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HomeMy WebLinkAbout11-07-2011 Reg Mtg Agenda • CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL MONDAY, NOVEMBER 7, 2011 - 1:30 PM COUNCIL CHAMBERS • 300 NORTH I'D"STREET • SAN]BERNARDIN©9 CA 92415 • WWW.SBCIT'Y.ORG Virginia Marquez Patrick J. Morris Wendy McCammack l'{)UNt'II.MEMBER, k-N"ARI)1 MAYOR CC')UNC1I ME,111,'R,WAR D Robert D.Jenkins Charles McNeely C",OI:NCTI_.MEMBER, ARI)2 � � CTTY-X1 kN NG'ER Tobin Brinker James F. Penman (''OJ? C;IL, AIL'I.I3I R. '.::12I3 CI'T`Y AT I"OI�'N ., Fred Shorett ° Rachel G. Clark, CIVIC C.OU'\CII..,TNII.NTBJ,Rt N-V,:RI3 4 C1ry '�.1'I'h Chas Kelley °�q,. " David Kennedy COL:NCIL MEMBER,WA ZD 5 � (Try I ItI �L.ItER Rikke Van Johnson Toy L N.c.Ia,IN 1 10I>d,.R, Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. • 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. • All documents for public review are on file with the City Clerk's Office located on the 2nd floor of City Hall,300 North "D"Street,San Bernardino or maybe accessed online by going to http://Www.sbcity.org. • Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip.Speaker slips should be turned in to staffseated on the north side of the Council chambers. • Public comments for agenda items that are not public hearings will be limited to three minutes. • Public comments for items that are not on the agenda will be limited to 3 minutes. • All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. • Please turn off or mute your cell phone while the meeting is in session. L��� - - - - I Regular Meeting Agenda November 7, 2011 CALL TO ORDER 1:30 PM Meeting called to order on November 7, 2011 at Council Chambers, 300 North "D" Street, San Bernardino, CA. Attendee Name Present Absent Late Arrival Mayor Patrick J. Morris El El _❑ Council Member, Ward 1 ......... — -- -- Council Member, Ward 2 Robert D Jenkins ❑ ❑ ❑ - . --_ _ . -- _. __. ... Council Member, Ward 3 Tobin Brinker ❑ ❑ ❑ _- _ _-_ ___- ..... - ... . - - Council Member, Ward 4 Fred Shorett ❑ ❑ . ❑ Council Member, Ward 5 Chas A. Kelley ❑ ❑ ❑ __—--- _ ...........11--__.- --- ---- — ---- _ - Council Member, Ward 6 Rikke Van Johnson ❑ ❑ ❑ _._ _.-_ __...._ ... ___ ....._ ...._._...__ . ............. .. .__....... Council Member, Ward 7 Wendy J. McCammack ❑ ❑ ❑ City Attorney James F. Penman ❑ ❑— ❑ City Clerk Rachel G. Clark ❑ _ ❑ ❑ City Manager Charles McNeely ❑ ❑ ❑ 1. CLOSED SESSION 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. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation- pursuant to Government Code Section 54956.9(a). 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: Kendall Plaza 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: Fire Safety 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. Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/3/2011 Regular Meeting Agenda November 7, 2011 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 2. APPOINTMENTS A. Mayor's Office Commission Appointment of Dena M. Peters to the Mobile Home Board (Neutral Representative) [Ward(s): All] Motion: Approve appointment of Dena M. Peters to the Mobile Home Board (Neutral Representative), as requested by Mayor Morris. 3. PRESENTATIONS A. Third Quarter Employee Recognition Award B. SB Direct Update C. Certificate of Commendation - Dr. Aaron Moffett, Associate Professor of Kinesiology at CSUSB - Council Member Kelley D. Certificate of Commendation - 60+ Year Business Owner in the Community - Council Member McCammack E. Visiting Nurses Association Month 4. ANNOUNCEMENTS A. Announcements by Elected Officials and City Manager 5. CONSENT CALENDAR A. City Clerk Waive Full Reading of Resolutions and Ordinances [Ward(s): All] Motion: That full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council dated November 7, 2011, be waived. Mayor and Common Council of the City ofSan Bernardino Page 3 Printed 11/3/2011 Regular Meeting Agenda November 7, 2011 B. City Attorney 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 E.M.W., a Minor, Et Al. V. City of San Bernardino, Et Al., San Bernardino Superior Court Case No. CIVDS 1110870. [Ward(s): All] Motion: That said resolution be adopted. C. City Attorney 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 Jose Munoz V. City of San Bernardino, Et Al., San Bernardino Superior Court Case No. Civds 1110863. [Ward(s): All] Motion: That said resolution be adopted. D. City Attorney 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 Rovinksi Renter V. City of San Bernardino, Et Al., United States District Court Case No. Cv 11-07222 Gaf(Cwx). [Ward(s): All] Motion: That said resolution be adopted. E. City Clerk Council Minutes [Ward(s): All] 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: July 21, 2011 (Distributed November 2, 2011) August 1, 2011 (Distributed November 1, 2011) August 15, 2011 (Distributed November 2, 2011) September 6, 2011 (Distributed November 2, 2011) F. Civil Service Personnel Actions - Classified [Ward(s): All] Motion: That the classified personnel actions, as submitted by the Chief Examiner, 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. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/3/2011 Regular Meeting Agenda November 7, 2011 G. Community Development Ordinance of the City of San Bernardino Amending Section 19.06.025 "Prohibited Uses" of the Municipal Code (Development Code) to Permit Single-Price Overstock/Discount Stores, Self-Service Laundry Facilities and Party Supply Stores Meeting Minimum Floor Area Standards in Commercial Land Use Districts Subject to a Conditional Use Permit. [Ward(s): All] Motion: That said ordinance be adopted. H. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement by and Among Omnitrans, the San Bernardino Associated Governments, the City of San Bernardino, and the San Bernardino Economic Development Corporation Regarding the Planning, Design, Construction, Operation, and Maintenance of the San Bernardino Transit Center. [Ward(s): 11 Motion: That said resolution be adopted. I. Finance Approval of Commercial Checks and Payroll Checks [Ward(s):] Motion: That the claims and payroll and the authorization to issue warrants as listed be approved. J. Human Resources Establishment of Salaries for Fire Department Ranges P-1, P-2, P-3 and P-4, Effective August 1, 2011. [Ward(s): All] Motionl: That salaries for Fire Department Ranges P-1 (Firefighter), P-2 (Paramedic), P-3 (Fire Engineer) and P-4 (Fire Investigator/Captain) be established, effective August 1, 2011; and Motion 2: That the Director of Human Resources be authorized to amend Resolution No. 6429 to reflect the above action; and Motion 3: That the Director of Finance be authorized to amend the FY 2011-12 budget. Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/3/2011 Regular Meeting Agenda November 7, 2011 K. Human Resources Establishment of Salaries for Fire Department Ranges P-5, P-6 and P-7, Effective August 1, 2011. [Ward(s): All] Motion 1: That the salaries for Fire Department Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be established, effective August 1, 2011; and Motion 2: That the Director of Human Resources be authorized to amend Resolution No. 6429 to reflect the above action; and Motion 3: That the Director of Finance be authorized to amend the FY 2011-12 budget. L. Human Resources Personnel Actions - Unclassified [Ward(s): All] Motion: That the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City, Community Development Commission and Economic Development Agency policies and procedures, be approved and ratified. M. Human Resources Resolution Authorizing the Execution of Amendment No. 2 to the 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. [Ward(s): All] Motion: That said resolution be adopted. N. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Issue a Change Order to Increase Purchase Order No. 301791 by $29,572 to $164,872 to RHA Landscape Architects-Planners, Inc., for the Expanded Design and Engineering of the Nunez Park/Ruben Campos Community Center Outdoor Pavilion Per Capital Improvement Project Pr04-38. [Ward(s): 11 Motion: That said resolution be adopted. O. Police Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Application For, and Authorizing the Police Department to Accept and Implement, If Awarded, a Driving Under the Influence (DUI) Mini Grant from the State of California Office of Traffic Safety in the Amount of$89,568.02. [Ward(s): All] Motion: That said resolution be adopted. Mayor and Common Council of the City of San Bernardino Page 6 Printed 1113/2011 Regular Meeting Agenda November 7, 2011 P. Public Works Authorization to Proceed and Approval of Plan No. 12831 — Proposed vacation of an east-west alley south of Adell Street, between "I" Street and the I-215 Freeway. [Ward(s): 31 Motion 1: That the Public Works Director and the City Clerk be authorized to proceed with the proposed vacation of an east-west alley south of Adell Street, between "I" Street and the 1-215 Freeway; and Motion 2: That Plan No. 12831 showing the proposed vacation of an east-west alley south of Adell Street, between "I" Street and the 1-215 Freeway, be approved. Q. Public Works Resolution of the City of San Bernardino Adopting the Five-Year Capital Improvement Program (2011-2016) for Measure "I" Local Expenditures [Ward(s): All] Motion 1: That the Director of Finance be authorized to amend the FY 2011/2012 Budget reducing the funding amount allocated from Fund 129 (Measure I) for Street and Street Light Maintenance from $1,350,000 to $805,000 and to allocate an additional $545,000 toward Street and Street Light Maintenance from the unallocated balance of Fund 126 (Highway Users Tax Account) for a total amount of$4,165,000; and Motion 2: That said resolution be adopted with Exhibits A and B; and Motion 3: That said resolution be adopted with Exhibit C (Councilmember Brinker abstains). R. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 7 to Services Agreement with ICF Jones & Stokes for Provision of Professional Environmental Services for the Design of the Mt. Vernon Ave. Viaduct Over the BNSF Railroad. [Ward(s): 1 & 31 Motion: That said resolution be adopted. S. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Grant of Easement to Southern California Edison Company Across City Owned Property Relative to Electrical Service for the Verdemont Community Center Located at Al Guhin Park. [Ward(s): 51 Motion: That said resolution be adopted. Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/3/2011 Regular Meeting Agenda November 7, 2011 T. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute and Administer a Contract with Southern California Edison Concerning the Use of Funds from the Flight 5.6 Strategic Plan: Local Government Strategies. [Ward(s): All] Motion: That said resolution be adopted. U. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual Purchase Order with One-Year Extension at the City's Option to Willdan to Execute and Administer the Contract with Southern California Edison Concerning the Use of Funds from the Flight 5.6 Strategic Plan: Local Government Strategies. [Ward(s): All] Motion: That said resolution be adopted. V. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Cal Stripe, Inc., for Annual City-Wide Maintenance Services Contract for Traffic Striping and Pavement Marking (2011-2012), Special Provisions No. 11329. [Ward(s): All] Motion: That said resolution be adopted. 6. PUBLIC HEARINGS: TO BE HEARD AT 4:00 P.M. A. Human Resources Impasse Hearing - San Bernardino Fire Safety Employee Negotiations [Ward(s): All] Mayor to open the hearing... Motion: That the hearing be closed; and City's Last, Best, and Final dated September 26, 2011, be unilaterally implemented on the Fire Safety Employees in accordance with Resolution No. 10584. 7. STAFF REPORTS A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposal for Municipal Code Codification Services. [Ward(s): All] Motion: That said resolution be adopted. Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/3/2011 Regular Meeting Agenda November 7, 2011 B. Community Development Approval and Implementation of a General Plan Meeting Outreach Program by the Community Development Department. [Ward(s): All] Motion: That the General Plan meeting outreach program be approved and the City Manager be directed to implement the program. C. Council Office Campaign Contribution Limits [Ward(s): All] Motion: That the matter be discussed and referred to the Legislative Review Committee to prepare a charter amendment that would establish campaign contribution limits from individuals, political action committees, and businesses to all candidates for City elected offices, expenditure limits for all such candidates, and disclosure requirements for independent expenditure committees. D. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Enter into an MOU with the South Coast Air Quality Management District, SCAQMD,to Support the Clean Community Plan. [Ward(s): All] Motion: That said resolution be adopted. 8. 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.) 9. ADJOURNMENT NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 21, 2011, in the Council Chambers of City Hall, 300 North"D" Street, San Bernardino, California. Mayor and Common Council of the City of San Bernardino Page 9 Printed 11/3/2011 Regular Meeting Agenda November 7, 2011 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council 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 concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council, 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. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council. 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 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. 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. Mayor and Common Council of the City of San Bernardino Page 10 Printed 11/3/2011