HomeMy WebLinkAbout03-21-2011 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 21, 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 12-14.)
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):
Elvia Aguilar v. City of San Bernardino – United States District Court, Case No. CIVDS 912104;
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);
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVSS 70836;
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 DOS 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);
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. –
United States District Court, Case No. EDCV 07-01027 SGL (Opx);
Estate of Terry Nash v. City of San Bernardino, et al. – United States District Court, Case No. CV09-08671RGK (FFMx);
San Bernardino City Professional Firefighters v. City, et al. – San
Bernardino Superior Court, Case No. CIVSS 1102415;
San Bernardino City Professional Firefighters, Local 891, Nathan Lopez v. City of San Bernardino, et al. – United States District Court, Case No. CV10-01773 PSG (DTBx);
Demariae Vinson v. City of San Bernardino, et al. – San Bernardino
County Superior Court, Case No. CIVSS 818649;
Zimmon, Garrett v. City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVDS 906555.
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:
Jaime Alvarez, et al. v. City of San Bernardino
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
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: _________________________________________
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 21 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 March 21, 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 10, 2011 (Distributed 3/14/11)
January 20 & 21-23, 2011 (Distributed 3/14/11)
January 24, 2011 (Jt. Regular) (Distributed 3/15/11)
January 24, 2011 (Jt. Adj. Special) (Distributed 3/15/11)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated March 16, 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 March 17, 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
9A. Approval of Professional Services Agreement with Arias & Lockwood for representation in the case of Jaime Alvarez, et al., 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 (Staff Report not available at time of printing.)
(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 Arias & Lockwood and the City of San
Bernardino for representation in the case of Jaime Alvarez, et al., v. City of San Bernardino, et al., to be filed in the San Bernardino County Superior Court. (Resolution not available
at time of printing.)
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of San Bernardino directing the Economic Development Agency to pay the attorneys’ fees and litigation costs in the defense
of the City of San Bernardino and its current and past employees in the case of Jaime Alvarez, et al. v. City of San Bernardino, et al., to be filed in the San Bernardino County Superior
Court. (Resolution not available at time of printing.)
MOTION: That said resolutions A and B, be adopted.
9B. 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). (Staff
Report and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
9C. 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, et al., United States District Court, Case No. EDCV 10-00504 VAP(OPx). (Staff Report and Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
City Treasurer
10. Resolution of the Mayor and Common Council of the City of San Bernardino amending the annual Statement of Investment Policy for Fiscal Year 2010/2011 to add Section 8.10 thereto
to permit investment in State of California and municipal bonds, notes or registered warrants. (See Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted.
Information Technology
11. Resolution of the City of San Bernardino authorizing the purchase of a Dell Virtual Server Array for the new public safety computer aided dispatch/records management system (CAD/RMS)
from Dell Computers. (See Attached) (Cost to the City - $81,197 from Information Technology Fund/Public Safety System Program) (Resolution not available at time of printing.) All
Wards
MOTION: That said resolution be adopted.
12. Item deleted.
Mayor’s Office
13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Transitional Services Agreement between the City of San Bernardino and Keith
L. Kilmer. (See Attached) (Cost to the City – $47,478 in Savings to General Fund) (Resolution not available at time of printing.) All Wards
(Item Continued on Next Page)
13. Continued.
MOTION: That said resolution be adopted.
Parks, Recreation and Community Services
14. Request to approve Agreements with Evans Construction Management Services for project management of park-related capital improvement projects. (Staff Report not available at time
of printing.)
A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Vendor Services Agreement with Evans Construction Management Services for project
management at Speicher Park, Soccer Complex, Little Mountain Trail, Perris Hill Senior Center and Blair Park. (Resolution not available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Vendor Services Agreement with Evans Construction Management Services for project
management at the Verdemont Community Center. (Resolution not available at time of printing.)
C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Vendor Services Agreement with Evans Construction Management Services for Capital
Improvement Projects Nos. 04-14, 09-02, 09-06, 04-31, 07-10, 04-38, 04-34, 04-33, 08-12, 08-01 and 07-04. (Resolution not available at time of printing.)
MOTION: That Resolutions A, B and C be discussed and possible action taken.
Police
15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to issue a purchase order to Phoenix Group Information Services for an
amount not to exceed $60,000.00 for processing parking citations. (See Attached) (Cost to the City – Not to Exceed $60,000 from Contractual Services) (Resolution not available at time
of printing.) All Wards
MOTION: That said resolution be adopted
16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding regarding security at Patton State Hospital between
the City of San Bernardino and its Police Department, Department of Mental Health at Patton State Hospital, Hospital Police Department (HPD), Department of Corrections and Rehabilitation
(CDCR). (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
Public Works
Laid Over from March 7, 2011
17. An ordinance of the City of San Bernardino amending Section 8.24.285 of Chapter 8.24 of the San Bernardino Municipal Code concerning Self Haul. FINAL READING (See New Request for
Council Action Attached) (No Cost to the City) (Backup distributed on March 7, 2011, Item No. 27.) All Wards
MOTION: That said ordinance be adopted.
18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and an increase to Purchase Order Number 303742 by $75,100 to Consolidated
Electrical Distributors, Inc. for the purchase of additional streetlight electrical wire and supplies. (See Attached) (Cost to the City - $75,100 from Capital Improvement Project SS05-024
Streetlight Poles & Electrical Systems Replacement) All Wards
MOTION: That said resolution be adopted.
19. 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 $61,000 with
four one-year extensions at the City's option to C & W Construction Specialties, Inc. for guardrail replacement services. (See Attached) (Cost to the City - $61,000 from Capital Improvement
Project SS-H Guardrail Repair at Various Locations) All Wards
MOTION: That said resolution be adopted.
20. Resolution of the City of San Bernardino approving Amendment No. 5 to Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for
the Santa Fe Depot Parking Structure (GB04-19). (See Attached) (No Cost to the City) Ward 1
(Item Continued on Next Page)
20. Continued.
MOTION: That said resolution be adopted.
21. Item deleted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
City Attorney
Discussed at the Ways and Means Committee meeting of March 9, 2011 – Committee Members Present: Shorett, Kelley, Johnson
22. 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.
Community Development
Recommended for approval at the Personnel Committee meeting of March 15, 2011– Committee Members Present: McCammack, Shorett, Kelley (Alternate)
23. Approval of the Community Development Department public counter improvements (See Attached) (No Cost to the City)
MOTION: That the following actions be taken: a) delete one Senior Administrative Assistant position, Range 1400, $3,264-$3,967/month; b) reclassify two Customer Service Representative
positions, Range 1350, $2,543-$3,092/month to Development Services Technicians, Range 1410, $3,431-$4,170/month; c) authorize two part-time Office Assistant positions, Range 1330, $2,302-$2,798/month
and d) transfer funding and positions from the Fire Department to Community Development for two Code Enforcement Officer II positions.
Police
Recommended for approval at the Grants Ad Hoc Committee meeting of March 15, 2011 – Committee Members Present: Kelley, McCammack
24. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application for a Selective Traffic Enforcement Program (STEP) Grant from the
State of California Office of Traffic Safety (OTS) in the amount of $307,585 and authorizing the Police Department to accept and administer the grant. (See Attached) (No Cost to the
City - $307,586 in Grant Revenue) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Public Works
Recommended for approval at the Ways & Means Committee meeting of March 9, 2011 – Committee Members Present: Shorett, Kelley, Johnson
25. Rejection of all proposals related to RFP FM 11-01 pursuant to Section 3.04.070(E) of the Municipal Code for a full service parking meter solution in the Courthouse District of the
City of San Bernardino. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 1
MOTION: That all proposals related to RFP FM 11-1 be rejected.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Community Development
To be heard at 4:00 p.m.
Continued from January 24, 2011
26. Public Hearing - An ordinance to amend Chapter 19.22 of the Development Code to provide for electronic message center signage for the Uptown Redevelopment Project area and a request
for a Conditional Use Permit to construct a 1,078 sq. ft. freeway-oriented electronic message center sign, 75 ft. in height, at the southeast corner of 3rd and “I” Streets. (DCA 10-02;
CUP 10-09). (No Cost to the City) (Backup documents distributed on January 24, 2011, Item No. 23.) Ward 1
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. FIRST READING (Ordinance not available at time of printing.)
Mayor to open the hearing…
(Item Continued on Next Page)
26. Continued.
MOTION: That the hearing be closed; that the proposed Development Code Amendment and Conditional Use Permit be denied based on the recommendation of the Planning Commission; and that
said ordinance be laid over for final adoption.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
Parks, Recreation and Community Services
Continued from March 7, 2011
27. 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). (No Cost to the City) (Backup documents
distributed on March 7, 2011, Item No. 16.) Ward 2
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
28. Request for increase in City Attorney’s Office Budget for outside counsel and litigation expenses (Cost to the City - $410,000 from General Fund) (Staff Report not available at time
of printing.)
MOTION: That the matter be discussed and possible action taken.
Council Office
29. Mayor Pro-Tempore – Election of Mayor Pro-Tempore (See Attached)
MOTION: That the Common Council elect a Council member to serve as Mayor Pro-Tempore until March 19, 2012.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Joint Special Meeting on March 3, 2011
R30. Discuss and take action to appoint Commission members to the Board of Directors of the San Bernardino Economic Development Corporation (See Attached) All Wards
MOTION A: That the Mayor as Chair of the Commission hereby recommends the appointment of Councilmember Johnson, Councilmember Brinker, and Mayor Morris to the SBEDC Board of Directors
and that the names of said Commission members be inserted into Commission Resolution No. CDC/2011-8 as approved on March 3, 2011.
MOTION B: That the Community Development Commission of the City of San Bernardino (“Commission”) hereby consents to and approve the appointments of Councilmember Johnson, Councilmember
Brinker, and Mayor Morris to the SBEDC Board of Directors and authorizes the insertion of such names into Commission Resolution No. CDC/2011-8.
Recommended for approval at the Redevelopment Committee meeting of February 10, 2011 – Committee Members present: Johnson, Brinker, Marquez
R31. 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 Contract Employment Agreement by and between the Agency and Samuel K. Hughes to provide Neighborhood Stabilization Program and other affordable
housing professional services to the Agency. (See Attached) All Wards
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting of January 27, 2011 – Committee Members present: Johnson, Brinker, Marquez
R32. Resolution of the Community Development Commission of the City of San Bernardino approving the Preliminary Plan for the Merged, Amended and Restated Redevelopment Plan for the proposed
San Bernardino Merged Redevelopment Project Area B (State College, Central City West, Northwest, Uptown, Mount Vernon Corridor, 40th Street). (See Attached) All Wards
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting of March 10, 2011 – Committee Members present: Johnson, 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 Amendment No. 1 to the Agreement for Professional Services by and between the Agency and The Fransen Company, for Commercial/Retail and Marketing/Siting
Advisory Services for the Downtown Core Vision and Action Plan Area and Business Retention/Expansion/Attraction and Job Creation Program. (See Attached) Ward 1
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting of January 27, 2011 – Committee Members present: Johnson, Brinker, Marquez
R34. California Housing Foundation, Inc., a non-profit 501(c)(3) organization – Amendment No. 2 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition
Agreement (See Attached) Ward 5
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. 2 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement by and between the Agency and California
Housing Foundation, Inc.
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting of March 10, 2011 – Committee Members present: Johnson, Marquez
R35. Amendment No. 1 to the 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement by and between the Agency
and TELACU Housing-San Bernardino V, Inc., for additional off-site improvement costs (TELACU Housing-San Bernardino V, Inc. – Central City North Redevelopment Project Area) (See Attached)
Ward 1
(Item Continued on Next Page)
R35. Continued.
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 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement
by and between the Agency and TELACU Housing – San Bernardino V, Inc., (“Developer”) (Central City North Redevelopment Project Area).
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting of March 10, 2011 – Committee Members present: Johnson, Brinker, Marquez
R36. 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 an Agreement for Professional Services by and between the Agency and Ludwig Engineering, Inc., for Architectural and Engineering Design Services
for Theater Square (Central City North Redevelopment Project Area). (See Attached) Ward 1
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
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.
NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, April 4, 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.