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HomeMy WebLinkAbout05-17-2010 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MAY 17, 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 11-14.) 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): 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; City v. Dainn Caldera – San Bernardino County Superior Court, Case No. CIVDS 916001; 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) Two 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 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. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Council member Tobin Brinker – Inland Valley Development Agency – Mayor Morris. (See Attached) B. Council member Fred Shorett – Inland Valley Development Agency (alternate) – Mayor Morris. (See Attached) C. Council member Virginia Marquez – Omnitrans Board (alternate) – Mayor Morris. (See Attached) D. Council member Virginia Marquez – San Bernardino Associated Governments (alternate) – Mayor Morris. (See Attached) E. Council member Rikke Van Johnson – San Bernardino International Airport Authority – Mayor Morris. (See Attached) F. Council member Tobin Brinker – San Bernardino International Airport Authority (alternate) – Mayor Morris. (See Attached) MOTION: That the appointments A-F, as requested by Mayor Morris, be approved. 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 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: March 25-27, 2010 (Distributed 05/10/10) April 19, 2010 (Distributed 05/10/10) 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 5, 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 May 13, 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 with Arias & Lockwood and the City of San Bernardino for Legal Services in the Case of Lee Wayne Jones et al. v. City of San Bernardino, et al., United States District Court Case No. ED CV-08-00187 VAP. (See Attached) MOTION: That said resolution 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 Edward Hsu and the City of San Bernardino 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. 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Liebert, Cassidy, Whitmore and the City of San Bernardino in the case of Steve Lowes v. Michael Billdt, et al., United States District Court Case No. EDCV 09-2215 VAP (OPx). (See Attached) 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 Liebert, Cassidy, Whitmore and the City of San Bernardino in the case of Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. San Bernardino Superior Court Case No. CIVSS 708367. (See Attached) MOTION: That said resolution be adopted. City Manager 12. Set budget hearing dates for FY 2010/11 budget. (See Attached) MOTION: That the Mayor and Common Council set the following budget hearing dates at 5:00pm in the Economic Development Agency Boardroom to review the Fiscal Year 2010/2011 City and Economic Development Agency Budgets: Tuesday, June 15, 2010; Wednesday, June 16, 2010; Wednesday, June 23, 2010; Wednesday, June 30, 2010. Development Services 13. Resolution of the City of San Bernardino approving an Agreement for Services with MCO Document Imaging Solutions for the provision of document imaging services. (See Attached) (Cost to the City - $57,000 from Professional/Contractual Services) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 14. Authorization to proceed – sale of a portion of City property generally located on the north side of Kendall Drive, east of “H” Street, and (2) resolutions declaring property surplus, establishing fair market value and setting a public hearing. (See Attached) (No Cost to the City) Ward 4 A. Resolution of the City of San Bernardino establishing a fair market value and sales price of $10,800 for a portion of certain City owned property and declaring the intention of the City to sell the property generally located north of Kendall Drive and east of "H” Street, to Geoff Wood, and setting a public hearing for June 21, 2010, at 4:00 p.m. to consider said sale. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino establishing a fair market value and sales price of $8,500 for a portion of certain City owned property and declaring the intention of the City to sell the property generally located north of Kendall Drive and east of "H” Street, to the Lyndon Allen Farrar Trust, U.A.D. 10-5-90 (Castaways Restaurant), and setting a public hearing for June 21, 2010, at 4:00 p.m. to consider said sale. (Resolution not available at time of printing.) MOTION: That the Director of Development Services be authorized to process with the sale of City property generally located on the north side of Kendall Drive, east of “H” Street; and that said resolutions A and B, be adopted. Facilities Management 15. 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 to Commercial Roofing Systems, Inc. for the roof replacement at the Police Department Annex "B”. (See Attached) (Cost to the City - $88,516 from Account No. 001-325-5507) (Resolution not available at time of printing.) Ward 1 MOTION: That the bid from ADCO Roofing, Inc. be found non-responsive because the wrong bid schedule was used; and that said resolution be adopted. Human Resources 16A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a one-year extension of the term of the Agreement with the Counseling Team International. (See Attached) (Cost to the City - $42,750 from Professional Contract Services) All Wards MOTION: That said resolution be adopted. 16B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Consultant Services Agreement between Atkinson, Andelson, Loya, Ruud and Romo and the City of San Bernardino for labor negotiator services in the Human Resources Department. (See Attached) (Cost to the City – Not to exceed $30,000) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 17. Item deleted. Information Technology 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order with two one-year renewal options to Harris Computer Systems for maintenance of the City's financial system. (See Attached) (Cost to the City - $46,897.20 from Account No. 679-250-5172-0000-0058) All Wards MOTION: That said resolution be adopted. Parks, Recreation and Community Services 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a contract with the County of San Bernardino Department of Aging and Adult Services (DAAS), accepting the proposal amount of $176,960 for the period of July 1, 2010 through June 30, 2011 for the Senior Nutrition Program. (See Attached) (No Cost to the City – $179,960 from Grant Funds and $68,229 City In-Kind) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Police 20. Resolution of the City of San Bernardino authorizing a Service Agreement with TRL Systems of Ontario, California, for a surveillance camera system upgrade at the San Bernardino Police Department’s headquarters. (See Attached) (No Cost to the City - $134,021 from COPS 2007 Technology Grant) Ward 1 MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2010-2011 Justice Assistance Grant (JAG) funds and execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino. (See Attached) (Cost to the City - $310,580: $215,264 from BJA Justice Assistance Grant and $95,316 from the General Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Public Services 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and increase to annual Purchase Order Number 210404 by $20,000 to San Bernardino Paint for additional paint products and materials. (See Attached) (Cost to the City - $20,000 from Materials and Supplies) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 23. 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 to Fairview Ford of San Bernardino in the amount of $78,412.68 pursuant to section 3.04.010-B3 of the Municipal Code for the purchase of one (1) 2011 F-450 reserve Paramedic Squad Vehicle, to be utilized by the Fire Department. (See Attached) (Cost to the City - $78,412.68 from Emergency Operations Motor Vehicles) (Resolution not available at time of printing.) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2009/10 Budget by appropriating $32,600 from the Fire Development Impact Fee funds to Account No. 262-482-5701, in accordance with the staff report from Randy Kuettle, Acting Director of Public Services, dated May 6, 2010; and that said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting of April 27, 2010 – Committee Members Present: Kelley, McCammack, Desjardins Police 24. Resolution of the City of San Bernardino ratifying the submittal of the FY 2009-10 State Homeland Security Grant-Law Jurisdictions Proposed Project to the San Bernardino County Office of Emergency Services and authorizing the obligation and expenditure of those grant funds for an Information Sharing-Mobile Communications Enhancement project. (See Attached) (No Cost to the City – $65,771 from FY 2009-10 State Homeland Security-Law Jurisdiction Grant) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Ad Hoc Committee meeting of May 11, 2010 – Committee Members Present: Kelley, Desjardins Parks, Recreation and Community Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of Renewal Local Incentive Award Grant application for a Network for Healthy California (NETWORK) grant in the amount of $98,495 for a one-year period - October 1, 2010 through September 30, 2011. (See Attached) (No Cost to the City – $98,495 from Grant Funds and $208,535 City In-Kind) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Clerk 26. Appeal Hearing - Denial of Fireworks stand application submitted by Inland Empire Chorus/Sweet Adelines. (See Attached) Mayor to open the hearing… MOTION 1: That the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks stand application submitted by Inland Empire Chorus/Sweet Adelines. (Item Continued on Next Page) 26. Continued. OR MOTION 2: That the hearing be closed; and that the Mayor and Common Council grant the appeal and allow the fireworks stand application to be submitted by Inland Empire Chorus/Sweet Adelines. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM MAY 3, 2010 Fire Department 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into a new standard agreement with the Department of Mental Health-Patton State Hospital. (See Resolution Attached) (No Cost to the City) (Backup distributed on May 3, 2010, Item No. 14.) All Wards MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS Human Resources 28. 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). FIRST READING (See Attached) (No Cost to the City) All Wards MOTION: That said ordinance be laid over for final adoption; and that staff be directed to make any additional corresponding changes to the City of San Bernardino Municipal Code. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM MAY 3, 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) (See New Request for Council Action and Staff Report Attached) (Backup distributed on April 19, 2010, Item No. R36; item continued to May 3, 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. FIRST READING B. Resolution of the Mayor and Common Council of the City of San Bernardino electing the statutory pass-through pursuant to Health and Safety Code Section 33607.5(b) for the Meadowbrook/Central City Redevelopment Project. (Resolution not available at time of printing.) 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. FIRST READING D. Resolution of the Mayor and Common Council of the City of San Bernardino electing the statutory pass-through pursuant to Health and Safety Code Section 33607.5(b) for the Central City East Redevelopment Project Area. (Resolution not available at time of printing.) 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. FIRST READING F. Resolution of the Mayor and Common Council of the City of San Bernardino electing the statutory pass-through pursuant to Health and Safety Code Section 33607.5(b) for the Central City South Redevelopment Project Area. (Resolution not available at time of printing.) (Item Continued on Next Page) R29. Continued. MOTION: That said ordinances A, C, and E be laid over for final adoption; and that said resolutions B, D, and F be adopted. Recommended for approval at the Redevelopment Committee meeting on April 8, 2010 – Committee Members Present: Johnson, Brinker, Shorett (alternate) R30. Vanir Construction Management, Inc. – Professional Services Agreement to complete the Seismic and Building Addition Integration, Preliminary Estimate and Functional Study at the California Theatre of the Performing Arts. (See Attached) Ward 1 (Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and consenting to the funding of a Professional Services Agreement by and between the Redevelopment Agency of the City of San Bernardino and Vanir Construction Management, Inc., for the Seismic and Building Addition Integration, Preliminary Estimate and Functional Study Project at the California Theatre of the Performing Arts (“California Theatre”) and making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the State College Redevelopment Project Area for undertaking of the preliminary estimate and functional study of the California Theatre, future building addition proposals and the existing buildings located on the block bounded by 4th, 5th, “E” and “F” Streets (Central City North 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 Professional Services Agreement by and between the Agency and Vanir Construction Management, Inc. for the seismic and building addition integration, preliminary estimate and functional study project at the California Theatre of the Performing Arts (Central City North Redevelopment Project Area). MOTION: That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on April 22, 2010 – Committee Members Present: Johnson, Brinker, Marquez R31. Phillips Construction, Inc. – Public Works Construction Contract for the Americans with Disabilities Act (“ADA”) Ramps and Sidewalks Project at various locations Citywide – Phase 1 (See Attached) All Wards (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 Public Works Construction Contract by and between the Agency and Phillips Construction, Inc. for the construction of Americans with Disabilities Act Ramps and Sidewalks Project at various locations Citywide – Phase 1 (IVDA Redevelopment Project Area). MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on April 22, 2010 – Committee Members Present: Johnson, Brinker, Marquez R32. 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) (See Attached) 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). (Item Continued on Next Page) R32. Continued. 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 February 18, 2010 – Committee Members Present: Johnson, Baxter, Brinker R33. San Bernardino Auto Center Association – Development Financing and Participation Agreement and an Assignment of Deposit to develop and construct a free standing electronic reader board sign at the San Bernardino Auto Center (Southeast Industrial Park Redevelopment Project Area) (See Attached) Ward 3 (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 Development Financing and Participation Agreement by and between the San Bernardino Auto Center Association and the Agency and approve an Assignment of Deposit for a certain reader board sign (Southeast Industrial Park Redevelopment Project Area). MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION Council Office 34. 2010-2011 Budget Revenue Strategies MOTION: Discuss and take possible action concerning revenue enhancement options. 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 to 5 p.m., on Tuesday, May 25, 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 7, 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.