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HomeMy WebLinkAbout03-15-2010 Jt. Reg Mtg C'ensu`s ?{ Be counted. Cens s 't Be counted. Census { Be counted. Census 2010 2018 2010 2010 Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: 300 N. "D"Street Virginia Marquez Jason Desjardins San Bernardino, CA 92418 Tobin Brinker Website: www.sbcity.org Fred Shorett 4krnar Chas Johnson Rikke Van Johnson .. Wendy McCmrunack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 15, 2010 - 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 Director of Facilities Management (384-5244) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. (Community Development Commission Items are on pages 11-14.) 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.sbeity.org subject to stajJ s ability to post the documents before the meetings. CALL TO ORDER: PRESENT: ABSENT: 1 03/15/2010 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): Citizens for Responsible Equitable Environmental Development v. City - San Bernardino County Superior Court, Case No. CIVDS 918169; Michael Desrochers, et al. v. City of San Bernardino et al. - San Bernardino County Superior Court, Case No. CIVSS 708367; Susan Hulse v. LAFCO & City of San Bernardino et al. - San Bernardino County Superior Court, Case No. CIVDS 1002077. 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) Arco Gas Station at 5'and Mt. Vernon 1 case 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 Raymond Reyes v. County of San Bernardino and Burrtec Waste Industries City v. James Meza 2 03/15/2010 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: 450 North "E" Street APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Moctesuma Esparza on behalf of Maya Cinemas North America, Inc. Under Negotiation: Purchase price, terms and conditions. END OF CLOSED SESSION 3 03/15/2010 RECONVENE MEETING — 3:00 P.M. PRESENT: ABSENT: 2. Appointments. 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 18 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 February 24, 2010, from Barbara Pachon, Director of Finance, be approved. 4 03/15/2010 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated March 11, 2010, 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 Attorney 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Best, Best & Krieger and the City of San Bernardino in the matter of Michael Billdt, Disability Retirement Application. (See Attached) All Wards MOTION: That said resolution be adopted. City Manager 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to enter into a Professional Services Contract with AECOM for the performance of monitoring and reporting requirements for the EECBG Program for $42,000 over a three year period. (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement by and between the City of San Bernardino and Management Partners Incorporated for assistance in the development and formation of a Regional Animal Shelter Joint Powers. (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Development Services 11. Authorize the Director of Development Services to execute Contract Change Order No. One with El-Co Contractors, Inc. for Sanitary Sewer Improvement Relocations for State Route 210, Segment 11 (SW09-03), per Project Plan No. 12517. (See Attached) (Cost to the City - $105,081 from the Street Construction Fund/Caltrans Reimbursement) Wards 2 & 6 MOTION: That the Director of Development Services be authorized to execute Contract Change Order No. One with El-Co Contractors, Inc. for Sanitary Sewer Improvement Relocations for State Route 210, Segment 11 (SW09-03), per Project Plan No. 12517. 5 03/15/2010 12. Resolution of the City of San Bernardino approving Amendment No. Two to a Professional Services Agreement with Engineering Resources of Southern California, Inc. for design of street, storm drain, traffic signal, and sound wall improvements along Victoria Avenue from Highland Avenue to Lynwood Avenue (SS05-25). (See Attached) (Cost to the City $4,100 from the Public Improvement Fund) Ward 4 MOTION: That said resolution be adopted. 13. Item deleted. Police 14. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the amount of $362,659.41 and authorizing the Police Department to accept and administer the grant. (See Attached) (No Cost to the City - $362,659.41 OTS STEP Grant) All Wards MOTION: That said resolution be adopted. 15. Resolution of the City of San Bernardino authorizing the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Grant Funds in accordance with the grant expenditure plan. (See Attached) (No Cost to the City - $100,000 from Alcohol Beverage Control Grant Funds) All Wards MOTION: That said resolution be adopted. Public Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and increase to Purchase Order Number 302895 by $5,200 to All American Truck & Auto Body in order to completely repair refuse unit 07176. (See Attached) (Cost to the City - $5,200 from IWM Division/Equipment Maintenance) All Wards MOTION: That said resolution be adopted. 6 03/15/2010 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to an agreement and increase to an annual purchase order with three single year renewal options to "Y" Tires of Los Angeles for new and recapped tires, tubes and related repair services for city vehicles and equipment, to be utilized by the Fleet Division pursuant to bid number RFQ F- 09-01. (See Attached) (Cost to the City - $30,000 from Fleet Services/Materials and Supplies) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement and increase to an annual purchase order with three single year renewal options to Tec of California for the purchase of specific equipment parts and supplies for the public services refuse fleet utilized by the Public Services Department Fleet Division. (See Attached) (Cost to the City - $17,000 from Fleet Services/Materials and Supplies) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting of March 9, 2010 — Committee Members Present: Johnson, Shorett Development Services 19. Resolution of the City of San Bernardino supporting the City's submittal of Community Based Transportation Planning (CBTP) Grant Application for the University Neighborhood Transportation Improvement Planning Study. (See Attached) (Cost to the City - $225,000 in Grant Funding if awarded; $25,000 in local match from the Regional Circulation Systems Fund) (Resolution not available at time of printing.) Wards 5 & 6 MOTION: That said resolution be adopted. 7 03/15/2010 Recommended for approval at the Grants Ad Hoc Committee meeting of March 9, 2010 — Committee Members Present: Johnson Shorett Mayor's Office 20. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submission of the First 5-San Bernardino Desired Results Initiative Grant. (See Attached) (No Cost to the City - $4,188,304 in Grant Revenue) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Ad Hoc Committee meeting of March 9, 2010 — Committee Members Present: Johnson Shorett Public Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application for Waste Tire Enforcement Grant funds from the California Department of Resources Recycling and Recovery (CalRecycle). (See Attached) (No Cost to the City - $75,797 in Grant Revenues) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Clerk 22. Public Hearing - Resolution imposing liens on certain parcels of real property 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. END OF PUBLIC HEARINGS 8 03/15/2010 CONTINUED ITEMS CONTINUED FROM MARCH 1, 2010 Development Services 23. Approve the list of Local Stimulus Program (LSP) funded projects, amendment of the Capital Improvements Program and authorize the Director of Finance to amend the FY 2009-2010 Capital Improvement Program budget by increasing the Street Construction fund by $2,898,703. (See New Staff Report Attached) (No Cost to the City - $2,898,703 in New Revenue) (Backup distributed on March 1, 2010, Item No. 9.) All Wards MOTION: That the list of Formula Stimulus funded projects be approved; that the Capital Improvements Program be amended to show the new funding source; and that the Director of Finance be authorized to amend the FY 2009-2010 Capital Improvement Program budget by increasing the Street Construction fund by $2,898,703 and appropriating these additional revenues to the various projects as specified in the staff report dated March 8, 2010, from Valerie Ross, Director of Development Services. CONTINUED FROM MARCH 1, 2010 Police 24. Resolution of Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with San Manuel Band of Mission Indians to use the City of San Bernardino Police Department's firing range. (No Cost to the City) (Backup distributed on March 1, 2010, Item No. 15.) Ward 2 MOTION: That said resolution be adopted; and that the Finance Director be authorized to increase Police Revenue Account No. 001-000-4740 by $25,000 and increase Police Expenditure Account No. 001- 224-5706 by $25,000. CONTINUED FROM MARCH 1, 2010 Public Services 25. An Ordinance of the City of San Bernardino amending the definition of "Roll- off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. FIRST READING (No Cost to the City) (Backup distributed on February 1, 2010, Item No. 23; item continued to February 16, 2010, Item No. 25, item continued to March 1, 2010, Item No. 21.) (Ordinance not available at time of printing.) All Wards MOTION: That the matter be continued to April 5, 2010. END OF CONTINUED ITEMS 9 03/15/2010 STAFF REPORTS Council Office 26. Discuss and take possible action regarding a policy for naming public facilities. (See Attached) MOTION: That the matter of developing a formal policy for naming of public facilities be referred to the Legislative Review Committee to work with staff to develop a formal policy for Mayor and Common Council approval. 27. Municipal Code Section 2.01.010 Mayor Pro-Tempore - Election of Mayor Pro-Tempore. (See Attached) All Wards MOTION: That the Common Council elect a Councilmember to serve as Mayor Pro-Tempore until March 21, 2011. 28. Installation of sculptures created by the California State University San Bernardino Art Department faculty and students for Chancellor's Park. (See Attached) Ward 5 MOTION: That the City of San Bernardino allow the California State University San Bernardino Art Department to place and install its sculptures at Chancellor's Park. END OF STAFF REPORTS PLANNING ITEMS CONTINUED FROM MARCH 1, 2010 TO BE HEARD AT 4:30 P.M. Development Services 29. Appeal Hearing - An appeal of the Planning Commission's approval of Conditional Use Permit No. 07-15, a request to expand an existing 129,794 square foot retail commercial building by 41,644 square feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of Highland Avenue at the intersection with Boulder Avenue, at 4210 East Highland Avenue in the CG-1, Commercial General land use district (Appeal No. 09-03) (No Cost to the City) (Backup material distributed on January 4, 2010, Item No. 18; item continued to January 19, 2010, Item No. 15; item continued to February 1, 2010, Item No. 25; item continued to February 16, Item No. 26, item continued to March 1, 2010, Item No. 23.) Ward 4 (Item Continued on Next Page) 10 03/15/2010 29. Continued. Applicant/Owner: Wal-Mart Real Estate Business Trust c/o: Jennifer Guenther Gresham Savage Nolan & Tilden, PC 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 Appellant: Citizens for Responsible Equitable Environmental Development (CREED) c/o: Cory J. Briggs, Briggs Law Corporation 99 East "C" Street, Suite 111 Upland, CA 91786 The hearing remains open... MOTION: That the matter be continued to May 3, 2010. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee meeting on January 21, 2010 - Committee Members Present: Baxter, Brinker R30. Joint Public Hearing - Meta Housing, Inc., Magnolia Highland, L.P., Amendment No. 1 to the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition and Development Agreement (The Magnolia at Highland Project- Northwest Redevelopment Project Area) (See Attached) Ward 6 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of the Redevelopment Agency of the City of San Bernardino's properties located on the southwest corner of Highland Avenue and Medical Center Drive (APNs: 0143-191- 38, 46 and 63) to Meta Housing, Inc. - Magnolia Highland, L.P., for the development of 79 units of affordable senior citizen rental housing pursuant to Amendment No. 1 to the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition and Development Agreement (Northwest Redevelopment Project Area). (Resolution not available at time of printing. (Item Continued on Next Page) 11 03/15/2010 R30. 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 Amendment No. 1 to the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition and Development Agreement by and between the Agency and Meta Housing Inc. - Magnolia Highland, L.P. (Northwest Redevelopment Project Area). 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 execute a demolition contract by and between the Agency and MGP Construction for the demolition of Agency property located at 2196 Medical Center Drive, San Bernardino, CA 92411 (Northwest Redevelopment Project Area). Mayor to open the hearing... MOTION: That the hearing be closed; and that said Resolutions A-C, be adopted. Recommended for approval at the Redevelopment Committee meeting on February 4, 2010 - Committee Members Present: Johnson Baxter Brinker R31. California Housing Foundation, Inc., a non-profit 501(c)(3) organization - Amendment No. 1 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement. (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 Amendment No. 1 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement by and between the Agency and California Housing Foundation, Inc. MOTION: That said resolution be adopted. 12 03/15/2010 Recommended for approval at the Redevelopment Committee meeting on February 18, 2010 - Committee Members Present: Johnson, Baxter, Brinker R32. Barbara Hicks - Temporary Employment Arrangement for GIS Services (See Attached) All Wards (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing a temporary employment arrangement with Barbara Hicks to provide GIS services to the Redevelopment Agency of the City of San Bernardino. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on February 18, 2010 - Committee Members Present: Johnson, Baxter Brinker R33. Homebuyer Assistance Program Report for the period July 1, 2009 through December 31, 2009. (See Attached) All Wards (Community Development Commission) MOTION: That the Community Development Commission of the City of San Bernardino receive and file the Semi-Annual Report of the Homebuyer Assistance Program activities for the Redevelopment Agency of the City of San Bernardino. Recommended for approval at the Redevelopment Committee meeting on February 18, 2010 - Committee Members Present: Johnson Baxter Brinker R34. U.S. Department of Housing and Urban Development Federal Programs - CDBG/ESG/HOME Report for the period July 1, 2009 through December 31, 2009. (See Attached) All Wards (Mayor and Common Council) MOTION: That the Mayor and Common Council of the City of San Bernardino receive and file the Semi-Annual Update of the U.S. Department of Housing and Urban Development Federal Programs for the Redevelopment Agency of the City of San Bernardino. 13 03/15/2010 Recommended for approval at the Redevelopment Committee meeting on February 18, 2010 - Committee Members Present; Johnson Baxter Brinker R35. Inland Empire Concerned African American Churches (IECAAC), Development Agreement for 1519 West Virginia Street, San Bernardino, CA 92411 (See Attached) Ward 6 (Community Development Commission) MOTION: That the Community Development Commission of the City of San Bernardino acknowledge the intent of Affordable Housing Solutions of San Bernardino, Inc., a California non-profit corporation, to enter into the Development Agreement for intermediary services with the Inland Empire Concerned African American Churches, a California 501(c)(3) public benefit corporation for the rehabilitation and resale of the property located at 1519 West Virginia Street, San Bernardino, CA. Recommended for approval at the Redevelopment Committee meeting on February 18, 2010 - Committee Members Present: Johnson Baxter Brinker R36. Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project - Reject Construction Bids and Re-bid Project (See Attached) All Wards (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino rejecting constructions bids received by the Redevelopment Agency of the City of San Bernardino ("Agency") for the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project and authorize the re-bidding of the project. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 37, 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.) 14 03/15/2010 38. 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, April 5, 2010, 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. 15 03/15/2010