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HomeMy WebLinkAbout04-04-2011 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 4, 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 10-11.) 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): J. A. Allen, et al. v. City of San Bernardino, et al. – United States District Court, Case No. CV09-1388 DDD(JCx); Monica Ballard v. City of San Bernardino, et al. – United States District Court, Case No. CV10-02769DMG(AJWx); Human Potential Consultants v. City of San Bernardino, et al. – San Bernardino Superior Court, Case No. CIVDS 917268; Edward King, et al., v. City of San Bernardino, et al. – United States District Court, Case No. CV-09-01339-SJO(PJWx); Judith Little, et al., v. City of San Bernardino, et al. – United States District Court, Case No. CV09-06068 SVW(CWx); Terrell Markham, et al. v. City of San Bernardino, et al. – United States District Court, Case No. CV09-08455 ODW (DTBx); Willie Mason Sr., individually and as successor-in-interest v. City of San Bernardino; Officer Roy Diaz, an individual; Officer Serbando Saenz, an individual; and DOES 1-10, inclusive – United States District Court, Case No. ED CV 10-00504 VAP (OPx); Cedric May, et al. v. City of San Bernardino, et al. – United States District Court, Case No. CV10-00978 VAP(DTBx); Maria D. Mejia, Salvador Melgoza and Ma. Guadalupe Medgoza v. City of San Bernardino - United States District Court, Case No. EDCV 11- 00452 VAP (DTBx); Scott Moss, et al. v. City of San Bernardino – United States District Court, Case No. ED CV 07-01027 SGL (OPx); Estate of Terry Nash v. City of San Bernardino, et al. – United States District Court, Case No. CV09-08671RGK (FFMx); People of the State of California v. Margaret Sherman, et al. – San Bernardino Superior Court, Case No. CIVDS 917881 (Hudson Theater nuisance case); San Bernardino City Professional Firefighters, Local 891, Nathan Lopez, et al. v. City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIV 10-01779; Demariae Vinson v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 818649. 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) Claim of E. Williams, a minor, et al. 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. Enedelia Zavala 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. 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 12 be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on this regular agenda of the Mayor and Common Council and Community Development Commission dated April 4, 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: January 18, 2011 (Distributed 3/30/11) February 2, 2011 (Distributed 3/30/11) 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated March 31, 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 Clerk 8. FY 2010/11 Integrated Waste Management budget amendment per Resolution No. 2011-51 (Alden Fleet Solutions, Inc.) (See Attached) (Cost to the City - $35,124.12 from Small Tools and Equipment) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2010/11 Integrated Waste Management budget and transfer $35,200 from Account No. 527-400-5181-0000-0001 to Account No. 527-400-5112-0000-0001. Community Development Laid Over from March 21, 2011 9. 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. FINAL READING (Backup materials distributed on March 21, 2011, Item No. 26.) Ward 1 MOTION: That said ordinance be adopted. Fire 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the donation of the 1965 Seagrave Tiller Truck and Ancillary Equipment to Fire Memories, Inc. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Public Works 11. 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 in the amount of $74,900 to Consolidated Electrical Distributors, Inc., for the purchase of streetlight poles. (See Attached) (Cost to the City - $74,900 from Capital Improvement Project SS05-024 Streetlight Poles & Electrical Systems Replacement) All Wards MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino approving Amendment No. 4 to Agreement for Professional Services with AECOM Technical Services, Inc. to provide engineering services for the design of Old Waterman Canyon Bridge Repair (SS07-14). (See Attached) (Cost to the City - $160,793 from Old Waterman Canyon Bridge Repair) Ward 4 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT City Manager Recommended for approval at the Ways and Means Committee meeting of March 28, 2011 – Committee Members Present: Shorett, Kelley, Johnson 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Tow Service Agreements with six tow carriers (Tri-City Towing, Danny’s Towing, City Towing, Wilson Towing, LLC, Big Z Autoworks, Inc., and Hayes Towing) participating in the program and operating within the incorporated boundaries of the City of San Bernardino. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 14. Item deleted. Community Development/City Attorney Recommended for approval at the Legislative Review Committee meeting of March 22, 2011– Committee Members Present: Marquez, Shorett, McCammack 15. An urgency ordinance and non-urgency ordinance regarding medical marijuana dispensaries (See Attached) A. An Urgency Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Chapter 5.05 prohibiting the establishment and operation of medical marijuana dispensaries, declaring the urgency thereof, and taking effect immediately. URGENCY (Item Continued on Next Page) 15. Continued. B. 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. FIRST READING MOTION: That said urgency ordinance A be adopted; and that said ordinance B be laid over for final adoption. Parks, Recreation and Community Services Recommended for approval at the Grants Ad Hoc Committee meeting of March 29, 2011 – Committee Members Present: Kelley, McCammack 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to Contract 10-318 with the County of San Bernardino Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program and to authorize the issuance and increase of annual purchase orders in an amount not to exceed $116,082 in the aggregate to Sysco Foods, Merit Day, Ross Swiss, and a new food distributor, US Foodservice; for FY 2010-11 through FY 2012-13. (See Attached) (Cost to the City - $259,462 in Grant Revenue; $68,229 City In-kind) All Wards MOTION: That said resolution be adopted. Parks, Recreation and Community Services Recommended for approval at the Grants Ad Hoc Committee meeting of March 29, 2011 – Committee Members Present: Kelley, McCammack 17. Resolution ratifying the submittal of a grant application to US Soccer Foundation for the amount of $8,000 in services credit from Clough Harbor Sports for planning and design of a synthetic turf soccer field at the San Bernardino Soccer Complex. (See Attached) (No Cost to the City - $8,000 in Grant Services Credit) Ward 7 MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS Public Works To be heard at 4:00 p.m. 18. Public Hearing – Resolution ordering amended work – Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift Station Maintenance Assessment District No. 1055 (Tentative Tract No. 17716) (See Attached) (Cost to the City - $78 increase in general benefit amount from Other Operating Expense – Parks Maintenance) Ward 5 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment increase exceed the ballots submitted in opposition to the assessment increase and that the public convenience and necessity require the maintenance of additional landscaping, storm drain catch basins and a sewer lift station in the Pine Avenue and Redwood Street Area, known as Assessment District No. 1055, previously approved, approving the final amended engineer's report, amending the assessment district to cover the costs of said additional maintenance, ordering the additional work, confirming the 2011-2012 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) Mayor to open the hearing… MOTION 1: That the hearing be closed. MOTION 2: That said resolution be adopted (4/5 vote required). END OF PUBLIC HEARINGS CONTINUED ITEMS City Attorney Continued from March 21, 2011 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Monica Ballard v. City of San Bernardino, et al., United States District Court, Case No. CV10-02769DMG(AJWx). (Backup materials distributed on March 21, 2011, Item No. 9B.) MOTION: That said resolution be adopted. City Attorney Continued from March 21, 2011 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Willie Mason, Sr., v. City of San Bernardino, United States District Court, Case No. EDCV 10-00504 VAP(OPx). (Backup materials distributed on March 21, 2011, Item No. 9C.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS Council Office 21. Council Committee Assignments (See Attached) All Wards MOTION: That the recommended Council Committee assignments be approved. Public Works 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the revision of the Windy Day Event Pilot Program in the 5th Ward operated by the Public Works Department, Integrated Waste Management Division. (See Attached) (Cost to the City - $4,800 Annual Cost to IWM) Ward 5 MOTION: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION 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 Attached) Ward 5 (Item Continued on Next Page) R23. Continued. (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). (Resolution not available at time of printing.) (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. Recommended for approval at the Redevelopment Committee meeting on February 10, 2011 – Committee Members Present: Johnson, Brinker, Marquez R24. Expansion of the City of San Bernardino portion of the San Bernardino Valley Enterprise Zone (Mount Vernon Corridor, State College, 40th Street, Uptown and IVDA Redevelopment Project Areas) (See Attached) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the submittal of a request for expansion of the geographic boundaries of the San Bernardino Valley Enterprise Zone by the City of Colton, the City of San Bernardino, the County of San Bernardino and the Inland Valley Development Agency. MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION City Attorney 25. Current Litigation Report – Set aside reserves on individual cases (Staff Report not available at time of printing.) MOTION: That the matter be discussed and possible action taken. 26. 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.) 27. 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, April 18, 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.