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HomeMy WebLinkAbout11-21-2011 Reg Metg Agenda CITY OF SALT B ERNARDINO AGENDA FORTHE REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION MONDAY, NOVEMBER 21, 2011 - 1:30 PM COUNCIL CHAMBERS • 300 NORTH"D"STREET • SAN BERNARDINO, CA 92418 • WWW.SBCITY.ORG Virginia Marquez Patrick J. Morris Wendy McCammack COUNCIL MEMBER,WARD 1 MAYOR COUNCIL MEMBER,WARD 7 Robert D. Jenkins y q yy Charles McNeely COUNCIL D'ISMBER,WARD 2 � ,1tniCJ ? CITYMANAGER Tobin Brinker 4� 7 James F. Penman ColuNCIi..MEMBER,WARD 3 CITY ATTORNEY r- ... Fred Shorett yy Rachel G. Clark,CMC CO ,:IL MEMBER,WARD Chas Kelley rpm' David Kennedy C'OUNCII.MEMBER,WARD 5 '� CITY TREASURER Rikke Van Johnson CoUNcu.MEMBER,WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. • 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. • All documents for public review are on file with the City Clerk's Office located on the 2^d floor of City Hall,300 North "D"Street San Bernardino or may be accessed online bygoing to http://www.sbcityorg. • Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip.Speaker slips should be turned in to staffseated on the north side of the Council chambers. • Public comments for agenda items that are not public hearings will be limited to three minutes. • Public comments for items that are not on the agenda will be limited to 3 minutes. • All who wish to speak, including Council members and staff,need to be recognized by the Mayor or Mayor Pro Tempore before speaking. • Please turn off or muteyour cell phone while the meeting is in session. Joint Regular Meeting Agenda November 21, 2011 CALL TO ORDER Attendee Name Present Absent Late Arrival Mayor Patrick J. Morris ❑ ❑ ❑ Council Member, Ward 1 Virginia Marquez ❑_ ❑ ❑ Council Member, Ward 2 Robert D. Jenkins ❑ ❑ ❑ Council Member, Ward 3 Tobin Brinker ❑ ❑ ❑ Council Member, Ward 4 Fred Shorett ❑ ❑ ❑ Council Member, Ward 5 Chas A. Kelley ❑ ❑ ❑ Council Member, Ward 6 Rikke Van Johnson ❑ ❑ ❑ Council Member, Ward 7 Wendy J. McCammack ❑ ❑ ❑ City Attorney James F. Penman ❑ ❑ ❑ City Clerk Rachel G. Clark ❑ ❑ ❑ City Manager Charles McNeely ❑ ❑ ❑ 1. CLOSED SESSION 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. Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation-pursuant to Government Code Section 54956.9(a): Joseph Block v. City - Workers Compensation Appeals Board, Case No. ADJ6992194; Maria Meiia, Salvador Meleoza, and Guadalupe Meleoza v. City of San Bernardino, et al. - United States District Court, Case No. EDCV 11-00452 VAP; Andrea Orona v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1008022; San Bernardino County Transportation Commission v. West Colony Community Association -San Bernardino Superior Court, Case No. CIVDS 1004025; Joe Taylor v. City of San Bernardino-San Bernardino Superior Court, Case No. CIVDS 1100841; Wells Fargo Bank, National Association v. Samer Kodeih, et al - San Bernardino �., Superior Court, Case No. CIVDS 1109915. Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/17/2011 Joint Regular Meeting Agenda November 21, 2011 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: Kendall Plaza LLC v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9: One(1) Case 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 Safety G. Conference with real property negotiator- pursuant to Government Code Section 54956.8. 2. APPOINTMENTS 3. PRESENTATIONS A. Citizens Academy Graduation B. Service Pin Awards Ceremony C. Commendation to Miss Cardinal 2011-2012 presented by Council Member Jenkins D. Citizen of the Month Award presented by Council Member Jenkins E. Student of the Month Award presented by Council Member Brinker F. Chamber of Commerce Announcements 4. ANNOUNCEMENTS © A. Announcements by Elected Officials and City Manager Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/17/1011 Joint Regular Meeting Agenda November 21, 2011 5. CON/SENT CALENDAR / / All C.onsant Calendar items are oonziacrea to be r..tina by tine City Council and will be e m Hatted by onotion. Thera will be no apara[a discussion of [has. items unless a Council mem(b�r or ot (+her in[erestaci parsons so request, in which even[ [he item will ba removed from tins Camssnt Cmisnda(r and considered in its normal saqu nce on tine agenda. Information nc.rning Consent ['.lanaar items is available for public rsuisw. MOTION: That the motions indicated by consent calendar items be adopted. A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Opposing the Closure of the CalTrans Transportation Permit Office in the City of San Bernardino [Ward(s): All] Motion: Adopt resolution. B. City Clerk Council Minutes [Ward(s): All] 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: September 19, 2011 (Distributed 11/14/11) October 3,2011 (Distributed 11/14/11) C. City Clerk Waive Full Reading of Resolutions and Ordinances [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated November 21, 2011. D. City Clerk Mayor and Common Council and Community Development Commission Regular Meeting Dates for 2012. [Ward(s): All] Motion: Approve the following dates for regular meetings of the Mayor and Common Council/Community Development Commission for the year 2012: January 9 and 23; February 6 and 21 (Tuesday due to holiday); March 5 and 19; April 2 and 16; May 7 and 21; June 4 and 18; July 2 and 16; August 6 and 20; September 4 (Tuesday due to holiday) and 17; October 1 and 15; November 5 and 19; December 3 and 17. i Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/17/2011 Joint Regular Meeting Agenda November 21, 2011 E. Civil Service Personnel Actions -Classified [Ward(s): All] Motion: Approve and ratify the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. F. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Parks, Recreation and Community Services to Execute a Memorandum of Understanding with the American Red Cross Inland Empire Chapter for the Use of Park Buildings, Grounds, and Equipment as Mass Care Shelters in the Event of a Disaster. [Ward(s): All] Motion: Adopt resolution. G. Public Works Reject All Bids for Energy Efficiency Lighting Upgrade at City Hall. [Ward(s): 1] Motion: Reject all bids for Energy Efficiency Lighting upgrade at City Hall. H. Public Works Reject All Bids for Energy Efficiency Lighting Upgrade at the Norman Feldheym Central Library. [Ward(s): 11 Motion: Reject all bids for Energy Efficiency Lighting Upgrade at the Norman Feldheym Central Library. I. Public Works Reject All Bids for Energy Efficiency Lighting Upgrade at the Police Department Building. [Ward(s): 11 Motion: Reject all bids for Energy Efficiency Lighting upgrade at the Police Department Building. Mayor and Common Council of the City ofSan Bernardino Page 5 Printed 11/17/2011 Joint Regular Meeting Agenda November 21, 2011 J. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of the Application for Waste Tire Enforcement Grant Funds from the California Department of Resources Recycling and Recovery (Calrecycle). [Ward(s): All] Motion: Adopt resolution. IC Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Declaring Its Intention to Order the Vacation of a Portion of Spruce Street Between Mt. Vernon Avenue and a North-South Alley Approximately 150 Feet West of Mt. Vernon Avenue and Reserving Utility Easements Therein. [Ward(s): 1] Motion: Adopt resolution. 6. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. A. Community Development A Resolution of the Mayor and Common Council of the City of San Bernardino Approving First Amendment to Development Agreement No. 91-01 Between the City of San Bernardino and the Developer of the Inland Center Mall, Located at 500 South Inland Center Drive. [Ward(s): 31 The hearing remains open from October 17,2011. Motion: those public hearing and adapt resolution. 7. CONTINUED ITEMS A. Human Resources Resolution Authorizing the Execution of Amendment No. 2 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. [Ward(s): All] Motion: That said resolution be adopted. Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/17/1011 Joint Regular Meeting Agenda November 21, 2011 8. STAFF REPORTS / A. City Attorney Budget Amendment for the Office of the City Attorney to Pay Billings from Outside Legal Counsel for Services Rendered and to Pay Litigation Expenses Previously Incurred. [Ward(s): All] Motion 1: That $140,884.93 be transferred from the unappropriated budget reserve balance to line item# 001-050-5503 (Litigation/Outside Counsel) and that $26,771.75 be transferred from the unappropriated budget reserve balance to line item 001-050-5177, (Litigation Expenses). or,in the alternative, Motion 2: That $622,652 be transferred from the unappropriated budget reserve balance to line item# 001-050-5503 (Litigation/Outside Counsel) and that $300,636 be transferred from the unappropriated budget reserve balance to line item#001-050-5177 (Litigation Expenses). 9. COMMUNITY DEVELOPMENT COMMISSION A. Economic Development Aeencv i Homebuyer Assistance Program Report for the Quarter Ending June 30, 2011; �•r Authorization for AHS to Serve as the Lender for HAP Loans [Ward(s): AH] Motion: Receive and file Quarterly Report of the Homebuyer Assistance Program activities for the Redevelopment Agency of the City of San Bernardino and authorize AHS to serve as the lender of HAP loans. B. Economic Develonment Aeencv Loan Monitoring Status Report for the Period Ending June 30, 2011 [Ward(s): All] Motion: Receive and file Loan Monitoring Quarterly Report for the Redevelopment Agency of the City of San Bernardino. C. Economic Development Agency Covenant Monitoring Quarterly Status Report for the Period Ending June 30, 2011 [Ward(s): All] Motion: Receive and file Covenant Monitoring Quarterly Report for the Redevelopment Agency of the City of San Bernardino. Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/17/1011 Joint Regular Meeting Agenda November 21, 2011 D. Economic Development Agency Discussion and Update on the Status of the Proposed Regal Lease Transaction for the Downtown Cinema Project and Community Development Commission Recommendations to the San Bernardino Economic Development Corporation [Ward(s): 11 Motion: The Community Development Commission of the City of San Bernardino recommends to the San Bernardino Economic Development Corporation approval and final execution of the proposed Regal Lease for the Downtown Cinema Project. E. Economic Development Agency Resolution of the Community Development Commission of the City of San Bernardino Approving and Authorizing the First Amendment to Contract Dated July 21, 2010, the 2010-HUD Section 108 Loan Refinance Contract Documents for Implementation of Substitution of Collateral and Authorizing the Execution of Said First Amendment for Substitution of Collateral for Loan Guarantee Assistance Under Section 108 of the Housing and Community Development Act of 1974, as Amended, 42, U.S.C. §5308 for Series HUD 2010-A Certificates (CDBG Section 108 Contract No. B-96-MC-06-0539). (Central City North Redevelopment Project Area). [Ward(s): 1] Motion: Adopt resolution. w F. Economic Development Aaencv Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Authorizing the First Amendment to Contract Dated July 21, 2010, the 2010-HUD Section 108 Loan Refinance Contract Documents for Implementation of Substitution of Collateral and Authorizing the Execution of Said First Amendment for Substitution of Collateral for Loan Guarantee Assistance Under Section 108 of the Housing and Community Development Act of 1974, as Amended, 42, U.S.C. §5308 for Series HUD 2010-A Certificates (CDBG Section 108 Contract No. 13-96-MC-06-0539) (Central City North Redevelopment Project Area). [Ward(s): 1] Motion: Adopt resolution. G. Economic Development Aaencv Resolution of the Community Development Commission of the City of San Bernardino to Approve and Authorize the Transmittal of the Preliminary Report to Each Affected Taxing Entity and Forward the Draft Redevelopment Plan to the Planning Commission of the City of San Bernardino for Their Report and Recommendation for the Merged, Amended, and Restated Redevelopment Plan for the Proposed San Bernardino Merged Redevelopment Project Area B (State College, Central City West, Northwest, Mount Vernon Corridor, 40Th Street Redevelopment Project Areas) and Added Areas. [Ward(s): All] Motion: Adopt resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 11117/1011 Joint Regular Meeting Agenda November 21, 2011 H. Economic Development Auencv Resolution of the Community Development Commission of the City of San Bernardino to Approve and Authorize the Transmittal of the Preliminary Report, Dealing with the Uptown Redevelopment Project Area, to Each Affected Taxing Entity and Forward the Draft Redevelopment Plan, Dealing with the Uptown Redevelopment Project Area,to the Planning Commission of the City of San Bernardino for Their Report and Recommendation for the Merged, Amended, and Restated Redevelopment Plan for the Proposed San Bernardino Merged Redevelopment Project Area B and Added Areas. [Ward(s): 71 Motion: Adopt resolution. 10. 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.) 11. ADJOURNMENT NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., December S, 2011, 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. QPublic comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and Common Council of the City of San Bernardino Page 9 Printed 11/17/2011