HomeMy WebLinkAbout02-02-2009 Reg Agenda
Mayor Patrick J. Morris
CITY OF SAN BERNARDINO
Council Members:
Esther Estrada
300 N. ?D? Street
Dennis J. Baxter
San Bernardino, CA 92418
Tobin Brinker
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4Ward - Vacant
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, FEBRUARY 2, 2009 ? 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 8-9 & 11.)
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
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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.
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):
In the Matter of the Industrial Disability Retirement Application of
Garrett Zimmon and the City of San Bernardino ? OAH Case No.
2007080890;
Koster v. San Bernardino City Fire Department, et al. ? San Bernardino
County Superior Court, Case No. SCVSS 811048;
Alvarez, Jaime, et al. ? USDCCV ? 00-03048 PA (Rcx);
Rodriguez v. Patton, et al. ? San Bernardino County Superior Court,
Case No. CIVSS 808201.
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)
California Aviation Services, Inc. v. City of San Bernardino
Helper, Linda & Guerra, Jerry
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
(Item Continued on Next Page)
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1. Continued.
D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Chief of Police
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 Unit
Police Safety Unit
Police Management Unit
Management/Confidential
Mid-Management Unit
General Unit
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 the
City, and Moctesuma Esparza, CEO
and Founder on behalf of Maya
Cinemas.
Under Negotiation: Purchase price, loan terms and
conditions.
END OF CLOSED SESSION
02/02/2009
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed 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
16 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: December 15, 2008 (Distributed 1/26/09)
January 5, 2009 (Distributed 1/26/09)
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated January 22, 2009,
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 January 22, 2009, 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.
LAID OVER FROM JANUARY 20, 2009
City Attorney
9. An Ordinance of the City of San Bernardino amending Chapter 15.24 of the San
Bernardino Municipal Code relating to property maintenance requirements.
FINAL READING All Wards
MOTION: That said ordinance be adopted.
Development Services
10. Authorize the Director of Development Services to execute Contract Change
Order Number One with Nikola Construction Corporation for sewer
improvements in Industrial Parkway, Tippecanoe Avenue, and ?I? Street and
Pavement Rehabilitation on Sterling Avenue (SW05-05, SW05-06, SW04-36, &
SS06-56), per Project Plan No. 11923A. (See Attached) (Cost to the City -
$100,774.25 from Infrastructure Loan and Sewer Line Construction Fund)
Wards 1, 6, & 7
MOTION: That the Director of Development Services be authorized to
execute Contract Change Order Number One with Nikola
Construction Corporation for Sewer improvements in Industrial
Parkway, Tippecanoe Avenue, and ?I? Street and Pavement
Rehabilitation on Sterling Avenue (SW05-05, SW05-06, SW04-
36 & SS06-56), per Project Plan No. 11923A.
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11. Resolution of the City of San Bernardino establishing a fair market value and
sales price of $527,323 and declaring the intention of the City to sell City of San
Bernardino Municipal Water Department owned property generally located
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south of 9 Street and west of ?H? Street to the State of California Department
of Transportation relative to the widening of the I-215 freeway and setting a
public hearing for March 2, 2009 at 4:00 p.m., to consider said sale. (See
Attached) (No Cost to the City) Ward 1
MOTION: That the Director of Development Services be authorized to
proceed with the sale of a portion of City of San Bernardino
Municipal Water Department owned real property to Caltrans
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generally located south of 9 Street and west of ?H? Street (APN
0140-191-41); and that said resolution be adopted.
12. Item deleted.
Fire
13. Resolution of the City of San Bernardino amending Resolution 2008-149
establishing a fee for Fire Department removal of hazardous materials spills
resulting from traffic collisions. (See Attached) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2008-2009 Adopted Budget and
decrease General Fund revenue associated to Haz Mat cleanup
included in Account No. 001-000-4709 by $195,000 (rounded)
from $477,500 to a new total of $281,600; that a new revenue
account for this fee with a budget of $79,200 be established; and
that the expenditures in the amount of $47,500 (rounded)
associated with this program be incorporated into the FY 2008-
2009 Fire Department Budget by appropriating $47,500 from the
General Fund Budget Reserve.
Parks, Recreation & Community Development
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Interim City Manager to execute Amendment No. 1 to the
vendor service agreement with Golden West Landscape Contractor, and the
Director of Finance to increase the following contracts by the stated amounts:
Contract Nos. 09-054 (Area ?D?) - $12,176; 09-047 (Area ?F?) - $11,708: 09-
048 (Area ?G") - $78,114; 09-049 (Area ?H?) - $92,558; and 09-053 (Area
?I?) - $5,703 issued to Golden West Landscape Contractor for landscape
maintenance services in Landscape Maintenance Districts Areas ?D?, ?F?,
?G?, ?H? and ?I? for the term February 2, 2009 through January 31, 2010.
(See Attached) (Cost to the City - $200,259 from Various Assessment District
Funds) Wards 3, 4, & 6
(Item Continued on Next Page)
02/02/2009
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14. Continued.
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the template letter of agreement in concept, and authorizing the
Interim City Manager to execute a KaBOOM! Outreach statement on behalf of
the City of San Bernardino as required for consideration for a community-build
playground proposed for construction at the Rudy C. Hernandez Community
Center located at Meadowbrook Park. (See Attached) (No Cost to the City -
$10,000 from Fund Raising Activities) Ward 1
MOTION: That said resolution be adopted.
16. Item deleted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Ways and Means Committee Meeting
January 21, 2009 ? Committee Members Present: Kelley, Baxter, Brinker
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of an agreement with the San Bernardino Black Culture
Foundation for financial assistance from the Civic and Promotion Fund for FY
2008-09. (See Attached) (Cost to the City - $4,500 direct and $21,331 indirect
from the Cultural Development Fund) Ward 1
MOTION: That said resolution be adopted; and that the Mayor and Common
Council authorize direct funding in amount of $4,500 and indirect
funding in the amount of $21,331 be transferred from the 2008-
09 Civic and Promotion Fund to various City departmental
accounts as listed in the attached staff report dated January 12,
2009 from Interim City Manager, Mark Weinberg; and authorize
a waiver of fees and use of City personnel and equipment to assist
with the 2009 Black History Parade scheduled for February 7,
2009.
END OF COMMITTEE CONSENT
02/02/2009
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STAFF REPORTS
City Manager
18. Budget Workshop (EDA Board Room)
MOTION: That the matter be discussed and possible action taken regarding
budget balancing measures for the FY 08/09 and FY 09/10
budgets.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM JANUARY 20, 2009
Recommended for approval at the Redevelopment Committee Meeting on
November 20, 2008 ? Committee Members Present: Estrada, Baxter,
Johnson
R19. Recommend transfer of personnel and certain assets of the City to the Agency
related to the CATV Division (See Attached) (No backup material was
distributed on January 20, 2009, Item No. R39.) All Wards
(Mayor and Common Council)
Resolution of the Mayor and Common Council of the City of San Bernardino
approving the transfer of personnel and certain assets of the City related to the
CATV Division and the restructuring thereof within the Redevelopment Agency
of the City of San Bernardino and approving and authorizing execution of an
Asset and Personnel Transfer Agreement.
(Community Development Commission)
Resolution of the Community Development Commission of the City of San
Bernardino concurring with Mayor and Common Council resolution approving
the transfer of personnel and certain assets of the City related to the CATV
Division and the restructuring thereof within the Redevelopment Agency of the
City of San Bernardino and approving and authorizing execution of an asset and
personnel transfer agreement.
MOTION: That said resolutions be adopted.
02/02/2009
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CONTINUED FROM JANUARY 20, 2009
Recommended for approval at the Redevelopment Committee Meeting on
December 18, 2008 ? Committee Member Present: Baxter and Johnson
R20. Watson-Westridge, LLC ? Amendment No. 1 to the 2005 Disposition and
Development Agreement (144.52-Acre Residential Development located north
of Foothill Drive and east of Sterling Ave) (New Request for Council Action
Attached) (Backup material was distributed on January 20, 2009, Item No.
R38.) Ward 4
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 2005 Disposition and Development Agreement by and
between the Agency and Watson-Westridge, LLC (?Developer?) (144.52-acre
residential development located north of Foothill Drive and East of Sterling
Avenue).
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee Meeting on
January 22, 2009 ? Committee Members Present: Johnson, Baxter and
Brinker
R21. Formation of a Property and Business Improvement District (?PBID?) for the
San Bernardino Auto Center (Southeast Industrial Park and IVDA
Redevelopment Project Areas) (See Attached) Ward 3
Resolution of Intent of the Mayor and Common Council of the City of San
Bernardino providing for the formation of a Property and Business Improvement
District within a certain area of the City of San Bernardino and taking other
actions in connection therewith (Auto Center PBID) (Southeast Industrial Park
and IVDA Redevelopment Project Areas).
MOTION: That said resolution be adopted.
R22. Implementation of the Maya Cinemas North America, Inc., Disposition and
Development Agreement (See Attached) Ward 1
MOTION: That the Mayor and Common Council of the City of San
Bernardino authorize the submittal of a HUD Section 108 Loan
Application to the U.S. Department of Housing and Urban
Development.
END OF COMMUNITY DEVELOPMENT COMMISSION
02/02/2009
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PLANNING ITEMS
TO BE HEARD AT 4:30 P.M.
Development Services
23. Public hearing - General Plan Amendment No. 07-01 & Conditional Use Permit
No. 07-34 ? A request to change the General Plan land use designation of a
17,516 square foot parcel from RS, Residential Suburban to CG-1, Commercial
General, with a request to construct a 3,600 square foot multi-tenant retail
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building on the site located at the northeast corner of 30 and ?E? Streets. (See
Attached) (No Cost to the City) Ward 7
Owner/Applicant: Allan Steward
1257 West Colton Avenue
Redlands, CA 92374
Resolution of the City of San Bernardino adopting General Plan Amendment
No. 07-01 to the General Plan of the City of San Bernardino to change the
General Plan Land Use Designation from RS, Residential Suburban, to CG-1
Commercial General, and approving Conditional Use Permit No. 07-34 to
permit construction of a multi-tenant retail building on a 17,516 square foot
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parcel located at the northeast corner of 30 and ?E? Streets.
Mayor to open hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
TO BE HEARD AT 4:30 P.M.
Development Services
24. Appeal hearing - Conditional Use Permit No. 07-25 (Appeal No. 08-06) ?
Appeal of the Planning Commission?s denial of a Conditional Use Permit to
construct a 1,893 square foot drive-thru restaurant and 3,440 square foot retail
building on a 29,537 square foot parcel located at the southeast corner of
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Waterman Avenue and 29 Street in the CG-1, Commercial General land use
district. (See Attached) (No Cost to the City) Ward 7
Owner: Segal Family Partnership
Robert Segal, Trustee
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1250 6 Street, Suite 400
Santa Monica, CA 90401
(Item Continued on Next Page)
02/02/2009
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24. Continued.
Appellant: Citicom Development
Allan Steward
1257 W. Colton Ave.
Redlands, CA 92374
Mayor to open hearing . . .
MOTION: That the matter be continued to February 17, 2009.
END OF PLANNING ITEMS
Recommended for approval at the Redevelopment Committee Meeting on
January 8, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R25. Resolution of the Community Development Commission of the City of San
Bernardino, California, approving an Agreement with June Durr, Marketing and
Public Relations Consultant, and authorizing execution thereof, providing for
professional marketing and public relations consultant services. (See Attached)
All Wards
MOTION: That said resolution be adopted.
City Attorney
26. Report on final disposition of State Bar Complaint against City Attorney James
F. Penman filed by Arthur Margolis on behalf of Judith Valles Case No. 05-
17429/08-0-10457. (Staff Report not available at time of printing.)
MOTION: That the Mayor and Common Council authorize services of Erica
Tabachnick, Attorney at Law, for City Attorney?s Office ethics
issues in an amount not to exceed $1,500.
27. 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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28. 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., Tuesday, February 17, 2009, 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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