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HomeMy WebLinkAbout12-06-2010 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 MONDAY, DECEMBER 6, 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 9-12.) 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): Patrick LeBlanc v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 916657; San Bernardino Professional Firefighters; Brian Crowell and Byron Kuhn v. City of San Bernardino, San Bernardino City Civil Service Board; San Bernardino Fire Department; Fire Chief Michael Conrad - San Bernardino Superior Court, Case No. CIVDS 1012967. 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) James Kemp v. City of San Bernardino and County of San Bernardino 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: Fire Management G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 295 Carousel Mall, San Bernardino Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Donald Chae and Min Chae, Managers of PLACO San Bernardino, LLC (Carousel Mall). Under Negotiation:       Purchase price, terms and conditions. END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Don Beard – Historical Preservation Commission – Mayor Morris (See Attached) B. Ken Sousa – Police Commission – Council Member Kelley (Document not available at time of printing.) MOTION: That the appointment of Don Beard to the Historical Preservation Commission and Ken Sousa to the Police Commission, as requested by Mayor Morris and Council Member Kelley, 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 15 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. Item deleted. 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated November 18, 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 December 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 Attorney 9. Resolution of the Mayor and Common Council of the City of San Bernardino approving the retention of Boornazian, Jensen & Garthe to represent the City in the case entitled Landmark American Insurance Company v. City of San Bernardino, San Bernardino Superior Court, Case No. CIVDS 1015159. (Cost to the City – Not to exceed $25,000) All Wards MOTION: That said resolution be adopted. City Clerk 10. Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election held on the 2nd day of November 2010, declaring the results thereof and setting forth such other matters as are allowed by law. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. City Manager 11. Resolution of the Mayor and Common Council authorizing the formation of an advisory task force to assist in the preparation of the sustainability master plan for the City of San Bernardino. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Community Development LAID OVER FROM NOVEMBER 15, 2010 12. An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. FINAL READING (See New Backup Attached) (No Cost to the City) (Backup materials distributed on September 20, 2010, Item No. 28; item continued to October 4, 2010, Item No. 24; item continued to November 1, 2010, Item No. 27; item continued to November 15, 2010, Item No. 25.) Wards 1, 2, 3, 6 & 7 MOTION: That said ordinance be adopted. Human Resources 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the Consultant Services agreement between Atkinson, Andelson, Loya, Ruud and Romo and the City of San Bernardino for labor negotiator services in the Human Resources Department. (See Attached) (Cost to the City – Not to exceed $45,000 from Account No. 001-090-5502-0000-0053) MOTION: That said resolution be adopted. Public Works LAID OVER FROM NOVEMBER 15, 2010 14. Ordinance of the City of San Bernardino amending Section 10.52.050 of Chapter 10.52 of the San Bernardino Municipal Code to establish a fifty mile per hour speed limit on Alabama Street between Third Street and the southern city limits approximately 1/2 mile south of 3rd Street. FINAL READING (See New Backup Attached) (Cost to the City - $300 from Street Maintenance) (Backup distributed on November 15, 2010, Item No. 29.) Ward 1 MOTION: That said ordinance be adopted. 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase annual Purchase Order No. 211538 by $29,334.55 for a total purchase order amount of $41,000 to Securitas Security Services USA, Inc. for security guard services at the Feldheym Library. (See Attached) (Cost to the City - $29,334.55 from Building Maintenance Account) Ward 1 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Community Development Recommended for approval at the Legislative Review Committee meeting on November 16, 2010 – Committee Members Present: Marquez, Shorett 16. An Ordinance of the City of San Bernardino adding Chapter 16.18 to the San Bernardino Municipal Code regarding Unauthorized Signs on Public Property and repealing Section 8.15.130. FIRST READING (See Attached) (No Cost to the City) All Wards MOTION: That said ordinance be laid over for final adoption. Public Works Recommended for approval at the Grants Ad Hoc Committee meeting on November 9, 2010 – Committee Members Present: Kelley, McCammack, Desjardins 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of two project applications for FY 2010/11 Highway Safety Improvement Program (HSIP) Funding, Cycle 4. (See Attached) (Cost to the City - $34,050 local match from CIP funds) Wards 1 & 2 MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS Police TO BE HEARD AT 4:00 P.M. 18. Public Hearing – to consider the allocated Citizens’ Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund monies for FY 2010-2011 to supplement front-line law enforcement support services. (See Attached) (Cost to the City - $190,000 from FY 2010-2011 Citizens’ Option Grant and $315,981 from Patrol Field Services) All Wards Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated Citizens Option for Public Safety (COPS Option) monies for FY 2010-2011 to supplement front-line law enforcement support services. Mayor to open the hearing… MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS Public Works CONTINUED FROM NOVEMBER 15, 2010 19. Authorization to proceed – Sale of a portion of City Water Department property generally located northeasterly of Myers Road and west of Martin Ranch Road, and Resolution declaring property surplus, establishing fair market value and setting a public hearing. (See New Request for Council Action Attached) (No Cost to the City) (Backup distributed on October 18, 2010, Item No. 19; item continued to November 15, 2010, Item No. 26.) Ward 5 MOTION: That the matter be continued to January 24, 2011. CONTINUED FROM NOVEMBER 15, 2010 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement for Professional Transportation Modeling Services with Srinivasa S. Bhat. (Cost to the City - $50,000 to be reimbursed by Agencies and Developers) (Backup distributed on October 18, 2010, Item No. 25; item continued to November 1, 2010, Item No. 30; item continued to November 15, 2010, Item No. 27.) All Wards MOTION: That the matter be continued to January 10, 2011. END OF CONTINUED ITEMS STAFF REPORTS City Manager 21. Report from Measure Z Citizen’s Oversight Committee on Uses of Measure Z Funds- July 1, 2008 through June 30, 2009. (See Attached) (No Cost to the City) All Wards MOTION: That the report from the Measure Z Citizen’s Oversight Committee on Uses of Measure Z Funds – July 1, 2008 through June 30, 2009, be received and filed. Council Office 22. Workshops for City Council (See Attached) A. “Understanding our City’s Charter” B. “Understanding the Brown Act” MOTION: That the City Manager be directed to facilitate workshops for the City Council with the topics of “Understanding our City’s Charter” and “Understanding the Brown Act”. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. CONTINUED FROM NOVEMBER 1, 2010 R23. Joint Public Hearing – Merged Area A – 2010 Merged, Amended and Restated Redevelopment Plan and Program EIR (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas). (See New Backup Attached – EIR available at http://www.sbrda.org/edProjectMerger.html ) (No backup distributed on October 4, 2010, Item No. R30; item continued to November 1, 2010, Item No. R33.) Wards 1 & 3 (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino certifying the final Program Environmental Impact Report for the Merged, Amended and Restated Redevelopment Plan for the San Bernardino merged Redevelopment Project Area A for the proposed merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas; making findings pursuant to the California Environmental Quality Act, adopting a Mitigation Monitoring Program; and adopting a statement of overriding considerations. The hearing remains open… MOTION: That the hearing be closed; and that said resolution be adopted. Recommended for approval at the Redevelopment Committee on November 4, 2010 - Committee Members Present: Johnson, Brinker, Shorett (Alternate) R24. Single-Family Residence Revitalization Program First Quarter Report (July 1, 2010 through September 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 (July 1, 2010 through September 30, 2010) for the Redevelopment Agency of the City of San Bernardino. Recommended for approval at the Redevelopment Committee on November 4, 2010 - Committee Members Present: Johnson, Brinker, Shorett (Alternate) R25. Approval of Resolution of Issuance of the 2010 Joint Powers Financing Authority Taxable Recovery Zone Economic Development Bonds (4th Street Corridor Project) and Tax Allocation Bonds (Northwest Redevelopment Project Area) and the loan of the proceeds thereof to the Redevelopment Agency of the City of San Bernardino (Central City, Central City North, and Northwest Redevelopment Project Areas) (See Attached) All Wards (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 and authorizing the issuance by the San Bernardino Joint Powers Financing Authority of not to exceed $7,068,000 Recovery Zone Economic Development Bonds and $6,000,000 Tax Allocation Bonds and the borrowing by the Redevelopment Agency of the City of San Bernardino of the proceeds thereof in connection with the 4th Street Corridor Project and Northwest Redevelopment Project Area Infrastructure Projects, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (Resolution not available at time of printing.) (Item Continued on Next Page) R25. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 and authorizing on behalf of the Redevelopment Agency of the City of San Bernardino, the borrowing of funds from the San Bernardino Joint Powers Financing Authority in connection with the issuance of the not to exceed $7,068,000 Recovery Zone Economic Development Bonds and $6,000,000 Tax Allocation Bonds for the 4th Street Corridor Project and for the Northwest Redevelopment Project Area Infrastructure Projects, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (Joint Powers Financing Authority) C. Resolution of the San Bernardino Joint Powers Financing Authority authorizing the issuance of taxable Recovery Zone Economic Development Bonds in the amount not to exceed $7,068,000 and Tax Allocation Bonds in the amount not to exceed $6,000,000 for the 4th Street Corridor Project and the Northwest Redevelopment Project Area Infrastructure Projects, approving the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. MOTION: That said resolutions A-C, be adopted. Recommended for approval at the Redevelopment Committee on October 7, 2010 - Committee Members Present: Johnson, Brinker, Marquez R26. Lugo Senior Apartments, LLC (Meta Housing Corporation) - Acquisition and Development Loan Agreement for the redevelopment of 119 Units of senior housing (See Attached) Ward 1 (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute an Acquisition and Development Residual Receipts Loan Agreement by and between the Agency and Lugo Senior Apartments, LLC (IVDA Redevelopment Project Area - Affordable Senior Citizen Rental Housing Development) MOTION: That said Resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on November 4, 2010 - Committee Members Present:  Johnson, Brinker, Shorett (Alternate) R27. Agency Covenant Monitoring Quarterly Status Report for the period ending September 30, 2010 (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the Redevelopment Agency of the City of San Bernardino’s Covenant Monitoring Quarterly Status Report for the period ending September 30, 2010. END OF COMMUNITY DEVELOPMENT COMMISSION 28. 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.) 29. 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, December 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.