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HomeMy WebLinkAbout10-18-2010 Jt. Regular AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, OCTOBER 18, 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 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.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 Golding v. City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVSS 700791; Human Potential Consultants LLC v. City of San Bernardino, et al. – San Bernardino County Superior Court, Case No. CIVDS 917268; Richard “Scott” Moss v. City of San Bernardino, et al. – United States District Court, Case No. EDCV07-01027 SGL (OPx). 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) Hulse v. City 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: Deputy City Attorney III Deputy City Attorney II 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. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Lance Durr – Planning Commission – Mayor Morris (See Attached) B. Robert Jenkins – Measure Z Citizen’s Oversight Committee – Council Member Desjardins (See Attached) C. Lynette McLean Kaplan – Board of Fire Commissioners – Council Member Kelley (See Attached) D. Robert D’Amato – Senior Affairs Commission – Council Member Kelley (See Attached) E. Reappointment - Robert Evans – Measure Z Citizen’s Oversight Committee – Council Member Shorett (See Attached) F. Robert Jenkins – Board of Building Commissioners – Council Member Desjardins (See Attached) MOTION: That the appointments and reappointment A-F, as requested by Mayor Morris and Council Members Desjardins, Kelley, and Shorett, 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 25 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. 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: June 8, 2010 (Distributed 10/13/10) August 23, 2010 (Distributed 10/13/10) September 20, 2010 (Distributed 10/13/10) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 30, 2010, 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 October 14, 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 9. Resolution approving a Professional Services Agreement between the City of San Bernardino and Stephen R. Onstot for temporary attorney services in the City Attorney’s Office. (See Attached) MOTION: That said resolution be adopted. Finance 10. Designation of Hinderliter, de Llamas (HDL) as the authorized City representative to examine transactions and use tax records and authorization for them to provide analysis and audit services. (See Attached) (Cost to the City- $15,300 from General Fund) All Wards A. Resolution of the Mayor and Common Council of the City of San Bernardino designating Hinderliter, de Llamas (HDL) as the authorized City representative to examine transactions (sales) and use tax records, and designating the City Manager, the Director of Finance and the Deputy Director of Finance as the City Officers authorized to receive information contained in, or derived from, the transactions (sales) and use tax records, and rescinding Resolution 2007-414. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino authorizing the execution of an agreement with Hinderliter, de Llamas, Companies, LLC to provide analysis and audit services for the City of San Bernardino’s transactions and use tax collected by the state board of equalization and property tax audit and analysis services. (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. Human Resources 11. Resolution of the City of San Bernardino approving a Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Management Association regarding budget concessions. (See Attached) (No Cost to the City – Savings of $423,400 over 27 months) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and issuance of a purchase order in the amount of $172,300 between the City of San Bernardino and Riverside Construction Company, Inc. for replacement of irrigation booster pumps and control systems at Seccombe Lake Park per Capital Improvement Program Project PR04-16. (See Attached) (Cost to the City - $172,300 from Park Construction Fees) Ward 1 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino canceling the monthly services agreement approved July 19, 2010 and authorizing the City Manager to approve an annual services agreement between the City of San Bernardino and the Boys & Girls Club of San Bernardino, Inc. to provide Community Services at the Delmann Heights Community Center. (See Attached) (Cost to the City - $85,860/yr from Recreation/Community Programs – Professional/Contractual Services) Ward 6 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino canceling the standard Facility Lease Agreement approved August 2, 2010 and authorizing the City Manager to execute a new standard Facility Lease Agreement with the County of San Bernardino to create and operate a Family Resource Center at Nicholson Community Center. (See Attached) (Cost to the City - $55,000 from Program/Operating Costs) Ward 6 MOTION: That the Director of Finance be authorized to amend the FY 2010-2011 Parks and Recreation budget as outlined in the staff report from Kevin Hawkins, Director of Parks, Recreation and Community Services, dated October 5, 2010; and that said resolution be adopted. Public Works 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement with University Park, LLC, a California limited liability company, for Campus Parkway Fencing and PCC Pavement Installation (SS08-01). (See Attached) (Cost to the City - $160,000 from Campus Parkway Fencing & PCC Paving Account) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 16. Authorization to proceed and approval of Plan No. 12705 - Proposed street vacation of portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way (New Lincoln II Elementary School) (See Attached) (No Cost to the City) Ward 1 MOTION 1: That the City Engineer and the City Clerk be authorized to proceed with the proposed street vacation of portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way; and (Item Continued on Next Page) 16. Continued. MOTION 2: That Plan No. 12705 showing the proposed street vacation of portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way, be approved. 17. Authorization to proceed and approval of Plan No. 12707 – Proposed street vacation of a portion of Irwin Street, south of Rialto Avenue, west of Waterman Avenue (New Burbank II Elementary School). (See Attached) (No Cost to the City) Ward 1 MOTION 1: That the City Engineer and the City Clerk be authorized to proceed with the proposed street vacation of a portion of Irwin Street, south of Rialto Avenue, west of Waterman Avenue; and MOTION 2: That Plan No. 12707 showing the proposed street vacation of a portion of Irwin Street, south of Rialto Avenue, west of Waterman Avenue, be approved. 18. Reject all bids for Sewer Improvements and Pavement Rehabilitation for Rialto Avenue from Lena Road to Tippecanoe Avenue (SW08-05), per Project Plan No. 12283. (See Attached) (No Cost to the City) Ward 1 MOTION: That all bids be rejected for Sewer Improvements and Pavement Rehabilitation for Rialto Avenue from Lena Road to Tippecanoe Avenue (SW08-05), per Project Plan No. 12283. 19. Resolution of the City of San Bernardino establishing a fair market value and sales price of $22,000 and declaring the intention of the City to sell City of San Bernardino Municipal Water Department owned property generally located northeasterly of Meyers Road and west of Martin Ranch Road to Montecito Equities, LTD. and setting a public hearing for November 15, 2010 at 4:00 p.m., to consider said sale. (See Attached) (No Cost to the City) Ward 5 MOTION: That the City Engineer be authorized to proceed with the sale of City Water Department property generally located northeasterly of Myers Road and west of Martin Ranch Road, and being a portion of APN 0348-101-76; and that said resolution be adopted. 20. Resolution of the City of San Bernardino authorizing the City Manager to execute agreements for services with Joseph E. Bonadiman & Associates, Inc., Parsons Brinkerhoff and Guida Surveying, Inc. for on-call surveying and map checking support. (Cost to the City - $130,000 from CIP Accounts & Plan Check Fees) (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to Nelson Paving and Grading Corporation in order to include asphalt paving and repair services at Medical Center Dr. from 9th St. to 16th St. (Cost to the City - $100,000 from CIP Budget Project SS11-003) (See Attached) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 22. Item deleted. 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 one-year extensions at the City's option to Fleet Pride for heavy-duty vehicle brake work, including the purchase of various related parts and supplies to be utilized by the Public Works Department, Fleet Division. (Cost to the City - $110,000 from Outside Vehicle Maintenance Account and Materials & Supplies Account) (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 24. Item deleted. 25. Resolution of the Mayor and Common Council of City of San Bernardino authorizing the City Manager to execute an Agreement for Professional Transportation Modeling Services with Srinivasa S. Bhat. (No Cost to the City - $50,000 to be reimbursed by Agencies and Developers) (See Attached) (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 on September 14, 2010 – Committee Members Present: Kelley, McCammack, Desjardins Fire 26. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the sub recipient agreement and budget detail worksheet for the FY 2010 Emergency Management Performance Grant to the San Bernardino County Fire Department, Office of Emergency Services. (Cost of $38,733 in Grant Revenues; $38,733 in match funds) (See Attached) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2010-2011 adopted budget to reflect the additional $10,933 funds above the budgeted amount in the Disaster Preparedness Reimbursement revenue account (Account No. 001-200-4615); and that said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Police 27. Public Hearing – An uncodified Ordinance of the Mayor and Common Council of the City of San Bernardino providing that the California Vehicle Code will be enforced within the San Bernardino International Airport and on properties owned by the Inland Valley Development Agency. FIRST READING (No Cost to the City) (See Attached) Ward 1 Mayor to open the hearing… MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. CONTINUED FROM OCTOBER 4, 2010 TO BE HEARD AT 4:30 P.M. Public Works 28. Public Hearing – sale of City property known as the Convention Center (No Cost to the City - $2,447,000 proceeds from the sale of property) (Backup distributed on October 4, 2010, Item No. 25.) Ward 1 (Item Continued to Next Page) 28. Continued. Resolution of the City of San Bernardino approving the sale of 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 the granting of an appurtenant easement to the south, to the Redevelopment Agency of the City of San Bernardino and authorizing the execution of a Sales and Purchase Agreement and the execution of a Grant Deed for the sale of said property. (Resolution not available at time of printing.) The hearing remains open… MOTION: That the hearing be closed; and that said resolution be adopted. 29. Item deleted. END OF PUBLIC HEARINGS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM OCTOBER 4, 2010 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 R30. Joint Public Hearing – Pinewood Mountain Development, LLC – Lease Agreement for a Temporary Bus Transfer Facility (Carousel Mall) (No backup materials distributed on September 20, 2010, Item No. R35; item continued to October 4, 2010, Item No. R29.) (Staff Report not available at time of printing.) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the execution of a Master Lease Agreement for the redevelopment and reuse of the former JC Penney 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.) (Item Continued on Next Page) 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 (1) a Master Lease Agreement by and between the Agency and Pinewood Mountain Development, LLC (“Pine Mountain”) for the former JC Penney 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 Penney 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.) MOTION: That the matter be tabled. TO BE HEARD AT 4:30 P.M. R31. Public Hearing – Purchase of City owned property known as the Convention Center located west of City Hall, east of “E” Street, south of Court Street (See Attached) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and consenting to the sale of City property known as the Convention Center and making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the State College Redevelopment Project Area for the sale of said property (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 a Sale and Purchase Agreement for the purchase of the City owned property known as the Convention Center making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the State College Redevelopment Project Area for the sale of said property (Central City Redevelopment Project Area). Mayor to open the hearing… (Item Continued on Next Page) R31. Continued. MOTION: That the hearing be closed; and that said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on September 23, 2010 – Committee Members Present: Johnson, Marquez, Brinker R32. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing 1) that the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) execute Amendment No. 2 to the 2009 Neighborhood Stabilization Program Sub-Recipient Agreement by and between the Agency and Affordable Housing Solutions of San Bernardino, Inc. (“Sub-Recipient”) and 2) that the Interim Executive Director of the Agency be authorized to increase the capital allocation of the Agency’s Low and Moderate Income Set-Aside Funds in the amount of $4 million to the Sub-Recipient for the purpose of continuing its foreclosure mitigation activities. (See Attached) All Wards MOTION: That said resolution be adopted. R33. Recommended for approval at the Redevelopment Committee meeting on September 9, 2010 – Committee Members Present: Johnson, Marquez, Brinker 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 Ludwig Engineering for Aerial Topographic Mapping (Central City North, Central City South, Central City/Meadowbrook Redevelopment Project Areas). (See Attached) Ward 1 MOTION: That said resolution be adopted. R34. Item deleted. R35. Item deleted. R36. Item deleted. Recommended for approval at the Redevelopment Committee meeting on September 23, 2010 – Committee Members Present: Johnson, Marquez, Brinker R37. Neighborhood Stabilization Program (“NSP”) Quarterly Report for the period ending June 30, 2010 (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the quarterly report of the Neighborhood Stabilization Program for the period ending June 30, 2010, for the Redevelopment Agency of the City of San Bernardino. END OF COMMUNITY DEVELOPMENT COMMISSION 38. 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.) 39. 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, November 1, 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.