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HomeMy WebLinkAbout06-07-2010 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JUNE 7, 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 Director of Facilities Management (384-5244) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. (Community Development Commission Items are on pages 10-12.) 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): Susan Hulse v. LAFCO & City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVDS 1002077; City of San Bernardino v. Charter Communications Inc. – San Bernardino County Superior Court, Case No. CIVSS 808842; Citizens for Responsible Equitable Environment Development v. City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVDS 918169. 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) One case 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 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: Mid-Management General Management/Confidential Fire Safety Fire Management Police Management Police G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Tax Defaulted Properties 1. Property Address: 882 Washington Ave. south of Central Ave. APN: 0136-461-09 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Larry Walker, Treasurer-Tax Collector, Property Owner/Seller Under Negotiation: Purchase price, terms and conditions. 2. Property Address: SW corner of Sierra Way & Highland Avenue APN: 0146-014-34 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Larry Walker, Treasurer-Tax Collector, Property Owner/Seller Under Negotiation: Purchase price, terms and conditions. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Douglas T. Frame – Bureau of Franchises – Council Member McCammack (Document not available at time of printing.) MOTION: That the appointment of Douglas T. Frame to the Bureau of Franchises, as requested by Council Member McCammack, 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 23 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: May 25, 2010 (Distributed 5/27/10) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 17, 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 June 3, 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. City Attorney 9A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a professional services agreement between Brunick, McElhaney & Beckett and the City of San Bernardino for legal services on behalf of firefighters in an Inland Counties Emergency Medical Agency Investigation. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 9B. Resolution approving a Professional Services Agreement between the City of San Bernardino and Nichole J. Mounsey for temporary attorney services in the City Attorney’s Office. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 10. Resolution of the City of San Bernardino authorizing execution of a cooperative agreement with the City of Colton for maintenance of a grade separation on Hunts Lane at the Union Pacific Railroad (SS04-51). (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 3 MOTION: That the matter be continued to June 21, 2010. 11. Resolution of the City of San Bernardino directing and authorizing the execution of a Real Property Exchange Agreement with the San Bernardino County Flood Control District and the execution of a grant deed for the exchange of City owned parcels of real property generally located northerly of Campus Parkway, between Kendall Drive and Northpark Boulevard in the City of San Bernardino. (See Attached) (No Cost to the City) Ward 5 MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino approving Amendment No. 2 to a Municipal Staffing Agreement with MuniTemps to provide, on a temporary basis, an engineering liaison to supervise the construction and administration of the federal funding mechanism for the Metrolink parking structure at the Santa Fe Depot. (See Attached) (Cost to the City - $96,000 from Account No. 242-362-5504-7576) Ward 1 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Mega Way Enterprises for construction of soccer fields at Speicher Park, Per Project Plan No. 12715. (See Attached) (Cost to the City – $279,544 from Account No. 243-363-5504-7505) Ward 7 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2009/10 CIP budget by transferring $148,600 in Parks CIP project savings to the Speicher Park Soccer Fields CIP project (PR05-03) as specified in the staff report from Valerie Ross, Director of Development Services, dated May 13, 2010. 14. Resolution of the City of San Bernardino approving Amendment No. 1 to the Six-Year Capital Improvement Program (2009-2015) for Measure “I” local expenditures. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That the matter be continued to June 21, 2010. Finance Department 15. Resolution of the City of San Bernardino authorizing the execution of an agreement with PMR Progressive LLC to provide collection services of delinquent accounts for the City of San Bernardino. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That the matter be continued to June 21, 2010. Fire Department 16A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to increase Purchase Order Number 303349 by $62,600 to Air Cleaning Systems in order to complete the construction of the vehicle exhaust removal system. (See Attached) (No Cost to the City - $62,600 from Federal & State Program 2008 Assistance to Firefighters Grant) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 16B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the amendment to the purchase agreement with DHS Systems LLC in the amount of $63,384.83 for a DRASH MX5 rapid deployment shelter and environmental control unit. (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 16C. Resolution the Mayor and Common Council of the City of San Bernardino authorizing the amendment to the purchase agreement with Motorola in the amount of $40,118.85 for communication equipment. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Human Resources 17. Resolution of the Mayor and Common Council of the City of San Bernardino recognizing the San Bernardino City Fire Management Association as the majority representative for the Fire Management Unit. (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino authorizing the execution of an agreement with Mercer Health and Benefits LLC to provide broker and administration services for the City's Healthcare Program. (See Attached) (Cost to the City - $275,000 from Account No. 001-092-5502) (Resolution not available at time of printing.) MOTION: That the matter be continued to June 21, 2010. Information Technology 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the issuance of a purchase order to Accela, Inc., for maintenance of the Permits+ System. (See Attached) (Cost to the City - $69,174.92 from Account No. 679-250-5172-0000-0058) All Wards MOTION: That said resolution be adopted. Police Department 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute service agreements with the San Bernardino County Probation Department, The Young Visionaries Youth Leadership Academy, and the Foundation for California State University for the California Gang Reduction, Intervention and Prevention (CALGRIP) grant. (See Attached) (No Cost to the City - $400,000 in Grant Revenue over 2 years) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to participate as a member of the California Department of Justice, Bureau of Narcotic Enforcement, Inland Crackdown Allied (INCA) Task Force. (See Attached) (Cost to the City - $181,143 from Account No. 001-212-5011 & 001-218-5011; Revenue - $18,942 to Account No. 001-000-4740) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 22. Item deleted. 23. Item deleted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee meeting of May 19, 2010 – Committee Members Present: Shorett, Kelley Finance Department 24. Receive and File the detail FY 2008/09 Year End Report for the Development Impact Fee Funds (See Attached) (No Cost to the City) All Wards MOTION: That the FY 2008/09 Year End Report for the Development Impact Fee Funds be received and filed. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Development Services 25. Public Hearing - An ordinance prohibiting medical marijuana dispensaries. (See Attached) (No Cost to the City) All Wards An ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.026 (Development Code) prohibiting the establishment and operation of medical marijuana dispensaries and other similar uses. FIRST READING Mayor to open the hearing… MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM MAY 17, 2010 Council Office 26. 2010-2011 Budget Revenue Strategies (Backup distributed on May 17, 2010, Item No. 34.) MOTION: Discuss and take possible action concerning revenue enhancement options. LAID OVER FROM MAY 17, 2010 Human Resources 27. Ordinance of the City of San Bernardino amending City of San Bernardino Municipal Code to delete Title 2, Chapters 2.77 (Facilities Management Department) and 2.80 (Animal Control Department). FINAL READING (No Cost to the City) (Backup distributed on May 17, 2010, Item No. 28.) All Wards MOTION: That said ordinance be adopted. END OF CONTINUED ITEMS STAFF REPORTS Council Office 28. Naming of parks in the 5th Ward (See Attached) Ward 5 MOTION: That the following parks be named in the Fifth Ward: Dirk Kempthorne, Jack Hill, Evlyn Wilcox, Allen Gresham, Lyman/Rich (Amasa M. Lyman/Charles C. Rich). END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION LAID OVER FROM MAY 17, 2010 Recommended for approval at the Redevelopment Committee meeting on March 4, 2010 – Committee Members Present: Johnson, Brinker, and Shorett (alternate) R29. Elimination of Debt Limits for three (3) Redevelopment Agency of the City of San Bernardino Project Areas (Meadowbrook/Central City, Central City East and Central City South Redevelopment Project Areas) (Backup distributed on April 19, 2010, Item No. R36; item continued to May 3, 2010, Item No. R29; item continued from May 17, 2010, Item No. R29.) Wards 1 & 3 MEADOWBROOK/CENTRAL CITY A. Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project Area. FINAL READING CENTRAL CITY EAST C. Ordinance of the Mayor and Common Council of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Central City East Redevelopment Project Area. FINAL READING CENTRAL CITY SOUTH E. Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Central City South Redevelopment Project Area. FINAL READING MOTION: That said ordinances A, C, and E be adopted. CONTINUED FROM MAY 17, 2010 Recommended for approval at the Redevelopment Committee meeting on April 22, 2010 – Committee Members Present: Johnson, Brinker, Marquez R30. Professional Services Agreements: Rosenow Spevacek Group, Inc. (Area B West Project Areas Merger and Plan Amendments) and RBF Consulting (Program EIR – Area B West Project Areas Merger and Plan Amendments) (Backup distributed on May 17, 2010, Item No. R32.) Wards 1, 2, 3, 4, 5, & 6 (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 a Professional Services Agreement by and between the Agency and Rosenow Spevacek Group, Inc., to provide consultant services in connection with merging and amending certain redevelopment project areas for the proposed Area B West Project Areas Merger and Plan Amendments (State College, Central City West, Northwest, Uptown, Mt. Vernon and 40th Street Redevelopment Project Areas). B. Resolution of the Community Development Commission of the City of San Bernardino approving the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute a Professional Services Agreement by and between the Agency and RBF Consulting, to provide consultant services in connection with the preparation of a Program Environmental Impact Report for the proposed Area B West Project Areas Merger and Plan Amendments (State College, Central City West, Northwest, Uptown, Mt. Vernon and 40th Street Redevelopment Project Areas). MOTION: That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on May 20, 2010 – Committee Members Present: Johnson, Brinker, Marquez R31. Single-Family Homeownership and Neighborhood Revitalization quarterly update of program activities (See Attached) All Wards MOTION 1: That the Community Development Commission of the City of San Bernardino receive and file the Quarterly Update of Single-Family Homeownership and Neighborhood Revitalization program activities through March 31, 2010; and (Item Continued on Next Page) R31. Continued. MOTION 2: That the Community Development Commission of the City of San Bernardino receive and file the Quarterly Update of the Neighborhood Housing Services of the Inland Empire program activities through December 31, 2009. Recommended for approval at the Redevelopment Committee meeting on May 20, 2010 – Committee Members Present: Johnson, Brinker, Marquez R32. Weka, Inc. – Public Works Construction Contract for the relocation and construction of the sanitary sewer line for the State Courthouse Project (Central City East Redevelopment Project Area) (See Attached) Ward 1 (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino awarding a Public Works Construction Contract (“Construction Contract”), approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute the construction contract by and between the Agency and Weka, Inc. and authorizing the funding of said construction contract amount (Central City East Redevelopment Project Area). MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS CONTINUED FROM MAY 3, 2010 TO BE HEARD AT 4:30 P.M. Development Services 33. Appeal Hearing - An appeal of the Planning Commission’s approval of Conditional Use Permit No. 07-15, a request to expand an existing 129,794 square foot retail commercial building by 41,644 square feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of Highland Avenue at the intersection with Boulder Avenue, at 4210 East Highland Avenue in the CG-1, Commercial General land use district (Appeal No. 09-03) (No Cost to the City) (Backup material distributed on January 4, 2010, Item No. 18; item continued to January 19, 2010, Item No. 15; item continued to February 1, 2010, Item No. 25; item continued to February 16, Item No. 26, item continued to March 1, 2010, Item No. 23; item continued to March 15, 2010, Item No. 29; item continued to May 3, 2010, Item No. 27.) Ward 4 (Item Continued on Next Page) R29. Continued. Applicant/Owner: Wal-Mart Real Estate Business Trust c/o: Jennifer Guenther Gresham Savage Nolan & Tilden, PC 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 Appellant: Citizens for Responsible Equitable Environmental Development (CREED) c/o: Cory J. Briggs, Briggs Law Corporation 99 East “C” Street, Suite 111 Upland, CA 91786 The hearing remains open… MOTION: No action needed.  The Appeal has been withdrawn.   TO BE HEARD AT 4:30 P.M. Development Services 34. Public Hearing - ordering the vacation of a portion of 25th Street between “G” Street and “F” Street, and a portion of Berkeley Avenue between 25th Street and 26th Street (See Attached) (No Cost to the City) Ward 7 Resolution of the City of San Bernardino ordering the vacation of a portion of 25th Street between “G” Street and “F” Street, and a portion of Berkeley Avenue between 25th Street and 26th Street and reserving utility easements therein. Mayor to open the hearing… MOTION: That the hearing be closed and the Findings of Fact, as set forth in the staff report from Valerie Ross, Director of Development Services, dated May 12, 2010, as to why the portion of 25th Street between “G” Street and “F” Street, and a portion of Berkeley Avenue between 25th Street and 26th Street are no longer necessary for public street purposes be adopted; and that said resolution be adopted. END OF PLANNING ITEMS City Attorney 35. Report on League of California Cities Conference. (Staff Report not available at time of printing.) MOTION: That said report be received and filed. 36. Administrative Civil Penalties Program – PowerPoint presentation by City Attorney (Staff Report not available at time of printing.) MOTION: Review and take possible action. 37. 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.) 38. Adjournment. MOTION: That the meeting be adjourned to 5 p.m., on Tuesday, June 8, 2010 in the Economic Development Agency Boardroom, 201 North “E” Street, San Bernardino, CA for a Council Retreat Follow-up meeting. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 21, 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.