HomeMy WebLinkAbout05-02-2011 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
MONDAY, MAY 2, 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 9-11.)
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 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).
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 Monique Castaneda & Mary Guisa
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:
1. Property Address: APN: 0142-522-10
2669 West 5th Street, San Bernardino, CA 92410
Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as agent for the San Bernardino City Housing Authority
Under Negotiation: Lease terms and conditions.
2. Property Address: APN: 0142-522-26
2618 West 5th Street, San Bernardino, CA 92410
Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as agent for the San Bernardino City Housing Authority
Under Negotiation: Lease terms and conditions.
3. Property Address: APN: 0134-054-07, 08, & 09
746 West 5th Street, San Bernardino, CA
APN: 0134-053-20, 21, 22, 23, 25 & 26
Spruce Street vacant parcels, San Bernardino, CA
Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as agent for the San Bernardino Economic Development Corporation
Under Negotiation: Lease terms and conditions.
Central City North Redevelopment Project Area
4. Property Address: Agency-owned former CinemaStar Theater
4th and “E” Streets, San Bernardino
Negotiating Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency, and John Roper on behalf of Regal/Edwards Entertainment Company
Under Negotiation: Lease rate, terms and conditions.
END OF CLOSED SESSION
RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Dennis Reichardt – Civil Service Board – Mayor Morris (Document not available at time of printing.)
MOTION: That the reappointment of Dennis Reichardt 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 12 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 May 2, 2011, be waived.
6. Item deleted.
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated April 26, 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 April 28, 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.
Council Office
9. Public Pension Reform (See Attached)
MOTION: That staff be directed to make a presentation for the Mayor and Common Council on public pension reform within 60 days.
Parks, Recreation & Community Services
10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Use of Facilities Agreement between the City of San Bernardino
and the Coast Soccer League for use of the San Bernardino Soccer Complex for a 5-year period. (See Attached) (No Cost to the City - $88,000 Annual Revenue; $3,000 Annual Facility Improvements)
(Resolution not available at time of printing.) Ward 7
MOTION: That said resolution be adopted.
Police
11. Resolution of the Mayor and Common Council of the City of San Bernardino accepting the donations from Petfinder.com and HEAL Organization, and authorizing the purchasing manager
to increase the purchase orders assigned to Victor Medical Company for a combined total of $33,516 for FY 2010-11. (See Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted; and that the Finance Director be authorized to amend FY 2010-11 budget as outlined in the staff report.
Public Works
12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order in the amount of $105,806.50 to Burbank Recycling, Inc. for
Municipal Solid Waste Disposal Services. (See Attached) (Cost to the City - $105,806.05 Cost to Integrated Waste Management Division from Dump Waste Fees) (Resolution not available at
time of printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Finance
Recommended for approval at the Ways & Means Committee meeting of April 20, 2011 – Committee Members Present: Shorett, Johnson, Kelley
13. Mid-Year Budget Review for FY 2010-2011 (See Attached) All Wards
MOTION: That the FY 2010-11 Mid-Year Report be received and filed; and that the Director of Finance be authorized to amend the FY 2010-11 budget as outlined in the staff report dated
April 18, 2011 from the Director of Finance.
Mayor’s Office
Recommended for approval at the Ways & Means Committee meeting of April 20, 2011 – Committee Members Present: Shorett, Johnson, Kelley
14. Request for Civic and Promotional funding for 4th of July Celebration at Arrowhead Credit Union Park (See Attached) (Cost to the City - $12,500 from Civic & Promotional Fund)
Ward 3
MOTION: That $12,500 in Civic & Promotional funding be approved to conduct the 2011 4th of July Celebration at Arrowhead Credit Union Park.
Police
Recommended for approval at the Grants Ad Hoc Committee meeting of March 29, 2011 – Committee Members Present: Kelley, McCammack
15. Resolution of the City of San Bernardino ratifying the submittal of a National Institute of Justice Grant application ‘Solving Cold Case Homicides Using DNA' and authorizing the
obligation and expenditure of the $277,778 grant award. (See Attached) (No Cost to the City - $277,778 in Grant Revenue) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
Police
Recommended for approval at the Grants Ad Hoc Committee meeting of March 29, 2011 – Committee Members Present: Kelley, McCammack
16. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the FY 2011/2012 ABC Grant Assistance Program application and authorizing the
San Bernardino Police Department to accept and administer the grant funds upon award by the Department of Alcoholic Beverage Control (ABC). (See Attached) (No Cost to the City)
All Wards
(Item Continued on Next Page)
16. Continued.
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
City Clerk
To be heard at 4:00 p.m.
17. Public Hearing - Resolution imposing liens on property located within the City of San Bernardino for uncollected Business Registration fees. (See Attached) (No Cost to the City)
All Wards
Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees.
Mayor to open the hearing…
MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said
resolution be adopted.
Community Development
To be heard at 4:00 p.m.
18. Public Hearing – Resolution adopting General Plan Amendment No. 10-02 (See Attached) (No Cost the City) Ward 1
A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 10-02 to change the land use designation from Office Industrial Park (OIP)
to Commercial General (CG-1), Commercial Office (CO), and Residential Urban (RU) on approximately 4.5 acres on the west side of Waterman Avenue, extending from Rialto Avenue to Third
Street.
Mayor to open the hearing…
MOTION: That the hearing be closed; and that said resolution be adopted.
Community Development
To be heard at 4:00 p.m.
19. Public Hearing – An Ordinance amending Table 06.01, list of permitted uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code) (See Attached) (No Cost the City)
All Wards
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. FIRST READING (Ordinance not available at time of printing.)
Mayor to open the hearing…
MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
City Attorney
Continued from April 18, 2011
20. City Attorney report on Political Reform Act investigations and prosecutions; policies and procedures followed by the Office on conducting investigations and prosecutions. (No backup
materials distributed on April 18, 2011, Item No. 24.) (Staff Report not available at time of printing.)
MOTION: That the City Attorney’s report be received and filed.
Human Resources
Continued from April 18, 2011
21. Reorganization of Print Shop in the Information Technology Department (No Cost to the City - $51,400 in Savings) (Backup distributed on April 18, 2011, Item No. 16.)
All Wards
MOTION: That the matter be tabled.
END OF CONTINUED ITEMS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meeting on March 10, 2011 – Committee Members Present: Johnson, Brinker, Marquez
Continued from April 18, 2011
To be heard at 4:30 p.m.
R22. Public Hearing - Relocation Plan – Lugo Senior Apartments, LLC (the “project”) (Inland Valley Development Area) (See Attached) (No backup distributed on April 18, 2011, Item No.
R22.) Ward 1
(Community Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Director of the Redevelopment Agency of the City of San Bernardino
(“Agency”) to adopt the Relocation Housing Plan for Lugo Senior Apartments, LLC and appropriate funds for the implementation of the Relocation Housing Plan.
The hearing remains open…
MOTION: That the hearing be closed; and that said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting on April 7, 2011 – Committee Members Present: Johnson, Brinker, Marquez
To be heard at 4:30 p.m.
R23. Public Hearing - Allocations of 2011-2012 Community Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG) funds, and Home Partnership Act (HOME) funds, reallocation
of prior years’ Community Development Block Grant (CDBG) funds; and the 2011-12 Action Plan and Analysis of Impediments to Fair Housing Choice Actions of the Five-Year Consolidated Plan.
(See Attached) All Wards
(Item Continued on Next Page)
R23. Continued.
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the (1) Community Development Citizen’s Advisory Committee (“CDCAC”) recommendation of Non-Profit
Public Service Providers except for Time for Change Foundation and Santa Claus, Inc. and City Projects for the 2011-2012 Community Development Block Grant (“CDBG”) funding; (2) Reallocation
of prior years’ CDBG Funds; (3) Emergency Shelter Grant (ESG) Projects Funding except for Time for Change Foundation; (4) Home Partnership Act (“HOME”) Projects Funding; (5) Reallocation
of prior years’ HOME funds; (6) 2011-2012 Action Plan and Analysis of Impediments to Fair Housing Choice Actions of the Five-Year Consolidated Plan; and (7) authorizing the City Manager
to execute and submit Federal Grant applications to the U.S. Department of Housing and Urban Development (“HUD”), take all necessary actions to execute Public Service Agreements with
approved non-profit agencies and implement City’s CDBG funded projects. (Resolution not available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2011-2012 Action Plan as it pertains solely to the allocation of Community Development Block
Grant (CDBG) and Emergency Shelter Grant (ESG) funds to Time for Change Foundation. (Resolution not available at time of printing.)
C. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2011-2012 Action Plan as it pertains solely to the allocation of Community Development Block
Grant (CDBG) to Santa Claus, Inc. (Resolution not available at time of printing.)
Mayor to open the hearing…
MOTION: That said resolutions A-C, be adopted.
Recommended for approval at the Redevelopment Committee meeting on April 7, 2011 – Committee Members Present: Johnson, Marquez, Brinker
R24. AECOM – Agreement for Professional Services for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area) (See Attached)
Ward 1
(Item Continued on Next Page)
R24. 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 an agreement for Professional Services by and between the agency and AECOM for Landscape and Lighting Design Services for Theater Square (Central City
North Redevelopment Project Area).
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting on April 7, 2011 – Committee Members Present: Johnson, Marquez, Brinker
R25. Vanir Construction Management, Inc. – Agreement for Professional Services for Construction Management Services for Theater Square (Central City North Redevelopment Project Area)
(See Attached) Ward 1
(Community Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute an Agreement for Professional Services by and between the Agency and Vanir Construction Management, Inc., for Construction Management Services for Theater Square
(Central City North Redevelopment Project Area).
MOTION: That said resolution be adopted.
R26. Public Hearing – Crossroad Petroleum, Inc. – Disposition and Development Agreement (Former ARCO AM/PM 542 North Mt. Vernon Avenue) (Mount Vernon Corridor Redevelopment Project Area)
(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 approving and consenting to that certain Disposition and Development Agreement (“DDA”) and Lease Agreement
(“Lease”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Crossroad Petroleum, Inc. (“Developer”) Mt. Vernon Corridor Redevelopment Project Area.
(Resolution not available at time of printing.)
(Item Continued on Next Page)
R26. Continued.
(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 that certain Disposition and Development Agreement (“DDA”) and Lease Agreement (“Lease”) by and between the Agency and Crossroad Petroleum, Inc.
(“Developer”) Mt. Vernon Corridor Redevelopment Project Area. (Resolution not available at time of printing.)
Mayor to open the hearing…
MOTION: That the matter be continued to May 16, 2011.
END OF COMMUNITY DEVELOPMENT COMMISSION
27. 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.)
28. 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, May 16, 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.