HomeMy WebLinkAbout10-03-2011 Jt. Reg Mtg C Mayor Patrick J. Morris
CITY OF SAN BERNARDINO
Council Members:
300 N. "D" Street Virginia Marquez
San Bernardino, CA 92418 Robert D. Jenkins
Tobin Brinker
Website: www.sbcity.org Fred Shorett
Chas Kelley
San Bernar ino
Rikke Van Johnson
SM Wendy McCammack
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, OCTOBER 3, 2011 — 1:30 P.M.
COUNCIL CHAMBERS
F f San Bernardino recognizes its obligation to provide equal access to those
s with disabilities. Please contact the City Clerk's Office (384-5002) two
ays prior to the meeting for any requests for reasonable accommodation to
terpreters.
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:
1 10/03/2011
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):
James J. Brown v. City of San Bernardino; San Bernardino Police
Department; Officer Campbell, in his individual capacity; Officer
Castro, in his individual capacity; Officer Cardillo, in his individual
capacity and DOES 1-50, Inclusive - San Bernardino Superior Court,
Case No. CIVDS 1007751;
Cedric May Sr.; Brenda Standifer; S.D.M. and S.J.M., minors, by and
through their guardian ad litem Sasha Braves; Maurice Jennings;
Anthony Jennings; and Jashanda Standifer v. City of San Bernardino;
Officer Joseph Aguilar; Officer Jose Vasquez; Officer Bryon Clark;
Officer Langston Canright; Officer Melissa Flint; Sergeant James Beach
and Does 1-10, inclusive - United States District Court, Case No. ED
CV 10-00978 VAP (DTBx);
Maria D. Mejia; Salvador Melgoza; Ma. Guadalupe Melgoza v. City of
San Bernardino; Does 1-10, inclusive - United States District Court, ED
CV 11-00452 VAP (DTBx);
Estate of Terry Nash, et al. v. City of San Bernardino, et al. - United
States District Court, Case No. CA-09-08671-RGK,
Christina Renteria v. City of San Bernardino - San Bernardino Superior
Court, Case No. CIVDS 1010058;
Zimmon, Garrett v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. CIDS906555; Court of Appeal, Fourth
Appellate District Case No. E050314.
2 10/03/2011
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:
Kendall Plaza LLC 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.
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
Chief of Police
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
3 10/03/2011
RECONVENE MEETING - 3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
A. Kathy Mallon - Senior Affairs Commission - Council Member Kelley
(See Attached)
MOTION: That the appointment of Kathy Mallon to the Senior
Affairs Commission, as requested by Council Member
Kelley, be approved.
3. Presentations.
A. Proclamation designating the month of October as National Planning
Month presented to John Coute, Chairman of the Planning Commission
B. Proclamation designating October 9 through 15 as Fire Prevention Week
presented to Fire Chief Michael Conrad and Public Education Officer
Manny Sedano
C. Presentation on the activities of the Office of Business Development
made by Emil Marzullo, Interim Director of the Economic Development
Agency
D. Chamber of Commerce Announcements
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
4 10/03/2011
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 October 3, 2011,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 September 29, 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 September 29, 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.
Finance
8. Resolution of the Mayor and Common Council of the City of San Bernardino
designating Hinderliter, De Llamas (HDL) as the authorized City representative
to examine transactions (Sales) and Use Tax Records, and designating the City
Manager, Assistant City Manager, the Director of Finance and the Deputy
Director of Finance as the City officers authorized to receive information
contained in, or derived from, the transactions (Sales) and Use Tax Records,
and rescinding Resolution 2010-350. (See Attached) (No Cost to the City)
All Wards
MOTION: That said resolution be adopted.
Human Resources
9. An urgency Ordinance and non-urgency ordinance authorizing an amendment to
the contract between the City of San Bernardino and the Board of
Administration of the California Public Employees' Retirement System. (See
Attached) (No Cost to the City) All Wards
A. An urgency Ordinance of the City of San Bernardino authorizing an
amendment to the contract between the City of San Bernardino and the
Board of Administration of the California Public Employees' Retirement
System; declaring the urgency thereof and taking effect immediately.
URGENCY (Ordinance not available at time of printing.)
(Item Continued on Next Page)
5 10/03/2011
I
9. Continued.
B. An Ordinance of the City of San Bernardino authorizing an amendment
to the contract between the City of San. Bernardino and the Board of
Administration of the California Public Employees' Retirement System;
declaring the urgency thereof and taking effect immediately. FIRST
READING (Ordinance not available at time of printing.)
MOTION 1: That said urgency ordinance A, be adopted.
OR
MOTION 2: That said ordinance B, be laid over for final adoption.
Mayor's Office
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with the Sinfonia Mexicana for the
promotion of Arts & Culture. (See Attached) (Cost to the City - $67,625 from
Fine Arts Funding) Ward 1
MOTION: That said resolution be adopted.
11. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute the first amendment to the FAS
Standard contract with the County of San Bernardino for the lease of a portion
of the Delmann Heights Community Center to be used for the Head Start
Program. (See Attached) (No Cost to the City - Lease Revenue of
approximately $23,400 for the 2°d year of term -September 1, 2011 through
August 31, 2012) Ward 6
MOTION: That said resolution be adopted.
Police
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement for the California Highway Patrol to
use the City of San Bernardino Police Department's firing range. (See Attached)
(No Cost to the City) Ward 2
MOTION: That said resolution be adopted.
6 10/03/2011
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement for the City of Redlands Police
Department to use the City of San Bernardino Police Department's firing range.
(See Attached) (No Cost to the City) Ward 2
MOTION: That said resolution be adopted.
Public Works
14. Resolution ratifying the submittal of Transportation Development Act (TDA)
Article 3 Application to San Bernardino Associated Governments (SANBAG).
(See Attached) (Cost to the City - $9,000 from Gas Tax (HUTA) and/or
Measure I) Wards 1 & 3
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
Community Development
To Be Heard at 4:00 p.m.
Recommended for approval at the Legislative Review Committee meeting of
September 6, 2011 — Committee Members Present: Marquez, McCammack
15. Public Hearing - An ordinance of the Mayor and Common Council of the City
of San Bernardino amending section 19.06.025 "Prohibited Uses" of the
Municipal Code (Development Code) to permit Single-price Overstock/Discount
Stores, Self-Service Laundry Facilities and Party Supply Stores meeting
minimum floor area standards in commercial land use districts, subject to a
conditional use permit. FIRST READING (See Attached) (No Cost to the
City) (Ordinance not available at time of printing.) All Wards
Mayor to open the hearing...
MOTION: That the hearing be closed; and that said ordinance be laid over
for final adoption.
END OF PUBLIC HEARINGS
7 10/03/2011
CONTINUED ITEMS
Fire Department
Continued from September 19, 2011
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the San Bernardino City Fire Department (SBCFD) to enter into a
Cooperative Agreement with the United States Department of Agriculture
(USDA), San Bernardino National Forest, relating to fire protection and rescue
services within the mutual threat zone. (See Resolution Attached) (No Cost to
the City) (Backup materials distributed on September 19, 2011, Item No.
11) All Wards
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
17. Public briefing and discussion to inform the Council as a whole and the
residents of San Bernardino regarding recent federal enforcement actions at the
San Bernardino International Airport and Inland Valley Development Agency
relative to the City's budgetary obligations between the City and San Bernardino
International Airport and the Inland Valley Development Agency. (See
Attached) (No Cost to the City) All Wards
MOTION: The Mayor and Council direct the City manager to be prepared
with alternative budget options if, and or when, current
contractual obligations and corresponding revenues between the
City and San Bernardino International Airport and the Inland
Valley Development Agency suffer due to the pending Federal
Bureau of Investigation's findings.
Mayor's Office
18. San Bernardino County Office of Homeless Services Report on the City of San
Bernardino indicators of potential homelessness (See Attached) (No Cost to the
City) All Wards
MOTION: That the report from the San Bernardino County Office Homeless
Services be received and filed.
i
I
8 10/03/2011
Council Office
19. 2011 League of California Cities Annual Conference and Expo (See Attached)
(No Cost to the City) All Wards
MOTION: That the report be received and filed.
Council Office
20. Create four new payroll line items to City Employees' Voluntary Charitable
Contribution Choices (See Attached) (No Cost to the City) All Wards
MOTION: That the action taken by the Council on September 6, 2011 to
refer the matter to the Legislative Review Committee be
rescinded; and that the matter be referred to the Ways and Means
Committee.
END OF STAFF REPORTS
Information Technology
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing a purchase order in the amount of $2,000 to IQM2, Inc. for
additional software configuration and support assistance. (See Attached) (Cost
to the City - $2,000 from IT Business Systems Program
Professional/Contractual Services) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
COMMUNITY DEVELOPMENT COMMISSION
No Community Development Commission items have been submitted for consideration.
END OF COMMUNITY DEVELOPMENT COMMISSION
22. 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.)
9 10/03/2011
23. 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, October 17, 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.
10 10/03/2011
i