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HomeMy WebLinkAbout10-04-2010 Jt. Regular- AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, OCTOBER 4, 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 10-13.) 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). 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 Various Tow Franchise Companies v. City of San Bernardino Hulse v. City 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 Police Management G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Cinema Star Downtown Theater 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 21 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: September 7, 2010 (Distributed 9/28/10) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 16, 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 September 30, 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. Community Development 9. Resolution of the City of San Bernardino approving an agreement for services with Keyser Marston Associates, Inc. to provide professional planning and real estate services. (See Attached) (Cost to the City - $50,000 from Professional/Contractual Services) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Parks, Recreation and Community Services 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of annual purchase orders in an amount not to exceed $73,082 in the aggregate to Sysco Foods, Merit Day and Ross Swiss for the Senior Nutrition Program for FY 2010/11 through 2012/13. (See Attached) (No Cost to the City - $73,082 from Senior Nutrition Food Grant) All Wards MOTION: That said resolution be adopted. Police 11. Resolution of the City of San Bernardino authorizing the purchase of a Dell Virtual Server Array for the San Bernardino Police Department's Laserfiche Document Imaging System from Dell Computers Inc. of Round Rock, Texas. (See Attached) (No Cost to the City - $64,632.67 from COPS Technology Grant) All Wards MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Service Agreement and issuance of an annual purchase order to Law Enforcement Medical Services for evidence collection not to exceed $83,000 for FY 2010-2011 with three optional renewal years. (See Attached) (Cost to the City - $83,000: $80,000 from General Fund in the Support Services Program; $3,000 from OTS Grant) All Wards MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an annual purchase order to All State Police Equipment for ammunition not to exceed $118,000 for FY 2010-2011 with three optional renewal years. (See Attached) (Cost to the City $118,000 from Police Department General Fund Personnel and Training Program) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 14. Item deleted. LAID OVER FROM SEPTEMBER 20, 2010 Public Works 15. Establish the Construction and Demolition Recycling Program (C&D) and approve the recommended ordinances. (No Cost to the City) (Backup materials distributed on September 20, 2010, Item No. 27.) All Wards A. An ordinance of the City of San Bernardino, California, adding Chapter 8.24.5 to Title 8 of the Municipal Code to establish the Construction and Demolition Waste Recycling Program. FINAL READING B. An ordinance of the City of San Bernardino amending the definition of “roll-off bin” contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. FINAL READING C. An ordinance of the City of San Bernardino amending Chapter 8.24 to add Section 8.24.285 Self-Haul. FINAL READING MOTION: That said ordinances A-C, be adopted. LAID OVER FROM SEPTEMBER 20, 2010 Public Works 16. Ordinance of the City of San Bernardino amending Municipal Code Section 13.28.010, Collection of delinquent water, rubbish, sewer or other municipal utility charges by adding an effective date of fifty years from the date Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health & Safety Code, Section 5470, et seq. was adopted by the City, adding Municipal Code Section 13.28.025, Notice of Delinquent Utility Accounts and Lien, and amending Sections 13.28.020, Definition and 13.28.030, Description of parcel receiving services to be filed with City Clerk. FINAL READING (Revised Ordinance Attached) (No Cost to the City - $500,000 in savings to the IWM fund) (Backup distributed on September 20, 2010, Item No. 29.) All Wards MOTION: That said ordinance be adopted. 17. 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 with three one-year extensions at the City's option to Stock All Services for the manufacture and repair of hydraulic cylinders and supplies to be utilized by the Public Works Department, Fleet Division. (See Attached) (Cost to the City - $48,000 from Outside Vehicle Maintenance Account) All Wards MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino adopting the Five-Year Capital Improvement Program (2010-2015) for Measure "I" Local Expenditures. (See Attached) (No Cost to the City) All Wards MOTION 1: That said resolution be adopted with Exhibits A and B; and MOTION 2: That said resolution be adopted with Exhibit C. 19. Resolution of the City of San Bernardino approving Consultant Services Agreements with the firms of KOA Corporation, RBF Consulting, Krueper Engineering & Associates, Inc. and Transportation Engineering and Planning, Inc. to provide on-call traffic engineering services. (See Attached) (Cost to the City - $110,000: $50,000 from FY 10/11 Professional/Contractual Services; and $60,000 from Various CIP Projects) All Wards MOTION: That said resolution be adopted. 20. Resolution of the City of San Bernardino authorizing the City Manager to execute agreements for services with the firms of Ninyo & Moore, Inc., Hilltop Geotechnical, Inc. and Twining, Inc. for geotechnical investigations and construction material testing. (See Attached) (Cost to the City - $300,000 from Various CIP Projects) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 21. Authorize the City Engineer to execute Contract Change Order No. One with Bomel Construction Co., Inc. for Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Project Plan Nos. 12591, 12328, 12336, 12337, 12327, 12348. (See Attached) (No Cost to the City) Wards 1 & 3 MOTION: That the City Engineer be authorized to execute Contract Change Order No. One with Bomel Construction Co., for the Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Project Plan Nos. 12591, 12328, 12336, 12337, 12327, 12348. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting on September 28, 2010 – Committee Members Present: Kelley, McCammack, Desjardins Parks, Recreation and Community Services 22. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the Corporation for National and Community Service for the Retired and Senior Volunteer Program (RSVP) and accepting the amount of $59,137 for the period of October 1, 2010 through September 30, 2011. (See Attached) (Cost to the City - $59,137 in Grant Revenues; $38,579 in match funds; and $3,109 in in-kind services) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Legislative Review Committee meeting on September 21, 2010 – Committee Members Present: Marquez, Shorett City Manager 23. Resolution of the Mayor and Common Council of the City of San Bernardino establishing policies and procedures for the naming of City parks, facilities and amenities. (See Attached) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. CONTINUED FROM SEPTEMBER 20, 2010 Community Development 24. Public Hearing - An ordinance establishing the Emergency Shelter Overlay District and designating applicable areas (Development Code Amendment No. 10-06) (No Cost to the City) (Backup materials distributed on September 20, 2010, Item No. 28.) Wards 1, 2, 3, 6 & 7 An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. FIRST READING The hearing remains open… MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. TO BE HEARD AT 4:00 P.M. Public Works 25. Public Hearing - sale of City property known as the Convention Center (No Cost to the City – $2,447,000 proceeds from the sale of property) (See Attached) Ward 1 Resolution of the City of San Bernardino approving the sale of City property known as the Convention Center, and appurtenant parcel to the west, generally located west of and adjacent to City Hall, east of "E" Street and south of Court Street, and the granting of an appurtenant easement to the south, to the Redevelopment Agency of the City of San Bernardino and authorizing the execution of a Sales and Purchase Agreement and the execution of a Grant Deed for the sale of said property. (Resolution not available at time of printing.) Mayor to open the hearing… MOTION: That the matter be continued to October 18, 2010, at 4:30 p.m. END OF PUBLIC HEARINGS STAFF REPORTS Community Development 26. An ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Section 8.15.130 and adding Chapter 16.18 of the San Bernardino Municipal Code regarding unauthorized signs on public property. (See Attached) (No Cost to the City) FIRST READING (Ordinance not available at time of printing.) All Wards MOTION: That the matter be referred to the Legislative Review Committee. Council Office 27. 2010 League of California Cities Annual Conference & Expo (See Attached) MOTION: That said report be received and filed. 28. Request for Monthly Report of Utility Tax Revenue Received (See Attached) All Wards MOTION: That the Mayor and Common Council direct the Director of Finance 1) to provide monthly reports every month reporting the amount of revenue received by the City from the City’s Utility Users Tax in the month preceding. The delivery of the reports to the Council Office are to be commenced on or before November 15, 2010. 2) to provide a monthly breakdown of revenue received from the City’s Utility Users Tax from July 1, 2009 to June 30, 2010, and from July 1, 2010 to present. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM SEPTEMBER 20, 2010 TO BE HEARD AT 4:30 P.M. Recommended for approval at the Special Redevelopment Committee meeting on September 28, 2009 – Committee Members Present: Johnson, Brinker R29. Joint Public Hearing – Pinewood Mountain Development, LLC – Lease Agreement for a Temporary Bus Transfer Facility (Carousel Mall) (No backup materials distributed on September 20, 2010, Item No. R35.) (Staff Report not available at time of printing.) Ward 1 (Item Continued on Next Page) R29. Continued. (Community Development Commission) 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 (1) a Master Lease Agreement by and between the Agency and Pinewood Mountain Development, LLC (“Pine Mountain”) for the former JC Penney Tire, Battery and Automotive Center Building (“TBA”), (2) a Sub-lease Agreement by and between the Agency and Omnitrans for the use of the JC Penney TBA and (3) a Consent to Interim Lease of Land and Building from/to the current Parties of the Reciprocal Easement Agreement (REA). (Resolution not available at time of printing.) (Mayor and Common Council) B. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the execution of a Master Lease Agreement for the redevelopment and reuse of the former JC Penney Tire, Battery and Automotive Center (“TBA”) by and between the City of San Bernardino Redevelopment Agency (“Agency”) and Pinewood Mountain Development, LLC (Central City Redevelopment Project Area). (Resolution not available at time of printing.) MOTION: That the matter be continued to October 18, 2010. TO BE HEARD AT 4:30 P.M. R30. Joint Public Hearing – Merged Area A – 2010 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) (Staff Report not available at time of printing.) Wards 1 & 3 (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino certifying the final Program Environmental Impact Report for the 2010 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; making findings pursuant to the California Environmental Quality Act, adopting a mitigation monitoring program; and adopting a statement of overriding considerations. (Resolution not available at time of printing.) (Item Continued on Next Page) R30. Continued. B. Resolution of the Community Development Commission of the City of San Bernardino ratifying the previously approved 2010 Merged, Amended and Restated Redevelopment Plan for the 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 and recommending adoption of same to the Mayor and Common Council 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 certifying the completion of the final Program Environmental Impact Report for the 2010 Merged, Amended and Restated Redevelopment Plan for the 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; making written findings pursuant to the California Environmental Quality Act; adopting a statement of overriding considerations; and adopting a mitigation monitoring program. (Resolution not available at time of printing.) D. Ordinance of the City of San Bernardino approving and adopting the 2010 Merged, Amended and Restated Redevelopment Plan for the 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. FIRST READING (Ordinance not available at time of printing.) MOTION: That the matter be continued to November 1, 2010. Recommended for approval at the Redevelopment Committee meeting on September 23, 2010 – Committee Members Present: Johnson, Brinker, Marquez R31. Robert Oppel – Extension of Purchase Order to provide professional construction management and related services for the Neighborhood Stabilization Program (See Attached) All Wards (Item Continued on Next Page) R31. Continued. MOTION: That the Community Development Commission of the City of San Bernardino approve and authorize an extension of the purchase order by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Robert Oppel through the month of November 2010, and authorize the expenditure of $16,000 in addition to the original $25,000 purchase order amount. END OF COMMUNITY DEVELOPMENT COMMISSION Recommended for discussion at the Personnel Committee Meeting on September 28, 2010 – Committee Members Present: McCammack, Desjardins, Shorett Council Office 32. Program Performance Auditor (U) (See Attached) All Wards MOTION: That the new position of Program Performance Auditor (U) not be hired and that the City Manager work with the new Public Works Director to implement the Matrix Report. City Attorney 33. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a first amendment to the Professional Services Agreement between Shirley Ogata and the City of San Bernardino for temporary attorney services in the City Attorney’s Office. (See Attached) MOTION: That said resolution be adopted. 34. Security for City Council meetings (Staff Report not available at time of printing.) MOTION: That the matter be discussed and possible action taken. 35. 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.) 36. 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 18, 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.