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HomeMy WebLinkAbout01-24-2011 Reg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 24, 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 12-14.) 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): Odom v. City of San Bernardino – San Bernardino Superior Court, Case No. CIVSS707125; Brian Boom and the San Bernardino Police Management Association v. City of San Bernardino and Keith Kilmer, in his capacity as Chief of Police for the City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVDS 1017219. 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. C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9: People vs. Carrington 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 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. Suzi Nash – Parks and Recreation Commission – Council Member Johnson (See Attached) B. Fred Shorett – San Bernardino International Airport Authority (alternate) – Mayor Morris (Document not available at time of printing.) C. Fred Shorett – Inland Valley Development Agency – Mayor Morris (Document not available at time of printing.) D. Virginia Marquez – Inland Valley Development Agency (alternate) – Mayor Morris (Document not available at time of printing.) MOTION: That the appointments A-D, as requested by Council Member Johnson 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 16 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. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 19, 2010, 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 January 20, 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. 8. Item deleted. 9. Item deleted. Information Technology 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with AT&T Corp. for long distance phone service. (No Cost to the City – Annual Savings of $39,600) (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Mayor’s Office 11. Resolutions of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute service agreements with San Bernardino/Riverside Catholic Charities, San Bernardino National Forest Association Urban Youth Conservation Corps, and the Foundation for California State University San Bernardino for the California Gang Reduction, Intervention, and Prevention (CAL-GRIP) Grant (See Attached) (No Cost to the City - $366,654 in Grant Revenue) All Wards (Item Continued on Next Page) 11. Continued. A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the San Bernardino/Riverside Catholic Charities and issue a purchase order in the amount of $110,000 for CAL-GRIP Services. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the San Bernardino National Forest Association Urban Youth Conservation Corps and issue a purchase order in the amount of $196,000 for CAL-GRIP services. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the Foundation for California State University San Bernardino and issue a purchase order in the amount of $30,000 for CAL-GRIP evaluation services. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. Parks, Recreation & Community Services/Public Works 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and issuance of a purchase order in the amount of $374,615 between the City of San Bernardino and Roadway Engineering and Contracting, Inc. for the construction of the Verdemont Community Center and landscaping at Al Guhin Park per Capital Improvement Program Project PR04-28. (See Attached) Ward 5 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 two Use of Facilities Agreements by and between California State University, San Bernardino and the City of San Bernardino and Inland Empire Pony Baseball and the City of San Bernardino; allowing for both groups' collective use of Fiscalini Field from January 1, 2011 through December 31, 2011, with the option of three one-year renewals; and repealing Resolution 2010-26. (See Attached) (No Cost to the City - $17,500 annual revenue and $18,000 annual facility improvements to Program and Facility Use Fees) Ward 2 (Item Continued on Next Page) 13. Continued. MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and issuance of a purchase order in the amount of $86,678.22 between the City of San Bernardino and Williams Scotsman, Inc. for the purchase and installation of Modular buildings at Al Guhin Park per Capital Improvement Project PR04-28; and repealing Resolution 2010-363. (See Attached) (Cost to the City – $86,678.22 from Verdemont Capital Project Fund) Ward 5 MOTION: That said resolution be adopted. Public Works 15. Resolution of the City of San Bernardino declaring its intention to order the vacation of portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way and reserving utility easements therein. (See Attached) (No Cost to the City) Ward 1 MOTION: That said resolution be adopted. 16. Authorize the Director of Public Works to execute Contract Change Order No. One with Hillcrest Contracting, Inc. for the Victoria Avenue Street Improvement and Beautification Project, Phase II, per plan No. 12321 (Project No. SS05-25). (See Attached) (Cost to the City - $111,632.63 from Widen Victoria Ave from Highland Ave to Lynwood Ave) Ward 4 MOTION: That the Director of Public Works be authorized to execute Contract Change Order No. One with Hillcrest Contracting, Inc. for the Victoria Avenue Street Improvement and Beautification Project, Phase II, per plan No. 12321 (Project No. SS05-25). END OF CONSENT CALENDAR COMMITTEE CONSENT City Manager Recommended for approval at the Ways and Means Committee meeting on January 12, 2011 – Committee Members Present: Shorett, Kelley 17. Resolution of the Mayor and Common Council authorizing the execution of an Agreement between the City of San Bernardino and the San Bernardino Black Culture Foundation for financial assistance from the 2010/2011 Civic & Promotional fund. (See Attached) Ward 1 (Item Continued on Next Page) 17. Continued. MOTION: That said resolution be adopted; and that the request from the Black Culture Foundation for direct funding in the amount of $5,000, and indirect funding in the amount of $24,032.77 to be transferred from the 2010/11 Civic and Promotion Fund to various City departmental accounts, as listed in the attached staff report from Charles McNeely, City Manager, dated January 19, 2011; and that a waiver of fees for the use of City personnel and equipment to assist in the 2011 Black History Parade scheduled for February 5, 2011, be approved. Human Resources Recommended for approval at the Personnel Committee meeting on January 18, 2011 – Committee Members Present: McCammack, Shorett, Desjardins 18. Authorize the modification of job descriptions (See Attached) (No Cost to the City) All Wards MOTION: That the Human Resources Department be authorized to update the job descriptions. Parks, Recreation and Community Services Recommended for approval at the Grants Ad Hoc Committee meeting on January 18, 2011 – Committee Members Present: Kelley, McCammack, Desjardins 19. Resolution ratifying the submittal of a grant application to General Mills Champions for Healthy Kids for the amount of $10,000 to implement the "Keep it Moving" Youth Activity Program. (See Attached) (No Cost to the City - $10,000 in Grant Funding, No City Match Funds) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS City Clerk To be heard at 4:00 p.m. Continued from December 20, 2010 20. Appeal Hearing - Appeal of the City Clerk's denial of an application submitted by Xia Yu for a permit to operate as a massage technician (No Cost to the City) (Backup distributed on December 20, 2010, Item No. 27.) Ward 1 (Item Continued on Next Page) 20. Continued. Mayor to open the hearing… MOTION 1: That the hearing be closed; and that the Mayor and Common Council uphold the City Clerk’s denial of Xia Yu’s application for a permit to operate as a massage technician. OR MOTION 2: That the hearing be closed; and that the Mayor and Common Council grant the appeal of Xia Yu’s application for a permit to operate as a massage technician. City Clerk To be heard at 4:00 p.m. 21. Public Hearing – 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. (See Attached) (No Cost to the City) All Wards Mayor to open the hearing… 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. Community Development To be heard at 4:00 p.m. 22. Public Hearing - An ordinance of the City of San Bernardino amending Chapter 19.06, Commercial Districts, Section 19.06.030(2)(F)(4) of the San Bernardino Municipal Code (Development Code) to modify location criteria for convenience stores. (See Attached) (No Cost to the City) Ward 3 Mayor to open the hearing… MOTION: That the hearing be closed; that the ordinance be laid over for final adoption; and that CUP 10-14 be approved based on the findings of fact and subject to the conditions of approval and standard requirements in the Planning Commission staff report dated November 17, 2010. Community Development To be heard at 4:00 p.m. 23. Public Hearing - An ordinance to amend Chapter 19.22 of the Development Code to provide for electronic message center signage for the Uptown Redevelopment Project area and a request for a Conditional Use Permit to construct a 1,078 sq. ft. freeway-oriented electronic message center sign, 75 ft. in height, at the southeast corner of 3rd and “I” Streets. (DCA 10-02; CUP 10-09). (See Attached) (No Cost to the City) Ward 1 An ordinance of the City of San Bernardino amending Chapter 19.22, Sign Regulations, Section 19.22.080(7)(A) of the San Bernardino Municipal Code (Development Code) to provide for approval of an electronic message center sign for the Uptown Redevelopment Project Area. (Ordinance not available at time of printing.) Mayor to open the hearing… MOTION: That the hearing be closed; and that the proposed Development Code Amendment and Conditional Use Permit be denied based on the recommendation of the Planning Commission. Human Resources 24. Selection and Approval of an Impasse Procedure by the Mayor and Common Council regarding the San Bernardino Fire Safety employees negotiations (See Attached) MOTION: That an Impasse Procedure be selected and approved. Public Works To be heard at 4:00 p.m. 25. Public Hearing - Resolution of the City of San Bernardino ordering the vacation of a Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, South of vacated Magnolia Avenue, and reserving utility easements therein. (See Attached) (No Cost to the City) Ward 6 Mayor to open the hearing… MOTION: That the public hearing be closed; that the Findings of Fact, as set forth in the staff report from Nadeem Majaj, Director of Public Works, dated January 12, 2011, as to why the Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue is no longer necessary for public utility purposes be adopted; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS City Attorney Continued from January 10, 2011 26. Presentation on the Brown Act by Senior Assistant City Attorney Diane Roth (Backup distributed on January 10, 2011, Item No. 25.) MOTION: That said presentation be received and filed. City Manager Continued from January 10, 2011 27. City of San Bernardino Strategic Communications Plan (See PowerPoint Presentation Attached) (Backup distributed on January 10, 2011, Item No. 16.) MOTION: That the City of San Bernardino Strategic Communications Plan be approved; and that the City Manager be directed to implement the plan. Public Works Continued from December 6, 2010 28. Resolution of the City of San Bernardino establishing a fair market value and sales price of $22,000 and declaring the intention of the City to sell City of San Bernardino Municipal Water Department owned property generally located northeasterly of Meyers Road and west of Martin Ranch Road to Montecito Equities, Ltd. and setting a public hearing for February 22, 2011 at 4:00 p.m., to consider said sale. (See New Backup Attached) (No Cost to the City) (Backup distributed on October 18, 2010, Item No. 19; item continued to November 15, 2010, Item No. 26; item continued to December 6, 2010, Item No. 19.) Ward 5 MOTION: That the City Engineer be authorized to proceed with the sale of City Water Department property generally located northeasterly of Myers Road and west of Martin Ranch Road, and being a portion of APN 0348-101-76; and that said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS Information Technology 29. Resolution of the City of San Bernardino authorizing a critical infrastructure upgrade for the City of San Bernardino. (See Attached) (Cost to the City - $600,000 1st Year CAD/RMS, $514,000 1st Year Financial, $400,000 1st Year Telephone from various non-general funds) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2010/11 budget as outlines in this staff report from June Yotsuya, Interim IT Director, dated January 20, 2011, to reflect all the first year costs and funding sources and the terms and repayment schedule in the MOU. Police Department 30. Resolution of the City of San Bernardino authorizing a contract with American Traffic Systems (ATS), of Phoenix, Arizona, for an upgrade of the City's Red Light Camera Enforcement System. (See Attached) (Cost to the City - $950,000 from Traffic Safety Program which is offset by revenues) All Wards MOTION: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Continued from January 10, 2011 R31. Joint Public Hearing - Pine Mountain Development, LLC - Lease Agreement for a Temporary Bus Transfer Facility (Carousel Mall) (Staff Report not available at time of printing.) (No backup distributed on January 10, 2011, Item No. R20.) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the sub-lease of portions of the JC Penney Tire, Battery and Automotive Center (“TBA”) acquired with Tax Increment Funds and thereafter authorizing the Police Chief/City Manager to execute a Sub-Lease Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino Police Department for use of a portion of the TBA for a Police Substation (Central City Redevelopment Project Area). (Resolution not available at time of printing.) (Item Continued on Next Page) R31. Continued. B. Resolution of the Mayor and Common Council of the City of San Bernardino approving and consenting to the Lease of the former JC Penney Tire, Battery and Automotive Center (“TBA”) and the funding of its conversion to a temporary bus transfer facility located on 4th Street between “F” and “G” Streets and making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the Southeast Industrial Project Area (Central City North Redevelopment Project Area). (Resolution not available at time of printing.) (Community Development Commission) 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 enter into a Master Lease Agreement by and between the Agency and Pine Mountain Development, LLC, for the former JC Penney Tire, Battery and Automotive Center (“TBA”) for its conversion into a temporary bus transfer facility located on 4th Street between “F” and “G” Streets (Central City North Redevelopment Project Area) and for sub-leases of the converted facility with the City of San Bernardino Police Department and Omnitrans. (Resolution not available at time of printing.) MOTION:  That the matter be continued to February 7, 2011. Recommended for approval at the Redevelopment Committee meeting on January 13, 2011 – Committee Members Present: Johnson, Brinker, Marquez To be heard at :4:30 p.m. R32. Public Hearing - Amendment to the 2010-2015 Five Year and 2010-2011 Annual Consolidated Plans and Reprogramming of $568,297 in Community Development Block Grant (CDBG) and $4,079,269 in Home Investment Partnership Act (HOME) Federal Funds (Staff Report not available at time of printing.) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving the amendment to the 2010-2015 Five Year and 2010-2011 Annual Consolidated Plans and reprogramming of $568,297 in Community Development Block Grant (CDBG) and $4,079 in HOME Investment Partnership Act (HOME) Federal Funds. (Resolution not available at time of printing.) (Item Continued on Next Page) R32. Continued. Mayor to open the hearing… MOTION: That the matter be continued to February 7, 2011. Recommended for approval at the Redevelopment Committee on December 9, 2010 – Committee Members Present: Johnson, Brinker, Marquez To be heard at 4:30 p.m. R33. Public Hearing - Relocation and Replacement Housing Plan – 19th Street and Sunrise Lane Project (the “Project”) (Staff Report not available at time of printing.) Ward 7 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the approval and adoption of the Relocation Plan and Replacement Housing Plan for displaced residents of the 19th Street and Sunrise Lane Project. (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and adopting the Relocation Plan and Replacement Housing Plan for displaced residents of the 19th Street and Sunrise Lane Project. (Resolution not available at time of printing.) Mayor to open the hearing… MOTION: That the matter be continued to February 7, 2011. END OF COMMUNITY DEVELOPMENT COMMISSION Council Office 34. Resolution of the Mayor and Common Council of the City of San Bernardino designating February 6, 2011 as “Ronald Reagan Day”. (See Attached) All Wards MOTION: That said resolution be adopted. Council Office 35. Discussion and Possible Action – SCE Infrastructure/Equipment in our City (See Attached) All Wards MOTION: That the City Manager be directed to arrange for presentations from Southern California Edison and the Gas Company on the status of San Bernardino’s utilities infrastructure and future plans for upgrades and ongoing maintenance of that infrastructure. 36. 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.) 37. 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, February 7, 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.