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HomeMy WebLinkAbout03-07-2011 Reg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 7, 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 11 - 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): San Bernardino City Professional Firefighters v. City, et al. – San Bernardino Superior Court, Case No. CIVSS 1102415. 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) Red Light Cameras – Agenda Item #31 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. G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Central City Redevelopment Project Area 1. Property Address: 295 Carousel Mall, San Bernardino APNs: 0134-181-28, 0134-211-34 and 38, 0134-291-11, 0134-301-22, 0134-231-29, 0134-231-27 and 28 and 0134-221-45 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Leasor and David H. Slaughter, Director of Real Estate Services Department, County of San Bernardino, as Leasee. Under Negotiation: Lease terms and conditions. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Charlotte R. LeVecque – Animal Control Commission – Council Member Shorett (See Attached) MOTION: That the appointment of Charlotte LeVecque to the Animal Control Commission, as requested by Council Member Shorett, 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 26 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, 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 March 1, 2011, 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 March 3 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 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Timothy Sabo, of Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to advise the Planning Commission and the Mayor and Common Council regarding the proposed revocation/modification of Conditional Use Permit No. 93-14 to operate a nightclub at 295 E. Caroline Street, San Bernardino. (See Attached) MOTION: That said resolution be adopted. 9. Approval of Professional Services Agreement with Lewis Brisbois Bisgaard & Smith for representation in the case of Placo, San Bernardino LLC v. City of San Bernardino, et al., and authorization for the cost of the City’s defense to be borne by the Economic Development Agency (See Attached) (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Timothy Sabo, of Lewis, Brisbois, Bisgaard & Smith, and the City of San Bernardino for representation in the case of Placo San Bernardino, LLC, v. City of San Bernardino, et al., United States District Court No. CV11-01187GW (FMOx). (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino directing the Economic Development Agency to pay the City’s attorneys’ fees and costs of Lewis, Brisbois, Bisgaard & Smith for representation in the case of Placo San Bernardino, LLC, v. City of San Bernardino, et al., United States District Court No. CV11-01187GW (FMOx). MOTION: That said resolutions A and B, be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Atkinson, Andelson, Loya, Ruud & Romo and the City of San Bernardino in the case of San Bernardino City Professional Firefighters, Local 891; Richard “Scott” Moss v. City of San Bernardino; San Bernardino City Council; Does 1-10, inclusive. (See Attached) All Wards 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 Professional Services Agreement between Lewis Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Elvia Aguilar v. City of San Bernardino, et al., United States District Court, Case No. CV10-03659 SJO (PLAx). (See Attached) MOTION: That said resolution be adopted. City Clerk 12. Resolution of the Mayor and Common Council of the City of San Bernardino accepting the resignation of Second Ward Council Member Jason Desjardins; calling a special election in the Second Ward of the City for July 12, 2011, to fill the vacant Council seat in said ward, calling the special election to be conducted wholly by mail ballots; and other related matters. (See Attached) (Cost to the City - $38,000 from Elections - Professional/Contractual Services) Ward 2 MOTION: That said resolution be adopted. Fire 13. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an on-line grant application for the 2010 Assistance to Firefighters Grant Program: Fire Prevention and Safety Grant to the Department of Homeland Security in the amount of $96,463. (See Attached) [Cost to the City - $77,171 from Department of Homeland-Funding Share and $19,292 from City’s Cost Share (Non-Federal Funds)] (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 14. Item deleted. Parks, Recreation & Community Services 15. Resolution of the Mayor and Common Council of the City of San Bernardino canceling the annual Services Agreement approved November 1, 2010 and authorizing the City Manager to approve an annual Services Agreement between the City of San Bernardino and the Boys and Girls Club of San Bernardino, Inc. to provide community services at the Delmann Heights Community Center. (See Attached) (Cost to the City - $7,155/month ($85,860/year) from Recreation/Community Programs - Professional/Contractual Services) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to approve a Facility Lease Agreement between the City of San Bernardino and Project Fighting Chance to provide community and youth services at Perris Hill Community Center (previously a Special Place Children's Museum). (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. Public Works 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the re-issuance of the fourth amendment to the Waste Delivery Agreement between the County of San Bernardino and the City of San Bernardino. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 18. Authorize the Director of Public Works to execute Contract Change Order No. One with All American Asphalt for Street Improvements on Cajon Boulevard related to Federal EDA Award No. 07-01-06147, per Project Plan No. 12155. (See Attached) (Cost to the City - $18,613 from Hillwood Reimbursement) Ward 6 MOTION: That the Director of Public Works be authorized to execute Contract Change Order No. One with All American Asphalt for Street Improvements on Cajon Boulevard related to EDA Award No. 07-01-06147, per Project Plan No. 12155. 19. Authorize the Director of Public Works to execute Contract Change Order No. Three with Weka, Inc. for the Sanitary Sewer Relocation Improvements for State Route 215 Freeway Widening, Segments 1, 2 and 5 (SW09-03), per Project Plan No. 12574. (See Attached) (Cost to the City - $16,006 from Caltrans Reimbursement) Wards 1, 2, & 6 MOTION: That the Director of Public Works be authorized to execute Contract Change Order No. Three with Weka, Inc. for the Sanitary Sewer Relocation Improvements for State Route 215 Freeway Widening, Segments 1, 2 and 5 (SW09-03), per Project Plan No. 12574. 20. 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 $35,124.12 to Alden Fleet Solutions, Inc. for GPS Tracking System Services to be utilized by the Public Works Department, Integrated Waste Management Division. (See Attached) (Cost to the City - $35,124.12 from Other Operating Expenses) All Wards MOTION: That said resolution be adopted. 21. 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 four-way stop at the intersection of Twenty-Seventh Street and Davidson Avenue. (See Attached) (Cost to the City - $2,000 from Materials and Supplies) Ward 2 MOTION: That said resolution be adopted. 22. Resolution of the City of San Bernardino approving Amendment No. 2 to Agreement for Professional Architectural and Engineering Services at the Metrolink Parking Structure at Santa Fe Depot with Owen Design Group, Inc. for design and construction of the Santa Fe Depot Parking Structure Project (GB04-19). (See Attached) [Cost to the City - $44,098 from Santa Fe Depot Parking Structure (GB04-19)] Ward 1 MOTION: That said resolution be adopted. 23. Resolution of the City of San Bernardino authorizing execution of a Public Highway Crossing Agreement with San Bernardino Associated Governments (SANBAG), the City of Colton and the Union Pacific Railroad Company (UPRR) for the design, construction and maintenance of a grade separation on Hunts Lane at the UPRR South of Redlands Boulevard (SS04-51). (See Attached) (No Cost to the City) Ward 3 MOTION: That said resolution be adopted. 24. Resolutions of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a purchase order to Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of twelve 2011 Ford Crown Victoria Police Interceptors utilized by the Police Department. (See Attached) (Cost to the City - $323,089.44 from FY 2011/12 Motor Vehicles) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 25. Resolution authorizing the execution of an Agreement and issuance of a purchase order to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code, for one (1) 2010 Schwarze M600 Broom Sweeper powered by compressed natural gas to be utilized by the Public Services Department Street Division; and award a lease-purchase agreement to Pinnacle Public Finance. (See Attached) (Cost to the City - $2,061,454.32 plus lease costs from FY 2011/12 Lease Payments) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 26. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application for Waste Tire Cleanup and Amnesty Grant Program from the California Department of Resources Recycling and Recovery (CALRECYCLE). (See Attached) (No Cost to the City - $20,000 in Grant Revenue) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Public Works Recommended for approval at the Legislative Review Committee meeting of February 23, 2011 – Committee Members Present: Marquez, McCammack 27. An ordinance of the City of San Bernardino modifying the requirements contained in Section 8.24.285 Self Haul of Chapter 8.24 of the San Bernardino Municipal Code. FIRST READING (See Attached) (No Cost to the City) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT CONTINUED ITEMS City Attorney Continued from February 22, 2011 28. Discussion and possible action concerning agenda briefing meetings. (Backup materials distributed on February 22, 2011, Item No. 27.) MOTION: That regular agenda briefing meetings be open to the public and that notices of said meetings be posted in accordance with the Brown Act. END OF CONTINUED ITEMS STAFF REPORTS City Manager/City Clerk 29. Resolution of the City of San Bernardino authorizing the City Manager to execute an agreement with IQM2, Inc. for an Agenda Management System. (See Attached) (Cost to the City - $59,990 in Grant Funding; $5,194 Community Development Planning Professional Contractual Account) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Community Development 30. Approval and implementation of public counter improvements for the Community Development Department (See Attached) (No Cost to the City - $0 Net Impact to the General Fund) All Wards MOTION 1: That the Community Development Department Public Counter improvement program be approved and that the City Manager be directed to implement the program; and MOTION 2: That the following actions be referred to the Personnel Committee for review: a) delete one Senior Administrative Assistant position; b) reclassify two Customer Service Representative positions to Development Services Technicians; and c) transfer funding and positions from the Fire Department to Community Development for two Code Enforcement Officer II positions and authorize two part-time positions; and MOTION 3: That the Finance Director be authorized to amend the FY 2010/11 budget to reflect current year changes beginning April 1, 2011 and incorporate the changes into the FY 2011/12 budget proposal as listed in the staff report from the Director of Community Development dated March 1, 2011. Police 31. Red Light Camera Program options and resolution (See Attached) (Cost to the City – Option A: $104,325 - $110,175 for FY 2010/2011; or, Option B: $780,000 over three years) All Wards Resolution of the City of San Bernardino authorizing the Director of Finance to issue a purchase order to American Traffic Systems (ATS) of Phoenix, Arizona, for services rendered beginning FY 2010/11. (Resolution not available at time of printing.) MOTION 1: That the options be discussed and possible action be taken regarding the disposition of the agreement for the Red Light Camera Program; and MOTION 2: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on February 10, 2011 - Committee Members Present:  Johnson, Brinker, Marquez R32. Single-Family Residence Revitalization Program Second Quarter Report (October 1, 2010 through December 31, 2010 (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the Quarterly Report of the Single-Family Residence Revitalization Program activities (October 1, 2010 through December 31, 2010) for the Redevelopment Agency of the City of San Bernardino. Recommended for approval at the Redevelopment Committee meeting on February 10, 2011 - Committee Members Present:  Johnson, Brinker, Marquez R33. 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 Stechmann Geoscience, Inc., A California Corporation, concerning environmental investigations on Agency owned property located at the Southeast corner of 5th and “H” Streets (Central City North Redevelopment Project Area). (See Attached) All Wards MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION City Attorney 34. Request for increase in City Attorney’s Office budget for outside counsel and litigation expenses (Cost to the City - $450,000 from General Fund) (Staff Report not available at time of printing.) MOTION: That the City Attorney’s budget be increased by $300,000 for Outside Counsel and $150,000 for Litigation Expenses. 35. 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.) 36. 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, March 21, 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.