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HomeMy WebLinkAbout03-01-2010 Reg Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Virginia Marquez 300 N. ?D? Street Jason Desjardins San Bernardino, CA 92418 Tobin Brinker Fred Shorett Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 1, 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 10-11.) 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 nd City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 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: ___________________________________________ 03/01/2010 1 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): Jan and Dan Batey v. City of San Bernardino ? San Bernardino County Superior Court, Case No. SCVSS 141503; Citizens for Responsible Equitable Environmental Development v. City ? San Bernardino County Superior Court, Case No. CIVDS 918169; City of San Bernardino Municipal Water Department v. The United States Department of The Army ? United States District Court, Case Nos. CV 96-8867 & CV 96-5205. 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) Claim of Darren A. Johnson, Sr. Two (2) Cases 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 Lorelier Geri Franske v. Joshua B and Doreen Lim ? San Bernardino County Superior Court, Case No. CIVDS 903488. 03/01/2010 2 D. Closed Session ? personnel ? pursuant to Government Code Section 54957: Employee Contract - Fire Chief 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 03/01/2010 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ Inaugural Ceremony ? 3:00 p.m. Mayor Patrick J. Morris st Council Member Virginia Marquez, 1 Ward nd Council Member Jason Desjardins, 2 Ward th Council Member Fred Shorett, 4 Ward 2. Appointments. 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 18 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: February 16, 2010 (Distributed 2/23/2010) 03/01/2010 4 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 16, 2010, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (Document not available at time of printing.) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated February 25, 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. Development Services 9. Approve the list of Local Stimulus Program (LSP) funded projects, amendment of the Capital Improvements Program and authorize the Director of Finance to amend the FY 2009-2010 Capital Improvements Budget by increasing the Street Construction account by $2,898,703. (See Attached) (No Cost to the City - $2,898,703 in New Revenue) All Wards MOTION: That the list of Formula Stimulus funded projects be approved; that the Capital Improvements Program be amended to show the new funding source; and that the Director of Finance be authorized to amend the FY 2009-2010 Capital Improvements budget by increasing the Street Construction fund by $2,898,703 and appropriating these additional revenues to the various projects as specified in the staff report dated February 3, 2010, from Valerie Ross, Director of Development Services. 10. Resolution of the City of San Bernardino approving Amendment No. 4 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) (Cost to the City - $1,015,810 from Street Construction Fund) Ward 1 MOTION: That said resolution be adopted. 11. Resolution of the City of San Bernardino approving an agreement for services with AECOM for on-call civil engineering design and project management for nd design of the repair of 2 Street bridge at Warm Creek (SS08-20). (See Attached) (Cost to the City - $131,824 from Prop 1B Fund) (Resolution not available at time of printing.) Ward 1 03/01/2010 5 MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino approving an agreement for services with Transtech for on-call civil engineering design and project management for design of the community center at Al Guhin Park. (See Attached) (Cost to the City - $36,400 from the Verdemont Community Center Improvement Fund) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 13. 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 three-way stop at the intersection of Mayfield Avenue and Fifty-ninth Street. (See Attached) (Cost to the City - $1,000 from the General Fund/Street Maintenance) Ward 4 MOTION: That said resolution be adopted. 14. Resolution of the City of San Bernardino approving Amendment No. 5 to Services Agreement with AECOM (Formerly Lan Engineering Corporation) for provision of professional project management services for the design of the Mt. Vernon Ave. viaduct over the BNSF Railroad. (See Attached) (Cost to the City - $30,800 from the Street Construction Fund) Wards 1 & 3 MOTION: That said resolution be adopted. Police 15. Resolution of Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with San Manuel Band of Mission Indians to use the City of San Bernardino Police Department?s firing range. (See Attached) (No Cost to the City) Ward 2 MOTION: That said resolution be adopted; and that the Finance Director be authorized to increase Police Revenue Account No. 001-000-4740 by $25,000 and increase Police Expenditure Account No. 001- 224-5706 by $25,000. Public Services 16. A 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 $428,048.37 to Fairview Ford of San Bernardino for the purchase of one (1) Vac-con V311LHA/1300 jet rodder truck to be utilized by the Public Services Department Street Division Sewer Crew. (See Attached) (Cost to the City $428,048.37 from the Sewer Line Maintenance Fund) All Wards 03/01/2010 6 MOTION: That said resolution be adopted. 17. 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 $107,000 with two (2) one-year extensions at the City?s option to Sloan Vazquez, LLC for a commercial container inventory audit. (See Attached) (Cost to the City - $107,000 from Refuse Professional/Contractual Services) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2009/10 budget and transfer $47,000 from Account No. 527-413- 5179 (Dump/Waste Fees) to Account No. 527-411-5502 (Professional/Contractual Services); and that said resolution be adopted. 18. 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 $603,900 with four (4) one-year extensions at the City?s option to Nelson Paving and Grading Corporation (NPG) for asphalt paving and repair services throughout the City of San Bernardino. (See Attached) (Cost to the City - $603,900 from various accounts as shown in staff report) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting of February 23, 2010 ? Committee Members Present: Baxter, Estrada, Shorett (alternate) Mayor?s Office 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to submit the U.S. Department of Justice Second Chance Act Adult Reentry Initiative Grant and accept the grant award. (See Attached) (No Cost to the City - $750,000 in Grant Revenue) All Wards MOTION: That said resolution be adopted. 03/01/2010 7 Recommended for approval at the Ways & Means Committee meeting of February 17, 2010 ? Committee Members Present: Kelley, Brinker City Manager 20. Fee waiver request from Catholic Charities of San Bernardino/Riverside for the 2010 Block Party/Community Health Fair (See Attached) MOTION: That the request from Catholic Charities of San Bernardino/Riverside for indirect funding in the amount of $3,600.61 be approved to assist with the 2010 Block Party/Community Health Fair; and that the Director of Finance be authorized to transfer funds from the 2009/2010 Civic and Promotion Fund to various City departmental accounts, as listed in the attached staff report dated February 11, 2010, from Charles McNeely, City Manager. END OF COMMITTEE CONSENT CONTINUED ITEMS CONTINUED FROM FEBRUARY 16, 2010 Public Services 21. An Ordinance of the City of San Bernardino amending the definition of "Roll- off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. FIRST READING (No Cost to the City) (Backup distributed on February 1, 2010, Item No. 23; item continued to February 16, 2010, Item No. 25.) (Ordinance not available at time of printing.) All Wards MOTION: That the matter be continued to March 15, 2010. END OF CONTINUED ITEMS STAFF REPORTS Council Office 22. 2010 New Mayors and Council Members Academy Conference Update (See Attached) MOTION: That the report be received and filed. END OF STAFF REPORTS 03/01/2010 8 PLANNING ITEMS CONTINUED FROM FEBRUARY 16, 2010 TO BE HEARD AT 4:30 P.M. Development Services 23. 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.) Ward 4 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: That the matter be continued to March 15, 2010. END OF PLANNING ITEMS 03/01/2010 9 COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM FEBRUARY 16, 2010 Recommended for approval at the Redevelopment Committee meeting on December 3, 2009 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) R24. Bogh Engineering, Inc. ? Construction Contract for construction of the Eastside Skate Park and handicapped access improvements at Speicher Park, 1535 Arden Avenue, San Bernardino, California (IVDA Redevelopment Project Area) (See New Staff Report and Resolution Attached) (Backup distributed on February 1, 2010, Item No. R26; item continued to February 16, Item No. R27.) Ward 7 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Redevelopment Agency of the City of San Bernardino (?Agency?) to be the lead Agency for the design and construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area). (Resolution not available at time of printing.) (Community Development Commission) B. 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 Construction Contract by and between the Agency and Bogh Engineering, Inc., for construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area). MOTION: That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on January 21, 2010 ? Committee Members Present: Baxter, Brinker R25. In-N-Out Burger, Inc., a California Corporation ? Redevelopment Project Study and Exclusive Right to Negotiate Agreement (Central City North Redevelopment Project Area) (See Attached) Ward 1 (Item Continued on Next Page) 03/01/2010 10 R25. Continued. (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 a Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and between the Agency and In-N-Out Burger, Inc., a California Corporation, th concerning Agency owned property located at the southeast corner of 5 and ?H? Streets (Central City North Redevelopment Project Area). MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 26. 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.) 27. Adjournment. MOTION: That the meeting be adjourned to 4 p.m., Thursday, March 11, 2010, in the Economic Development Agency Boardroom to consider the Fiscal Year 2009/10 City and Economic Development Agency mid-year budgets. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, March 15, 2010, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 03/01/2010 11 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. 03/01/2010 12