HomeMy WebLinkAbout03-15-2010 Reg Agenda
Mayor Patrick J. Morris
CITY OF SAN BERNARDINO
Council Members:
Virginia Marquez
300 N. ?D? Street
Jason Desjardins
San Bernardino, CA 92418
Tobin Brinker
Fred Shorett
Website: www.sbcity.org
Chas Kelley
Rikke Van Johnson
Wendy McCammack
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
nd
City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 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: ___________________________________________
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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)
th
Arco Gas Station at 5and 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
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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
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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.
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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.
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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.
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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.
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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
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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
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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)
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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)
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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.
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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.
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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.)
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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.
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