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HomeMy WebLinkAbout08-15-2011 Reg. Agenda DRAFT AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 15, 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 8-9.) 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): Mekione Samatua, et al., v. City of San Bernardino – San Bernardino Superior Court, Case No. CIVDA 917832; Edward King & Aja Jaeger v. City of San Bernardino, et al. – United States District Court, Case No. 09-01339/ 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: Fire Safety 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. 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 X 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 15, 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: Month XX, 2011 (Distributed X/X/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 Month XX, 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 Month XX, 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 X. PLACEHOLDER: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a retainer agreement between Colantuono & Levin, PC and the City of San Bernardino for legal services in the case Sipple et al. v. City of Alameda et al. Los Angeles County Superior Court Case Number BC462270. (Staff Report and Resolution not available at time of printing.) MOTION: Human Resources X. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a one-year extension of the term of the agreement with the Counseling Team International. (See Attached) (Cost to the City - $42,750 from Professional Contract Services) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Parks, Recreation and Community Services X. Resolution of the Mayor and Common Council authorizing the ratification of an Agreement between the City of San Bernardino and Little League Baseball and Softball, Inc., for financial assistance from the Civic and Promotion Fund and rescinding Resolution No. 2011-239. (Cost to the City - $50,326: $5,000 direct/$45,326 fee waiver for department personnel and equipment costs from the FY 2011-12 Civic and Promotional Fund) (Staff Report and Resolution not available at time of printing.) Ward 5 (Item Continued on Next Page) X. Continued. MOTION: That said resolution be adopted; that the direct funding in the amount of $5000 be approved; the indirect funding in the amount of $45,326 be transferred from the FY 2011/12 Civic and Promotion fund to various City departmental accounts as listed in the staff report from the Director of Parks, Recreation and Community Services, dated XXX; and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2011 Western Regional Little League tournaments. Public Works X. Authorize the Director of Public Works to execute Contract Change Order No. 3 with Bomel Construction Co., Inc. for the Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Plan Nos. 12591, 12328, 12336, 12337, 12327, and 12348 (See Attached) (Cost to the City - $32,895.03 from Santa Fe Depot Parking Structure) Wards 1 & 3 MOTION: That the Director of Public Works be authorized to execute Contract Change Order No. 3 with Bomel Construction Co., Inc. for the Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Plan Nos. 12591, 12328, 12336, 12337, 12327, and 12348. X. Authorize the Director of Public Works to execute Contract Change Order No. 2 with Hillcrest Contracting, Inc. for the Victoria Avenue Street Improvement and Beautification Project, Phase II, per Plan No. 12321 (SS05-25) (See Attached) (Cost to the City - $42,965.93 from Widen Victoria Avenue from Highland Ave to Lynwood Ave) Ward 4 MOTION: That the Director of Public Works be authorized to execute Contract Change Order No. 2 with Hillcrest Contracting, Inc., for the Victoria Avenue Street Improvement and Beautification Project Phase II, per Plan No. 12321 (SS05-25). X. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution… designating certain streets, or portions thereof as through highways…" and establishing a two-way stop at the intersection of Genevieve Street and Thirty-First Street. (See Attached) (Cost to the City - $500 from Materials & Supplies) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. X. Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison Company across a portion of City owned property located at 2121 N. Medical Center Drive, known as Fire Station No. 223 (APN 0143-012-44). (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. X. Authorization to proceed and approval of Plan No. 12798 - Proposed street vacation of a portion of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue (See Attached) (No Cost to the City) Ward 1 MOTION 1: That the Director of Public Works and the City Clerk be authorized to proceed with the proposed street vacation of a portion of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue; and MOTION 2: That Plan No. 12798 showing the proposed street vacation of a portion of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue, be approved. END OF CONSENT CALENDAR PUBLIC HEARINGS Community Development Continued from July 18, 2011 To be heard at 4:00 p.m. X. Public Hearing – Amendment to Development Agreement No. 91-01 between the City of San Bernardino and the developer of the Inland Center Mall (See Resolution Attached) (No Cost to the City) (Backup materials distributed on July 18, 2011, Item No. 33.) Ward 3 A resolution of the Mayor and Common Council of the City of San Bernardino approving an amendment to Development Agreement No. 91-01 between the City of San Bernardino and the developer of the Inland Center Mall, located at 500 South Inland Center Drive. The hearing remains open… MOTION: Community Development To be heard at 4:00 p.m. X. Public Hearing – A request to change the General Plan land use designation from PFC, Public Flood Control, to CG-1, Commercial General, on 9.7 acres located approximately 40 feet northwest of the intersection of Baseline and California Streets (GPA No. 11-02) (See Attached) (No Cost to the City) Ward 6 Applicant: Bruce Cash United Strategies 1902 Orange Tree Lane, Ste. 200 Redlands, CA 92374 Mayor to open the hearing… MOTION: That the hearing be closed; and that General Plan Amendment No. 11-02 be denied based on the Findings of Fact in the Planning Commission staff report. END OF PUBLIC HEARINGS CONTINUED ITEMS City Manager Continued from August 1, 2011 X. 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; item continued to August 1, 2011, Item No. 20.) All Wards MOTION: That said resolution be adopted. Fire Continued from August 1, 2011 X. 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 All-star 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. (Cost to the City - $70,000 from Materials & Supplies) (Backup materials distributed on August 1, 2011, Item No. 16.) (Resolution not available at time of printing.) All Wards MOTION: END OF CONTINUED ITEMS STAFF REPORTS City Clerk X. Designation of Voting Delegate and Alternate Voting Delegates for the League of California Cities Annual Conference to be held September 21-23, 2011 in San Francisco, California (See Attached) All Wards MOTION: That Council Member Kelley be designated as the City of San Bernardino’s voting delegate and __________________ be designated as the alternate voting delegates for the League of California Cities Annual Conference to be held September 21-23, 2011 in San Francisco, California. Finance X. PLACEHOLDER: Cost Allocation Plan Report (Staff Report not available at time of printing.) MOTION: X. PLACEHOLDER: City Attorney’s Office Budget (Staff Report not available at time of printing.) MOTION: END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on July 7, 2011 – Committee Members Present: Johnson, Brinker RX. Amendment No. 1 to the 2006 San Bernardino Valley Enterprise Zone (“SBVEZ”) Memorandum of Understanding (See Attached) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the execution of Amendment No. 1 to the 2006 San Bernardino Valley Enterprise Zone ("SBVEZ") Memorandum of Understanding by and among the City of Colton, the City of San Bernardino ("City"), the County of San Bernardino ("County") and the Inland Valley Development Agency ("IVDA") (All Redevelopment Project Areas). (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that the Community Development Commission of the City of San Bernardino approve and accept the obligation to designate an Agency staff to serve as the Zone Coordinator, Zone Manager and Vouchering Agent at the request of the City of San Bernardino in furtherance of Amendment No. 1 to that certain San Bernardino Valley Enterprise Zone Memorandum of Understanding (All Redevelopment Project Areas). Recommended for approval at the Redevelopment Committee meeting on August 5, 2010 – Committee Members Present: Johnson, Marquez, Shorett RX. San Bernardino Redevelopment Project Area Merger Area A – City Housing Element Compliance (See Attached) Wards 1 & 3 (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino hereby makes findings and determinations that: 1) The City of San Bernardino has an adopted Housing Element which substantially complies with the California Government Code Section relative to Housing Elements: 2) The Redevelopment Agency of the City of San Bernardino has not been included in the California State Controller's Report to the Office of the Attorney General for Agencies with major audit violations in any of the last three fiscal years; 3) The Agency does not have an excess surplus in its low and moderate income housing fund. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION X. 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.) X. 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., Tuesday, September 6, 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.