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HomeMy WebLinkAbout05-16-2011 Reg. AgendaF AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MAY 16, 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 12-15.) 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): Justin Ryan Golding v. City of San Bernardino, et al. – San Bernardino Superior Court, Case No. CIVSS 700791; Cedric May Sr.; Brenda Standifer; S.D.M. and S.J.M., minors, by and through their guardian ad litem Sasha Graves; Maurice Jennings; Anthony Jennings; and Jashanda Standifer v. City of San Bernardino; Officer Joseph Aguilar; Officer Jose Vasquez; Officer Bryon Clark; Officer Langston Canright; Officer Melissa Flint; Sergeant James Beach and Does 1-10, inclusive – United States District Court, Case No. ED CV 10-00978 VAP (DTBx); Long Nguyen v. City of San Bernardino; and Does 1-100, inclusive – San Bernardino Court, Case No. CIVDS 1003080; Consolidated with Lam Sinh v. City of San Bernardino – San Bernardino Superior Court, Case No. CIVDS 1033219; San Bernardino City Professional Firefighters, Local 891, Nathan Lopez v. City of San Bernardino, et al. – United States District Court, Case No. CV 10-01779 PSG (DTBx); San Bernardino City Professional Firefighters, Local 891; Richard “Scott” Moss v. City of San Bernardino, et al. – San Bernardino Superior Court, Case No. CIVDS 1102415; E.C., a minor, by & thru his GAL, Maria Chacon v. City of San Bernardino, et al. – United States District Court, CV 11-02919 CAS (DTBx); People of the State of California, by and through James F. Penman, City Attorney of the City of San Bernardino v. Margaret Sherman, Michael Sherman, Rajae Zarour, and CCI Club SB LLP – San Bernardino Superior Court, Case No. CIVDS917881. 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 Systems, Inc. v. City of San Bernardino 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: General Unit 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. J. Loraine O’Campo – Civil Service Board – Mayor Morris. (See Attached) B. Jenise Bush – Human Relations Commission – Council Member Brinker. (See Attached) MOTION: That the appointments of J. Lorraine O’Campo to the Civil Service Board, and Jenise Bush to the Human Relations Commission, as requested by Mayor Morris and Council Member Brinker, 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 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 May 16, 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: March 7, 2011 (Distributed 05/11/11) March 21, 2011 (Distributed 05/09/11) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 11, 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 May 12, 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 Manager 9. 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. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 10. Set budget hearing dates for FY 2011-12 (See Attached) (No Cost to the City) All Wards MOTION: That the Mayor and Common Council set the following budget hearing dates at 5:00 p.m. in the Economic Development Agency Boardroom to review the FY 2011-12 City and Economic Development Agency budgets: Thursday, June 23, 2011; Tuesday, June 28, 2011; and Wednesday, June 29, 2011 (if necessary). 11. Eliminating and restructuring of certain Commissions (See Attached) (No Cost to the City – Savings to the City of approximately $8,400 annually) All Wards A. Ordinance of the City of San Bernardino repealing Chapters 2.24 (Central City Parking Place Commission), 2.42 (Community Television Commission), 2.19 (Youth Advisory Commission), and 2.27 (Santa Ana River Trail Commission) of the San Bernardino Municipal Code. FIRST READING (Ordinance not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino establishing the Santa Ana River Trail Ad Hoc Committee. (Resolution not available at time of printing.) MOTION: That said ordinance be laid over for final adoption; and that said resolution be adopted. Information Technology 12. Resolution of the Mayor and Common Council of the City of San Bernardino to authorize a contract purchase order with TigerDirect through Fiscal Year 2011-2012, allocating $40,000. (See Attached) (Cost to the City - $40,000 from All City Departments) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Parks, Recreation & Community Services 13. 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 $233,483 for the period of July 1, 2011 through June 30, 2012 for the Senior Nutrition Program. (See Attached) (Cost to the City - $233,483 Grant Funds; $68,229 City In-kind) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 14. 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. 303757 by $8,300 to $382,915 for Roadway Engineering and Contracting Inc. for construction of the Verdemont Community Center and landscaping at Al Guhin Park per Capital Improvement Program Project PR04-28. (See Attached) [Cost to the City - $8,300 from AB 1600 Parkland and Open Space Acquisition and Park Improvement Fee (DIF) Fund] (Resolution not available at time of printing.) Ward 5 (Item Continued on Next Page) 14. Continued. MOTION: That said resolution be adopted. Public Works 15. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Elite Companies US, Inc. for pavement rehabilitation on Rialto Avenue from Lena Road to Tippecanoe Avenue (SS06-044), per Project Plan No. 12283B. (See Attached) (Cost to the City - $142,700 from Sewer Construction Fund) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 16. 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 Ironman Parts & Services of Corona in the amount of $59,155.92 pursuant to Section 3.04.010-B3 of the Municipal Code, for four diesel particulate filters to be installed on four O & M Division trucks, per the California Air Resources Board (CARB) regulations. (See Attached) (Cost to the City - $59,155.92 from Outside Vehicle Maintenance) All Wards MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino approving Cooperative Agreement No. C11180 with the San Bernardino County Transportation Authority and the San Bernardino County Transportation Commission to provide right-of way services for a grade separation at Palm Avenue over the Burlington Northern Santa Fe Railroad (CIP Project No. SS04-53). (See Attached) (No Cost to the City) Ward 6 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT City Manager Recommended for approval at the Ways & Means Committee meeting of May 4, 2011 – Committee Members Present: Shorett, Johnson, Kelley 18. Resolution of the Mayor and Common Council of the City of San Bernardino setting the 2011 Regulatory Fee for the sale of fireworks. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Community Development Recommended for approval at the Legislative Review Committee meeting of April 19, 2011 – Committee Members Present: Shorett, Marquez 19. An ordinance of the Mayor and Common Council of the City of San Bernardino adding Chapter 15.27 entitled “Crime-Free Rental Housing Program” to the San Bernardino Municipal Code. FIRST READING (See Attached) [No Cost to the City - $104,146 Covered by Annual Inspection Fee (No Impact to the General Fund)] (Ordinance not available at time of printing.) All Wards MOTION 1: That said ordinance be laid over for final adoption; and MOTION 2: That a resolution establishing the annual fee as recommended be adopted at the time of ordinance adoption; and MOTION 3: That the Director of Finance be authorized to reinstate a Code Enforcement Officer II position that was deleted as part of the 8% budget reductions to staff the Crime-Free Rental Housing Program as outlined in the staff report from the Director of Community Development Department dated April 28, 2011. END OF COMMITTEE CONSENT PUBLIC HEARINGS City Clerk To be heard at 4:00 p.m. 20. Appeal Hearing – Regarding the City Clerk’s determination of ineligibility for Living Springs Fellowship to operate a fireworks stand in 2011. (See Attached) Appellant: Living Springs Fellowship 2260 N. Arrowhead Ave. San Bernardino, CA 92415 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 Living Springs Fellowship; OR MOTION 2: That the hearing be closed; and that the Mayor and Common Council grant the appeal and approve the fireworks stand application submitted by Living Springs Fellowship. City Clerk To be heard at 4:00 p.m. 21. Appeal Hearing – Regarding the City Clerk’s determination of ineligibility for Parents United to operate a fireworks stand in 2011 (See Attached) Appellant: Pare nts United San Bernardino 25273 Shepardson #1 Loma Linda, CA 92354 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 Parents United; 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 Parents United. City Clerk To be heard at 4:00 p.m. 22. Appeal Hearing – Regarding the City Clerk’s determination of ineligibility for Victory Resource Center to operate a fireworks stand in 2011 (See Attached) Appellant: Victory Resource Center 990 W. Mill Street San Bernardino, CA 92410 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 Victory Resource Center; 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 Victory Resource Center. Community Development Continued from May 2, 2011 To be heard at 4:00 p.m. 23. Public Hearing – An ordinance amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code) (No Cost the City) (Backup materials distributed on May 2, 2011, Item No. 19.) 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.) The hearing remains open… MOTION: That the matter be continued to June 20, 2011. Community Development To be heard at 4:00 p.m. 24. Appeal Hearing - Resolution denying appeals of the Planning Commission's revocation of Conditional Use Permit No. 93-14 (Appeals 11-02 & 11-03) (See Attached) (No Cost to the City) Ward 3 Resolution denying appeals of the Planning Commission's revocation of Conditional Use Permit No. 93-14, a permit to operate a night club at 295 East Caroline Street, in the CR-3, Commercial Regional land use district. (Appeals 11-02 & 11-03) (Resolution not available at time of printing.) Appellants: CCI Club SB, LLC c/o: Bruce Evans Law Offices of Solomon, Saltsman & Jamieson 426 Culver Boulevard Playa del Rey, CA 90293 The Hudson Theater c/o: Roger Jon Diamond 2115 Main Street Santa Monica, CA 90405 Mayor to open the hearing… MOTION: That the matter be continued to June 6, 2011. Community Development To be heard at 4:00 p.m. 25. Appeal Hearing - Appeal by area residents of the Planning Commission approval of Conditional Use Permit No. 11-02 to establish a Sports Bar with a Type 48 Alcoholic Beverage Control license at 3606 E. Highland Avenue in the CG-1, Commercial General land use district. (See Attached) (No Cost the City) Ward 4 Owner: Etehad LLC & Refova LLC 410 South Beverly Drive Beverly Hills, CA 90212 Applicant: Lynette Duro 5499 Victoria Avenue Highland, CA 923246 Appellant s: Cheryl A. Foxford et al. 3661 Orchid Drive Highland, CA 92346 Mayor to open the hearing… MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission’s approval of Conditional Use Permit No. 11-02, based upon Findings of Fact and subject to conditions contained in the Planning Commission staff report, dated March 23, 2011, and staff’s recommendations for approval. END OF PUBLIC HEARINGS STAFF REPORTS Fire Department 26. Approval and implementation of a Firefighter Cadet Program for the San Bernardino City Fire Department (See Attached) (Cost to the City - $145,500 from FY 11-12 Fire and Rescue Program Budget – Personnel Services and Maintenance & Operation) All Wards MOTION 1: That the Firefighter Cadet Program be approved and that the Fire Chief be directed to implement the program; and (Item Continued on Next Page) 26. Continued. MOTION 2: That the following actions be referred to the Personnel Committee for review: a) establish three new classifications (11 positions) as listed in the staff report from the Fire Chief, dated May 11, 2011; b) authorize the Human Resources Department to update Resolution 2008-20; and c) review and approve job descriptions for each of the newly established classifications; and MOTION 3: That the Director of Finance be authorized to incorporate the revenues and expenditures associated with the Firefighter Cadet Program into the Fire Department’s FY 2011-12 Proposed Budget, in the amount of $145,500, in accordance with the staff report from the Fire Chief, dated May 11, 2011, and attachments. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Continued from May 2, 2011 To be heard at 4:30 p.m. R27. Public Hearing – Crossroad Petroleum, Inc. – Disposition and Development Agreement (Former ARCO AM/PM 542 North Mt. Vernon Avenue) (Mount Vernon Corridor Redevelopment Project Area) (No backup materials distributed on May 2, 2011, Item No. R26.) (Staff Report not available at time of printing.) Ward 1 (Mayor and Common Council) A. Resolution of the Community Development Commission 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) R27. 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 tabled. Recommended for approval at the Redevelopment Committee meeting on April 21, 2011 – Committee Members Present: Johnson, Brinker, Marquez R28. AECOM – Amendment No. 1 to the Professional Services Agreement (Streetscape Design for Downtown San Bernardino) (See Attached) Ward 1 (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 Amendment No. 1 to the Professional Services by and between the Agency and AECOM. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on April 21, 2011– Committee Members Present: Johnson, Brinker, Marquez R29. Resolution of the Mayor and Common Council of the City of San Bernardino confirming the election procedures and the results of the election of the Project Area Committee for the Merged, Amended, and Restated Redevelopment Plan for the proposed San Bernardino Merged Redevelopment Project Area B (State College, Central City West, Northwest, Uptown, Mount Vernon Corridor, 40th Street) and added areas. (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Council meeting of March 7, 2011 R30. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director and the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute Amendment No. 1 to the Exclusive Right to Negotiate Agreement (“ERN”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Panattoni Development Company, Inc. (“developer”) to revise the terms and schedule for developer performance. (See Attached) Ward 1 MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on May 5, 2011 – Committee Members Present: Johnson, Brinker, Marquez R31. 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 terminate the 1996 Loan Participation Agreement by and between the Agency and Subaru of San Bernardino, a California Corporation (“Participant”) (Southeast Industrial Park Redevelopment Project Area). (See Attached) Ward 3 MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting of April 7, 2011 – Committee Members Present: Johnson, Marquez, Brinker R32. Affordable Housing Solutions of San Bernardino (“AHS”) Quarterly Report of Program Activities through December 31, 2010. (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the quarterly report of Affordable Housing Solutions of San Bernardino Program Activities for the period ending December 31, 2010, for the Redevelopment Agency of the City of San Bernardino. Recommended for approval at the Redevelopment Committee meeting of April 21, 2011 – Committee Members Present: Johnson, Brinker, Marquez R33. Acceptance of funding approval and Grant Agreement for the Neighborhood Stabilization Program 3 (NSP3) (See Attached) Wards 1, 2 & 6 (Item Continued on Next Page) R33. Continued. (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving the funding and Grant Agreement for the Neighborhood Stabilization Program 3 (NSP3) Funds as authorized and appropriated under the Dodd-Frank Act 2010 and approving the execution of a Sub-recipient Agreement by and between the Redevelopment Agency of the City of San Bernardino and Affordable Housing Solutions of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. R34. AECOM – Reconsideration of an Agreement for Professional Services for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area) (See Attached) Ward 1 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 the Community Development Commission of the City of San Bernardino reconsider the approval and adoption of Resolution No. CDC/2011-23 relating to the Professional Services with AECOM for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area); and that said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 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. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 6, 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.