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HomeMy WebLinkAbout01-10-2011 Reg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 10, 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 7-10.) 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): Emilio S. Flores, et al. v. City of Highland, et al. - San Bernardino County Superior Court, Case No. CIVSS 700464; Matthew Sharkey et al. v. Public Safety Academy et al. - San Bernardino County Superior Court, Case No. CIVDS 1015386; Paul Triplett v. City of San Bernardino, et al. - United States District Court, Case No. 2; 08-CV-07257 JHN (AJWx); Gomez v. So Cal Regional Rail Authority - San Bernardino County Superior Court, Case No. CIVSS 804560; Brian Boom and the San Bernardino Police Management Association v. City of San Bernardino and Keith Kilmer - San Bernardino County Superior Court, Case No. CIVDS 1017219. 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) C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9: People v. Carrington People v. First American Title Co. 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. A. Lloyd Roberts – Civil Service Board – Mayor Morris (See Attached) MOTION: That the appointment of Lloyd Roberts to the Civil Service Board, as requested by Mayor Morris, 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 11 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. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 4, 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 January 6, 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. Community Development/Code Enforcement Laid Over from December 20, 2010 8. An ordinance of the Mayor and Common Council of the City of San Bernardino, California amending Chapter 8.14 of the San Bernardino Municipal Code regarding Yard Sales. FINAL READING (No Cost to the City) (Backup materials distributed on December 20, 2010, Item No. 23.) All Wards MOTION: That said ordinance be adopted. Human Resources 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a second amendment to the Professional Services Agreement between the City of San Bernardino and Bruce Dunams. (See Attached) [Cost to the City - $16,300 (Not to exceed $57,000)] All Wards MOTION: That said resolution be adopted. Public Works 10. Resolution of the City of San Bernardino amending Resolution No. 8234 entitled, in part, “A resolution… establishing parking time limitations upon certain designated streets, alleys, or portions thereof…” to establish a two-hour parking time limitation on Third Street between Metrolink Way and K Street. (See Attached) (Cost to the City - $1,500 from Street Maintenance) Ward 1 MOTION: That said resolution be adopted. 11. 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 $35,000 with four one-year extensions at the City’s option to Republic Intelligent Transportation Services, Inc. (Republic ITS) for preventative maintenance services for signalized intersections. (See Attached) (Cost to the City - $35,000 FY 2010/11 from Professional/Contractual Services) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Human Resources Discussed at the Personnel Committee meeting on January 4, 2011 – Committee Members Present: McCammack, Shorett 12. Authorize the modification of job descriptions (See Attached) (No Cost to the City) All Wards MOTION: That the Human Resources Department be authorized to update the job descriptions as shown in the staff report from Linn Livingston, Director of Human Resources, dated December 27, 2010. END OF COMMITTEE CONSENT PUBLIC HEARINGS Water To be heard at 4:00 p.m. 13. Public Hearing – Review Sewer Treatment Rate Study 2010 (See Attached) (No Cost to the City) All Wards Resolution of the City of San Bernardino fixing and establishing charges for services and facilities furnished by the City sewerage collection and treatment system located within and outside the incorporated territory of the City, and repealing Resolution 2008-434. (Resolution not available at time of printing.) Mayor to open the hearing… MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS Police Continued from September 20, 2010 14. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the establishment of a City-owned vehicle impound facility to be operated and maintained by the City of San Bernardino Police Department and revising tow carrier franchise fees for tow service carriers. (Backup distributed on August 16, 2010, Item No. 31; item continued to August 23, 2010, Item No. 2; item continued to September 20, 2010, Item No. 31.) (Resolution not available at time of printing.) All Wards (Item Continued On Next Page) 14. Continued. MOTION: That the matter be continued to March 21, 2011. Public Works Continued from December 6, 2010 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement for Professional Transportation Modeling Services with Srinivasa S. Bhat. (See New Backup Attached) (Cost to the City - $50,000 to be reimbursed by Agencies and Developers) (Backup distributed on October 18, 2010, Item No. 25; item continued to November 1, 2010, Item No. 30; item continued to November 15, 2010, Item No. 27; item continued to December 6, 2010, Item No. 20.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Manager 16. City of San Bernardino Strategic Communications Plan (See Attached) MOTION: That the City of San Bernardino Strategic Communications Plan be approved; and that the City Manager be directed to implement the plan. 17. Item deleted. 18. Item deleted. 19. Item deleted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION R20. Joint Public Hearing - Pine Mountain Development, LLC - Lease Agreement for a Temporary Bus Transfer Facility (Carousel Mall) (Staff Report not available at time of printing.) Ward 1 (Item Continued on Next Page) R20. Continued. (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the sub-lease of portions of the JC Penney Tire, Battery and Automotive Center (“TBA”) acquired with Tax Increment Funds and thereafter authorizing the Police Chief/City Manager to execute a Sub-Lease Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino Police Department for use of a portion of the TBA for a Police Substation (Central City Redevelopment Project Area). (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino approving and consenting to the Lease of the former JC Penney Tire, Battery and Automotive Center (“TBA”) and the funding of its conversion to a temporary bus transfer facility located on 4th Street between “F” and “G” Streets and making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the Southeast Industrial Project Area (Central City North Redevelopment Project Area). (Resolution not available at time of printing.) (Community Development Commission) C. 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 enter into a Master Lease Agreement by and between the Agency and Pine Mountain Development, LLC, for the former JC Penney Tire, Battery and Automotive Center (“TBA”) for its conversion into a temporary bus transfer facility located on 4th Street between “F” and “G” Streets (Central City North Redevelopment Project Area) and for sub-leases of the converted facility with the City of San Bernardino Police Department and Omnitrans. (Resolution not available at time of printing.) MOTION:  That the matter be continued to January 24, 2011. R21. Cal Fire – Urban Forestry Green Trees for the Golden State Grant Application and Program (Propositions 40 and 84) (See Attached) Ward 1 (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving the form of and authorizing the submittal of the Application for Grant Funds from the Cal Fire - Urban Forestry Grant Program entitled, “Green Trees for the Golden State” as provided through Propositions 40 and 84. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on December 9, 2010 - Committee Members Present: Johnson, Brinker, Marquez R22. North Arden Guthrie Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and among the Redevelopment Agency of the City of San Bernardino, Home Depot U.S.A., Inc. and Mark Development, Inc. (IVDA Redevelopment Project Area) (See Attached) Ward 7 (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 The North Arden Guthrie Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and among the Agency, Home Depot U.S.A., Inc. and Mark Development, Inc. (IVDA Redevelopment Project Area). MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on December 9, 2010 – Committee Members Present: Johnson, Brinker, Marquez R23. Third Amendment to the 2003 Disposition and Development Agreement between J.R. Watson and Associates Development Corporation and the Redevelopment Agency of the City of San Bernardino (See Attached) Ward 5 (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 Third Amendment to the 2003 Disposition and Development Agreement by and between the Agency and J.R. Watson and Associates Development Corporation (“Developer”) (State College Redevelopment Project Area). (Item Continued On Next Page) R23. Continued. MOTION: That said resolution be adopted. R24. Regal Entertainment Cinema Project – Update and presentation by Interim Executive Director (See Attached) Ward 1 MOTION: That the Community Development Commission receive and file the materials provided by the Interim Executive Director of the Redevelopment Agency relative to the update on the Regal Entertainment Cinema Project. END OF COMMUNITY DEVELOPMENT COMMISSION City Attorney 25. Presentation on the Brown Act by Senior Assistant City Attorney Diane Roth (See Attached) MOTION: That said presentation be received and filed. 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 Tuesday, January 18, 2011 at 5:30 p.m. in the Economic Development Agency Boardroom for an Administrative Civil Penalties and Administrative Citations Workshop. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, January 24, 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.