Loading...
HomeMy WebLinkAbout09-07-2010 Jt. Regular AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO TUESDAY, SEPTEMBER 7, 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 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). 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) One Case (Deemed Approved Ordinance) 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: (Item Continued on Next Page) 1. Continued. Fire Safety General Mid-Management Police Management G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Central City Redevelopment Project Area 1. Property Address: 385 North “E” Street, Downtown San Bernardino (formerly the Los Espiños Mexican Restaurant) APN: 0134-241-64 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Merchants Bank of California as the owner Under Negotiation: Purchase price, terms and conditions Central City North Redevelopment Project Area 2. Property Address: The 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 authorized representatives of Regal Entertainment, United Entertainment Company, Atlas Bros./Cinema West and Brenden Theater. Under Negotiation: Lease or purchase price, terms and conditions END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Alfred G. Perez, Jr. – Animal Control Commission – Council Member Marquez. (See Attached) B. Jane Ann Godager – Animal Control Commission – Council Member Desjardins. (See Attached) MOTION: That the appointments of Alfred G. Perez, Jr. and Jane Ann Godager to the Animal Control Commission, as requested by Council Member Marquez and Council Member Desjardins, 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 24 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 August 18, 2010, from Barbara Pachon, Director of Finance, be approved. 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated September 2, 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 Manager 8. Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and the San Bernardino Convention and Visitors Bureau DBA Route 66 for In-kind support services for the 21st Annual Stater Bros Route 66 Rendezvous. (See Attached) (Cost to the City - $24,560 from Civic and Promotional Fund) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Human Resources 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Side Letter Agreement to Resolution No. 2007-343 with Middle Management Employees Bargaining Unit amending Article III – Compensation: Section 1 – Wages; Article III – Compensation: Section 6 – Overtime, Subsections (A) and (C); Article V – Leaves: Section 2 – Holidays, Subsection (E); Article VII – General Provisions: Section 4 – Term of Memorandum of Understanding; and adding Subsections (A) through (D) to Article III – Compensation: Section 5 – PERS; adding Subsection (J) to Article III – Compensation: Section 6 – Overtime; and adding Section 11 – Merit Increases to Article III, Compensation. (See Attached) (No Cost to the City - $533,500 in savings for FY 2010/11 and $717,800 in savings for FY 2011/12) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 10. Item deleted. Parks, Recreation & Community Services 11. Resolution of the Mayor and Common Council of the City of San Bernardino canceling the agreement approved November 7, 2005 between the City of San Bernardino and the Blast Soccer Club for use of soccer fields at Al Guhin Park and authorizing the City Manager to execute a new agreement between the City of San Bernardino and the Alliance Futbol Club for a five year term. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council authorizing the City Manager to execute a contractual agreement between the City of San Bernardino and the San Bernardino City Unified School District for shared use of the recreation facilities at the Galaxy Building and Norton Recreation Center for one year August 1, 2010 through July 31, 2011 with four optional single year renewals. (See Attached) (No Cost to the City - $90,000/yr in revenue + utilities to Misc Receipts/Lease Agreements) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Police Department 13. Resolution of the City of San Bernardino authorizing the Police Department to join the Information Sharing Initiative known as the Southern California Law Enforcement Information Exchange (SoCal LInX) hosted by the U.S. Navy. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 14. Resolution of the City of San Bernardino authorizing the City Manager of San Bernardino to execute the Crossing Guards Service Agreement with the Rialto Unified School District for the operation of the School Crossing Guard Program at Myers Elementary School and Kelley Elementary School by the Police Department. (See Attached) (Cost to the city - $18,000 of which $9,000 is reimbursed by the District from Salaries Temp/Part-time Account) Ward 6 MOTION: That said resolution be adopted. 15. Resolution of the Mayor and Common Council authorizing the City Manager to execute Amendment No. 5 to the Services Agreement with the San Bernardino City Unified School District for the operation of the School Crossing Guard Program by the Police Department. (See Attached) (Cost to the City - $415,200 of which $207,600 is reimbursed by the District from Salaries Temp/Part-time Account) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council authorizing execution of Amendment No. 3 to the Agreement for Crossing Guard Services with All City Management Services for crossing guard position at Victoria Elementary School (Redlands Unified School District) (See Attached) (Cost to the City - $5,150 net cost: $10,300 from Other Professional Services Account and $5,150 in revenue) Ward 3 MOTION: That said resolution be adopted. Public Works 17. 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 in the amount of $80,075 to R.W. Beck, Incorporated for a Sewer Collection Fee Update and an Integrated Waste Rate Study. (See Attached) (Cost to the City - $80,075 from Professional Contractual Services) All Wards MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino repealing Resolution No. 2006-247 and Resolution No. 2006-348, and amending Resolution No. 2009-372 relative to certain island annexations generally lying north of Pacific Street, east of Valencia Avenue, south of Piedmont Drive and west of Victoria Avenue. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Wards 2, 4 & 7 MOTION: That said resolution be adopted. 19. Authorization to proceed and approval of Plan No. 12738 - Proposed vacation of a Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue. (See Attached) (No Cost to the City) Ward 6 (Item Continued on Next Page) 19. Continued. MOTION 1: That the City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue; AND MOTION 2: That Plan No. 12738 showing the proposed vacation of a Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue, be approved. 20. Resolution of the City of San Bernardino approving Amendment No. 6 to Services Agreement with ICF Jones & Stokes for provision of professional environmental services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad. (See Attached) (Cost to the City - $92,258 from Construction Account) (Resolution not available at time of printing.) Wards 1 & 3 MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino establishing a fair market value of $2,447,000 and declaring the intention to sell City property known as the Convention Center, and appurtenant parcel to the west, generally located west of and adjacent to City Hall, east of "E" Street and south of Court Street, and to grant an appurtenant easement to the south, to the Redevelopment Agency of the City of San Bernardino and setting a public hearing for October 4, 2010, to consider said sale. (See Attached) (No Cost to the City - $2,447,000 proceeds from the sale of property) (Resolution not available at time of printing.) Ward 1 MOTION: That the City Engineer be authorized to proceed with the sale of the Convention Center (formerly known as Exhibit Hall), being portions of APN 0134-251-51 and 0134-311-37, and the adjacent parcel to the west, being APN 0134-251-53, generally located on the west side of City Hall, and granting of an appurtenant easement to the south, to the Redevelopment Agency; and that said resolution be adopted. 22. 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 in the amount of $140,000 to Zumar Industries, Incorporated for the purchase of traffic signs. (See Attached) (Cost to the City - $140,000 in FY 2010/11 from Materials and Supplies Account) All Wards MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order with two (2) one-year extensions at the City's option to HREM Inc. for the fabrication and repair of refuse truck bodies, floors and street sweepers to be utilized by the Public Works Department, Fleet Division. (See Attached) (Cost to the City - $40,000 in FY 2010/11 from Outside Vehicle Maintenance) All Wards MOTION: That said resolution be adopted. 24. Item deleted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Special Grants Ad Hoc Committee meeting on August 24, 2010 – Committee Members Present: Kelley, McCammack Parks, Recreation and Community Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino accepting grant notice letters and approving scope of CIP Projects: Splash Parks, Community Center Upgrades, irrigation system upgrades. (See Attached) (Cost to the City - $674,614 from the 2002 Resource Bond Act (Proposition 40) for two programs: The Robert-Z Berg-Harris Urban Open Space and Recreation Program and the Per Capita) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Recommended for approval at the Legislative Review Committee meeting on August 3, 2010 - Committee Members Present: Shorett, Marquez Public Works 26. Public Hearing - Establish the Construction and Demolition Recycling Program (C&D) and approve the recommended ordinances. (No Cost to the City – Projected revenue of $13,000 annually) (Staff Report not available at time of printing.) All Wards A. Resolution of the Mayor and Common Council of the City of San Bernardino, California, establishing the Construction and Demolition Recycling Program’s parameters. (Resolution not available at time of printing.) B. An ordinance of the City of San Bernardino, California, adding Chapter 8.24.5 to Title 8 of the Municipal Code to establish the Construction and Demolition Waste Recycling Program. FIRST READING (Ordinance not available at time of printing.) C. 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 (Ordinance not available at time of printing.) D. An ordinance of the City of San Bernardino amending Chapter 8.24 to add Section 8.24.285 Self-Haul. FIRST READING (Ordinance not available at time of printing.) MOTION: That the matter be continued to September 20, 2010. TO HEARD AT 4:30 P.M. Recommended for approval at the Legislative Review Committee meeting on August 3, 2010 – Committee Members Present: Shorett, Marquez Community Development - Planning 27. Public Hearing - amending San Bernardino Municipal Code Section 19.06.030(2)(B) (Development Code) (See Attached) (No Cost to the City) All Wards (Item Continued on Next Page) 27. Continued. An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 19.06.030(2)(B) (Development Code) requiring a Conditional Use Permit for new alcoholic beverage sales activities and establishing automatic deemed approved status for legal nonconforming activities and repealing Ordinance No. MC-1323U. 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 CONTINUED FROM AUGUST 16, 2010 City Manager 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Bus Shelter Agreement with Omnitrans to administer a Passenger Amenities Program at current and future bus stops. (No Cost to the City) (Backup distributed on August 16, 2010, Item No. 9.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. CONTINUED FROM AUGUST 16, 2010 Recommended for approval at the Ways and Means Committee meeting on August 25, 2010 – Committee Members Present: Shorett, Kelley Public Works 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Finance Agreements with the Southern California Edison Company for financing of energy efficiency projects at various City buildings. (See New Staff Report Attached) (No Cost to the City) (Backup distributed on August 16, 2010, Item No. 25.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONTINUED ITEMS 30. Item deleted. COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on August 19, 2010 – Committee Members Present: Johnson, Brinker, Marquez R31. Homebuyer Assistance Program (“HAP”) Fourth Quarter (April 1, 2010 through June 30, 2010) and Annual Report (July 1, 2009 through June 30, 2010) (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the Quarterly Update 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 August 19, 2010 – Committee Members Present: Johnson, Brinker, Marquez R32. Single-Family Residence Revitalization Program Fourth Quarter (April 1, 2010 through June 30, 2010) and Annual Report (July 1, 2009 through June 30, 2010) (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the Quarterly and Annual Update Report of the Single-Family Residence Revitalization Program activities for the Redevelopment Agency of the City of San Bernardino. Recommended for approval at the Redevelopment Committee meeting on August 19, 2010 – Committee Members Present: Johnson, Brinker Marquez R33. BB Architects – Professional Services Agreement (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 approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to execute a Professional Services Agreement with BB Architects, Inc., for the preparation of an Americans with Disabilities Act Compliance Survey at 450 North “E” Street, San Bernardino (Central City North Redevelopment Project Area). MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on August 5, 2010 – Committee Members Present: Johnson, Brinker, Marquez R34. The Planning Center – Professional Services Agreement (Transit Oriented Development District, City of San Bernardino) (See Attached) Wards 1, 2, 3, 5, & 7 (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 a Professional Services Agreement by and between the Agency and The Planning Center to provide consultant services for the preparation of a Transit Oriented Development District for the City of San Bernardino (State College, Uptown, Central City North, Central City South, Central City/Meadowbrook, Southeast and Tri-City Redevelopment Project Areas). MOTION: That said resolution be adopted. R35. Item deleted. Recommended for approval at the Redevelopment Committee meeting on August 5, 2010 – Committee Members Present: Johnson, Brinker, Marquez R36. Third Street Project – Cooperative Agreement with the County of San Bernardino and the Inland Valley Development Agency (See Attached) Unincorporated County (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor of the City of San Bernardino (“City”) to execute that certain agreement by and among the City and the Inland Valley Development Agency (“IVDA”), the County of San Bernardino (“County”) and the Redevelopment Agency of the City of San Bernardino (“Agency”) for the acquisition, development and rehabilitation of properties in the 3rd Street Corridor between Waterman Avenue and Tippecanoe Avenue in the unincorporated portion of the County of San Bernardino. (Resolution not available at time of printing.) (Item Continued on Next Page) R36. 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 agreement by and among the Agency and the Inland Valley Development Agency (“IVDA”), the County of San Bernardino (“County”) and the City of San Bernardino (“City”) for the acquisition, development and rehabilitation of properties in the 3rd Street Corridor between Waterman Avenue and Tippecanoe Avenue in the unincorporated portion of the County of San Bernardino. MOTION: That said resolutions A and B, be adopted. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee meeting on July 22, 2010 – Committee Member Present: Johnson, Brinker, Marquez R37. TEFRA Public Hearing – Tax and Equity Fiscal Responsibility Act (TEFRA) Public Hearing for the issuance of recovery zone facility bonds by the San Bernardino Joint Powers Financing Authority for the benefit of the City of San Bernardino Redevelopment Agency. (See Attached) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of Recovery Zone Facility Bonds by the San Bernardino Joint Powers Financing Authority for the benefit of the Redevelopment Agency of the City of San Bernardino. (Resolution not available at time of printing.) Mayor to open the hearing… MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Special Redevelopment Committee meeting on September 28, 2009 – Committee Members Present: Johnson, Brinker R38. Joint Public Hearing – Pinewood Mountain Development, LLC – Lease Agreement for a Temporary Bus Transfer Facility (Carousel Mall) (Staff Report not available at time of printing.) Ward 1 (Item Continued on Next Page) R38. Continued. (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the execution of a Master Lease Agreement for the redevelopment and reuse of the former JC Penny Tire, Battery and Automotive Center (“TBA”) by and between the City of San Bernardino Redevelopment Agency (“Agency”) and Pinewood Mountain Development, LLC (Central City Redevelopment Project Area). (Resolution not available at time of printing.) (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 (1) a Master Lease Agreement by and between the Agency and Pinewood Mountain Development, LLC (“Pine Mountain”) for the former JC Penny Tire, Battery and Automotive Center Building (“TBA”), (2) a Sub-lease Agreement by and between the Agency and Omnitrans for the use of the JC Penny TBA and (3) a Consent to Interim Lease of Land and Building from/to the current Parties of the Reciprocal Easement Agreement (REA). (Resolution not available at time of printing.) Mayor to open the hearing… MOTION: That the matter be continued to September 20, 2010. END OF COMMUNITY DEVELOPMENT COMMISSION 39. 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.) 40. 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, September 20, 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.