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HomeMy WebLinkAbout08-01-2011 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 1, 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): Ballard, et al. v. City of San Bernardino, et al. – United States District Court, Case No. CV10-02769 DMG (AJWx). 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: American Traffic Solutions v. City 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 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: _________________________________________ Swearing-In Ceremony – 3:00 p.m. Swearing-in ceremony for newly-elected Council Member Robert D. Jenkins will begin at 3:00 p.m. in the Council Chambers, followed by a brief reception in the lobby of City Hall. 2. Appointments. A. Amelia S. Lopez – Planning Commission – Council Member Jenkins (See Attached) MOTION: That the appointment of Amelia S. Lopez to the Planning Commission, as requested by Council Member Jenkins, be approved. 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 17 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 August 1, 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: May 16, 2011 (Distributed 7/25/11) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated July 18, 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 July 28, 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 July 18, 2011 9. Ordinance of the Mayor and Common Council of the City of San Bernardino adding Chapter 8.83 to the San Bernardino Municipal Code regarding accountability for Social Hosts of Minors. FINAL READING (No Cost to the City) (Backup materials distributed on July 18, 2011, Item No. 24.) All Wards MOTION: That said ordinance be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino to increase the City Attorney’s office budget by $6,000.00 to pay for outside counsel in Donald Sipple, et al., v. City of Alameda, et al., Los Angeles County Superior Court, Case No. BC 462270 and amending the City’s FY 2011/2012 budget to reflect the increase. (See Attached) (Cost to the City - $6,000 from ACP reserves or liability reserves or some other source as determined by the Mayor and Common Council) MOTION: That said resolution be adopted. 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Retainer Agreement between Phillips & Cohen LLP, Day Pitney LLP and the City of San Bernardino for legal services in the case of United States and State of California et al. Ex rel. Hendrix v. J-M Manufacturing Co., et al., Case No.: ED CV06-0055-GW. (See Attached) All Wards MOTION: That said resolution be adopted. City Clerk 12. Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election held on the 12th Day of July 2011, declaring the results thereof and setting forth such other matters as are provided by law. (See Attached) (No Cost to the City) Ward 2 MOTION: That said resolution be adopted. Community Development Laid over from July 18, 2011 13. An ordinance of the City of San Bernardino amending Chapter 19.14 (Freeway Corridor Overlay District), Sections 19.14.030 of the San Bernardino Municipal Code (Development Code) related to Landscape and Building Setback Development Standards. FINAL READING (No Cost to the City) (Backup materials distributed on July 18, Item No. 34.) All Wards MOTION: That said ordinance be adopted. Community Development Laid over from July 18, 2011 14. An ordinance of the Mayor and Common Council of the City of San Bernardino amending Sections 5.04.370, 5.04.495, 19.02.050, 19.06.030(2)(N) and Chapter 19.70 of the Municipal Code to permit food carts subject to specified location criteria and Community Gardens with produce stands by temporary use permits. FINAL READING (No Cost to the City) (Backup materials distributed on July 18, 2011, Item No. 35.) All Wards MOTION: That said ordinance be adopted. Economic Development Agency Laid over from July 18, 2011 15. An Ordinance of the City of San Bernardino providing for the reinstatement and continuation of the powers of the Redevelopment Agency of the City of San Bernardino. FINAL READING (Backup materials distributed on July 18, 2011, Item No. R42.) All Wards (Item Continued on Next Page) 15. Continued. MOTION: That said ordinance be adopted. Fire 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of agreements and issuance of annual purchase orders to Allstar Fire Equipment in the amount of $60,000 and Fisher Scientific Company L.L.C. in the amount of $10,000 for replacement of protective clothing and equipment for structural firefighting. (See Attached) (Cost to the City - $70,000 from Materials & Supplies) (Resolution not available at time of printing.) All Wards MOTION: That the matter be continued to August 15, 2011. Parks, Recreation and Community Services 17. Resolution of the Mayor and Common Council authorizing the execution of an Agreement between the City of San Bernardino and Western Regional Little League Baseball, Inc., for financial assistance from the Civic and Promotion Fund. (Staff Report not available at time of printing.) 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 July 20, 2011 – Committee Members Present: Shorett, Johnson, Kelley 18. Resolution of the Mayor and Common Council of the City of San Bernardino entering into an agreement between City of San Bernardino and Omnitrans for one-time funding for a College Free Pass Pilot Program for 2011-2012 academic year. (See Attached) (No Cost to the City) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2011-2012 Budget and appropriate $141,765 to Account No. 111-100-5502-0016 and; that said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS City Clerk To be heard at 4:00 p.m. 19. Public Hearing – Resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees. (See Attached) (No Cost to the City) All Wards 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. Mayor to open the hearing… MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS City Manager Continued from July 18, 2011 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. (No Cost to the City) (Backup distributed on May 16, 2011, Item No. 9; item continued to June 6, 2011, Item No. 35; item continued to June 20, 2011, Item No. 40; item continued to July 5, 2011, Item No. 19; item continued to July 18, 2011, Item No. 36.) All Wards MOTION: That the matter be continued to August 15, 2011. Fire Continued from July 18, 2011 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2011 through June 30, 2016. (No Cost to the City - $487,000 Revenue) (Backup distributed on June 6, 2011, Item No. 13; item continued to June 20, Item No. 41; item continued to July 5, 2011, Item No. 20; item continued to July 18, 2011, Item No. 37.) All Wards MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Manager 22. San Bernardino Beautification Program (Staff Report not available at time of printing.) MOTION: That the Mayor and Council review and discuss the San Bernardino Beautification Program; that the Director of Finance be authorized to amend the FY 2011-12 budget and appropriate $45,000 to Account No. 772-120-2467; and that staff be directed to move forward with sponsoring September 10, 2011 City-wide Clean-up Day. Council Office 23. San Bernardino Hometown Military Banner Program (See Attached) MOTION: That the San Bernardino Hometown Military Banner Program be discussed and possible action taken. 24. Item deleted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on July 21, 2011 – Committee Members Present: Marquez, Brinker R25. CalPERS Pre-Tax Payroll Deduction plan for employee service credit purchases (See Attached) (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino implementing provisions of the Internal Revenue Code Section 414(H)(2) for miscellaneous employees and authorizing a pre-tax payroll deduction plan for service credit purchases. MOTION: That the Community Development Commission of the City of San Bernardino adopt said resolution subject to the clarification and understanding that all such contributions specified therein shall be made solely by the employee and not by the Agency, which is not, under any circumstances, to provide the benefits conferred upon Agency employees pursuant to said resolution for the use by the employee of “before tax dollars” for such employee funded contributions. Recommended for approval at the Redevelopment Committee meeting on July 21, 2011 – Committee Members Present: Marquez, Brinker R26. Amendment No.1 to the construction contract with Phillips Construction, Inc., for the Americans with Disabilities Act (“ADA”) Ramps and Sidewalks Project Phase II – various locations Citywide (See Attached) Wards 3, 4, 6 & 7 (Community Development Commission) 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 Amendment No. 1 to the construction contract by and between the Agency and Phillips Construction, Inc. (“Contractor”) for the construction of Americans with Disabilities Act (“ADA”) Ramps and Sidewalks Project Phase II – Various locations Citywide (40th Street, South Valle, Northwest Redevelopment Project Areas). MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on July 21, 2011 – Committee Members Present: Marquez, Brinker R27. Amendment No. 1 to the Agreement for Professional Services with Joseph E. Bonadiman and Associates, Inc. for the Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area) (See Attached) Wards 5 & 6 (Community Development Commission) 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 Amendment No. 1 to the Professional Services Agreement by and between the Agency and Joseph E. Bonadiman and Associates, Inc. (“Consultant”) for professional design and engineering services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area). MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on July 21, 2011 – Committee Members Present: Marquez, Brinker R28. Salvation Army – Regarding the acceptance and conveyance of properties (See attached) Ward 1 (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the transfer of the Salvation Army properties from the Redevelopment Agency of the City of San Bernardino (“Agency”) to the San Bernardino Economic Development Corporation (“SBEDC”) pursuant to the approval of the transfer of all real property assets of the Agency to the SBEDC on March 17, 2011 in accordance with the Project Funding Agreement (CDC/2011-9). MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 29. 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.) 30. 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, August 15, 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.