,984 - $4,843/month; delete one Reprographics & Mail Technician position, Range 1370, $2,810 -$3,416/month; that the Director of Human Resources be authorized to update Resolution No. 97-244 to reflect these actions; and that the Director of Finance be authorized to amend the FY 2010/11 budget and incorporate the changes into the FY 2011/12 budget proposal. Human Resources Recommended for approval at the Personnel Committee meeting of April 12, 2011 – Committee Members Present: Johnson, Brinker, Marquez 17. Public Works Department, Operations and Maintenance Division, Staffing Changes (See Attached) (No Cost to the City – $49,000 absorbed by Department) All Wards (Item Continued on Next Page) 17. Continued. MOTION: That the Mayor and Common Council add two Electrician I positions, Range 1410, $3,431 - $4,170/month; establish two part-time Electrician I positions, $19.79 - $24.05/flat hourly rate; reclassify the Deputy Director/Maintenance Services (U) position, Range 4570, $7,620 - $9,262/month to Operations and Maintenance Division Manager (U), Range 4540, $6,561 - $7,975/month; that the job descriptions be approved as proposed; that the Director of Human Resources be authorized to update Resolution Nos. 97-244 and 2008-20 to reflect these actions; and that the Director of Finance be authorized to amend the FY 2010/11 budget and transfer $28,400 from Account No. 001-400-5502-0000-0092 to Account No. 001-400-5011-0000-0092 and transfer $20,600 from Account No. 001-400-5502-0000-0092 to Account No. 001-400-5014-0000-0092. Mayor’s Office Recommended for approval at the Grants Ad Hoc Committee meeting of March 29, 2011 – Committee Members Present: Kelley, McCammack 18. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the Indian Gaming Local Community Benefit Grant in the amount of $1,328,204.00 for FY 11/12 and authorizing the expenditure of said grant for the Designated Law Enforcement purposes as outlined in the grant budget. (See Attached) (No Cost to the City - $1,328,204 from Indian Gaming Local Community Benefit Committee Grant) Ward 4 MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT STAFF REPORTS Community Development 19. An ordinance of the City of San Bernardino amending the San Bernardino Municipal Code by adding Chapter 15.27 entitled Crime-Free Rental Housing Program. (See Attached) (No Additional Cost to the General Fund - $104,146 from Annual Inspection Fee) (Ordinance not available at time of printing.) All Wards (Item Continued on Next Page) 19. Continued. MOTION 1: That the ordinance be referred to the Legislative Review Committee; and MOTION 2: That a resolution establishing the annual fee as recommended be brought forward for concurrent adoption; and MOTION 3: That the staffing recommendations be referred to the Personnel Committee. Community Development 20. Municipal Code Amendment to permit food carts and vegetable stands. (See Attached) (No Cost to the City) All Wards MOTION: That the matter be referred to the Legislative Review Committee for review. Council Office 21. Agenda for Mayor and Common Council Workshop on April 26, 2011 (See Attached) MOTION: That the procedures and operating guidelines be discussed in the April 26, 2011 Mayor and Common Council Workshop agenda. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on March 10, 2011 – Committee Members Present: Johnson, Brinker, Marquez To be heard at 4:30 p.m. R22. Public Hearing – Relocation Plan – Lugo Senior Apartments, LLC (the “Project”) (Inland Valley Development Area) (Staff Report not available at time of printing.) Ward 1 (Item Continued on Next Page) R22. Continued. (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Relocation Housing Plan for displaced residents of the Lugo Senior Apartments, LLC. (Resolution not available at time of printing.) Mayor to open the hearing… MOTION: That the matter be continued to May 2, 2011. Continued from April 4, 2011 Follow-up to Owner Participation Agreement approved by the Community Development Commission on December 20, 2010 R23. University Park Promenade and Shops, LLC – Benefit resolutions for certain public improvements adjacent to North Park Boulevard and University Parkway pursuant to the Owner Participation Agreement (See New Backup Attached) (Backup documents distributed on April 4, 2011, Item No. R23.) Ward 5 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to certain payments by the Redevelopment Agency of the City of San Bernardino and making certain findings and determinations pursuant to Health and Safety Code Section 33445 as to the benefit to the State College Redevelopment Project Area for the installation of public improvements adjacent to the public rights-of-way of Northpark Boulevard and University Parkway (State College Redevelopment Project Area). (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino making certain findings and determinations pursuant to Health and Safety Code Section 33445 as to the benefit to the State College Redevelopment Project Area for the installation of public improvements adjacent to the public rights-of-way of Northpark Boulevard and University Parkway (State College Redevelopment Project Area). MOTION: That said resolutions A and B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION City Attorney 24. City Attorney report on Political Reform Act investigations and prosecutions; policies and procedures followed by the Office on conducting investigations and prosecutions. (Staff Report not available at time of printing.) MOTION: That the City Attorney report be received and filed. 25. 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.) 26. Adjournment. MOTION: That the meeting be adjourned to 5 p.m., Tuesday, April 26, 2011, in the Economic Development Agency Boardroom to consider Boards and Commissions. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, May 2, 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.