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HomeMy WebLinkAbout07-05-2011 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TUESDAY, JULY 5, 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 9-10.) 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): American Insurance Company, an Oklahoma corporation vs. City of San Bernardino – San Bernardino County Superior Court, Case No. CIVDS 1015159; Willie Mason, Sr. v. City of San Bernardino, et al. – United States District Court, Case No. EDCV 10-00504 VAP (Opx); William Schneid v. City of San Bernardino, et al. – San Bernardino Superior Court, Case No. CIVDS 1009217; Arnold Herrera v. City of San Bernardino, Officers Kim Hernandez, Devon Reid, Jesus Vega, and Sergeants Travis Walker and Robert Young – United States District Court, Case No. ED-CV-11-00204 VAP (OPx). 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: American Traffic Solutions v. City C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9. 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. Reappointments. A. Jessica Hurst – Board of Library Trustees – Mayor Morris (See Attached) B. Thomas G. Rennard – Board of Library Trustees – Mayor Morris (See Attached) C. Marion Vassilakos – Board of Library Trustees – Mayor Morris (See Attached) MOTION: That the reappointments of Jessica Hurst, Thomas G. Rennard, and Marion Vassilakos, 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 17 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 July 5, 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: June 16, 2010 (Distributed 06/29/11) June 17, 2010 (Distributed 06/29/11) May 2, 2011 (revised) (Distributed 06/27/11) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 29, 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 June 30, 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 Treasurer 9. Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the Annual Statement of Investment Policy for the period July 1, 2011 through June 30, 2012. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Community Development Laid over from June 20, 2011 10. An Ordinance of the City of San Bernardino amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code), Commercial Districts, to permit movie theaters of four or more screens subject to a Conditional Use Permit in the Downtown Main Street Overlay District. (See Ordinance and New Backup Attached) FINAL READING (No Cost the City) (Backup materials distributed on May 2, 2011, Item No. 19; Item continued to May 16, 2011, Item No. 23; item continued to June 20, 2011, Item No. 31.) All Wards MOTION: That said ordinance be adopted. Laid over from June 20, 2011 11. An ordinance of the City of San Bernardino amending Section 19.22.080 (7) of the San Bernardino Municipal Code (Development Code) to revise the application procedure for off-site electronic message center signage in redevelopment project areas. FINAL READING (See Ordinance and New Backup Attached) (No Cost to the City) (Backup materials distributed on June 20, 2011, Item No. 33) All Wards MOTION: That said ordinance be adopted. Laid over from June 20, 2011 12. An ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts), Section 19.06.030 (2)(T)(1) of the San Bernardino Municipal Code (Development Code) related to service station standards. FINAL READING (See Ordinance and New Backup Attached) (No Cost to the City) (Backup materials distributed on June 20, 2011, Item No. 36.) All Wards MOTION: That said ordinance be adopted. Laid over from June 20, 2011 13. An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.06.030(2)(B) regarding alcoholic beverage sales activities. FINAL READING (See Ordinance and New Backup Attached) (No Cost to the City) (Backup materials distributed on June 20, 2011, Item No. 37.) All Wards MOTION: That said ordinance be adopted. Laid over from June 20, 2011 14. An ordinance of the City of San Bernardino amending the San Bernardino Municipal Code (Development Code) by modifying definitions in Section 19.02.050 and parking standards in Section 19.24.040 and adding Chapter 19.63 to establish a procedure for requesting reasonable accommodation for individuals with disabilities. FINAL READING (See Ordinance and New Backup Attached) (No Cost to the City) (Backup materials distributed on June 20, 2011, Item No. 39.) All Wards MOTION: That said ordinance be adopted. Human Resources Laid over from June 20, 2011 15. Ordinance of the City of San Bernardino amending Section 2.15.020 (Community Development) and repealing Chapter 2.78 (Code Compliance) of the San Bernardino Municipal Code. FINAL READING (See Ordinance and New Backup Attached) (No Cost to the City) (Backup materials distributed on June 20, 2011, Item No. 51.) MOTION: That said ordinance be adopted. Information Technology 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the extension of Amendment No. 1 to the agreement with Tiburon Inc. of Pleasanton, California, approved by Resolution No. 2009-189. (See Attached) (Cost to the City - $82,487 from Maintenance Contracts) All Wards MOTION: That said resolution be adopted. Public Works 17. Resolution of the City of San Bernardino approving agreement with AKM Consulting Engineers to provide professional engineering services for preparation of a Comprehensive Sewer Master Plan (SW10-014). (See Attached) (Cost to the City - $577,644 from Sewer Master Plan) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR PUBLIC HEARINGS Community Development To be heard at 4:00 p.m. 18. Public Hearing – Establishing the schedule of fees for the Crime Free Rental Housing Program (See Attached) (No Cost to the City) All Wards Resolution of the Mayor and Common Council of the City of San Bernardino establishing the schedule of fees for the Crime Free Rental Housing Program. (Resolution not available at time of printing.) Mayor to open the hearing… MOTION: That the matter be continued to July 18, 2011. END OF PUBLIC HEARINGS CONTINUED ITEMS City Manager Continued from June 20, 2011 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. (No Cost to the City) (Backup distributed on May 16, 2011, Item No. 9; item continued to June 6, 2011, Item No. 35; item continued to June 20, 2011, Item No. 40.) All Wards MOTION: That said resolution be adopted. Fire Continued from June 20, 2011 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2011 through June 30, 2016. (No Cost to the City - $487,000 Revenue) (Backup distributed on June 6, 2011, Item No. 13; item continued to June 20, Item No. 41.) All Wards MOTION: That the matter be continued to July 18, 2011. END OF CONTINUED ITEMS STAFF REPORTS Human Resources 21. An ordinance of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the contract between the Mayor and Common Council of the City of San Bernardino and the Board of Administration of the California Public Employees’ Retirement System. (See Attached) FIRST READING (No Cost to the City) All Wards MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for final approval at the Redevelopment Committee meeting on May 19, 2011 – Committee Members Present: Johnson, Marquez To be heard at 4:30 p.m. Continued from June 20, 2011 R22. Joint Public Hearing – Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and In-N-Out Burgers, Inc., a California corporation – Southeast corner of 5th and H Streets (Central City North Redevelopment Project Area) (No backup materials distributed on June 20, 2011, Item No. R50.) (Staff Report not available at time of printing.) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to a Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and In-N-Out Burgers, Inc., a California corporation – Southeast corner of 5th and H 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 Disposition and Development Agreement by and between the Agency and In-N-Out Burgers, Inc., a California corporation – Southeast corner of 5th and H Streets (Central City North Redevelopment Project Area). (Resolution not available at time of printing.) The hearing remains open… MOTION: That the matter be continued to July 18, 2011. Recommended for approval at the Redevelopment Committee meeting on June 9, 2011 – Committee Members Present: Johnson, Brinker, Marquez R23. Homebuyer Assistance Program Report for the Quarter ending March 31, 2011 (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the Quarterly Report of the Homebuyer Assistance Program activities for the quarter ending March 31, 2011 for the Redevelopment Agency of the City of San Bernardino. Recommended for approval at the Redevelopment Committee meeting on June 9, 2011 – Committee Members Present: Johnson, Brinker, Marquez R24. 5th Street and Meridian Avenue Project (“Project”) Update of Project Activities (See Attached) Ward 6 MOTION: That the Community Development Commission of the City of San Bernardino receive and file the annual update of project activities of the 5th Street and Meridian Avenue Project for the Redevelopment Agency of the City of San Bernardino. R25. 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 Joseph E. Bonadiman and Associates, Inc. (“Consultant”) for professional design and engineering services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area) (See Attached) Wards 5 & 6 MOTION: That said resolution be adopted. R26. 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 Allwest Development Company, Inc. (“Consultant”) for construction management services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area). (See Attached) Wards 5 & 6 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION Public Works 27. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the Fiscal Year 2011/2010 through 2015/2016 Capital Improvement Program. (See Attached) (No Cost to the City) All Wards MOTION 1: That said resolution be adopted with Exhibit A. MOTION 2: That said resolution be adopted with Exhibit B. MOTION: That said resolution be adopted with Exhibit C. 28. 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.) 29. 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, July 18, 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.