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HomeMy WebLinkAbout01-04-2010 Reg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 4, 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.) 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): 1 Case file under seal 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: Citizens for Responsible Equitable Environmental Development v. City Inland Communities Corp. v. City of San Bernardino (Paradise Hills) C. Confer ence 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 City of San Bernardino v. Hudson Theater 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. (Item Continued on Next Page) 1. Continued. 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. 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 13 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 December 2, 2009, 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 December 29, 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 DECEMBER 21, 2009 Development Services 8. An Ordinance of the City of San Bernardino adding Chapter 17.07 to the San Bernardino Municipal Code as the Water Efficient Landscape Ordinance. FINAL READING (Item continued from December 21, 2009, Item No. 30.) All Wards MOTION: That said ordinance be adopted. 9. Item deleted. Police 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to submit the Gang Reduction, Intervention and Prevention (CALGRIP) Grant from the California Office of Emergency Services and accept the grant award for the CALGRIP Grant. (See Attached) (No Cost to the City - $400,00 in Grant Revenue) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 11. Item deleted. 12. Item deleted. Parks, Recreation & Community Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Contract 07-481 A-4 with the County of San Bernardino Department of Aging and Adult Services (DAAS), accepting the amount of $28,500 to supplement program expenses for Fiscal Year 09/10 as recipients of American Recovery and Reinvestment Act (ARRA) Stimulus Funds. (See Attached) (Cost to the City- $28,500 from Grant Funding) (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 Personnel Committee meeting of December 29, 2009 – Committee Members Present: Estrada, Kelley Human Resources 14. Establish part-time classifications of Community Relations Assistant and Police Cadet in the Police Department (See Attached) MOTION: That the classification of Community Relations Assistant be established, Range 440, $22.98 - $27.94 per hour; that the classification of Police Cadet be established, Range P/T, $13.50 - $15.50 per hour; that the job descriptions for Community Relations Assistant and Police Cadet be approved; and that the Human Resources Department be authorized to update Resolution 2008-20. END OF COMMITTEE CONSENT CONTINUED ITEMS CONTINUED FROM DECEMBER 21, 2009 Development Services 15. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement with the County of San Bernardino for the maintenance of a portion of Old Waterman Canyon road lying outside of the area annexed to the City as Annexation No. 360 in the Arrowhead Springs area. (No Cost to the City) (Item continued from December 21, 2009, Item No. 11) (Resolution not available at time of printing.) Ward 4 MOTION: That the matter be continued to January 19, 2010. CONTINUED FROM DECEMBER 21, 2009 Parks, Recreation & Community Services 16. 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 $70,600 with two (2) one-year extensions at the City’s option between the City of San Bernardino and Inland Empire Landscape, Inc. for supplemental as needed landscape maintenance services throughout the City of San Bernardino. (See New Staff Report Attached) (Cost to the City - $70,600; $10,000 from Account No. 133-461-5506 Baseball Stadium Fund; $10,000 from Account No. 106-441-5506 Cemetery Fund; $18,600 from Account No. 001-382-5506 General Fund Parks Maintenance; $33,000 from Account No. 001-382-5505 General Fund Parks Maintenance) (Item continued from December 21, 2009, Item No. 15.) All Wards (Item Continued on Next Page) 16. Continued. MOTION: That the matter be continued to January 19, 2010. CONTINUED FROM DECEMBER 21, 2009 Parks, Recreation & Community Services 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Operating Services Agreement with Major League Softball, Inc. (MLS) and the City of San Bernardino for the organization and management of the Parks, Recreation and Community Services Department’s adult softball and adult baseball programs; MLS is granted use of Encanto Field from January 1, 2010 through December 31, 2010 with two (2) optional one-year renewals; and use of Fiscalini Field from May 28, 2010 through October 31, 2010, with the option of one (1) one-year renewal. (See New Staff Report Attached) (No Cost to the City – Anticipated Revenue of $4,000) (Item continued from December 21, 2009, Item No. 17.) (Resolution not available at time of printing.) Wards 2 & 6 MOTION: That said resolution be adopted. END OF CONTINUED ITEMS PLANNING ITEMS TO BE HEARD AT 4:30 P.M. Development Services 18. Appeal Hearing - An appeal of the Planning Commission’s approval of Conditional Use Permit No. 07-15, a request to expand an existing 129,794 square foot retail commercial building by 41,644 square feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of Highland Avenue at the intersection with Boulder Avenue, at 4210 East Highland Avenue in the CG-1, Commercial General land use district (Appeal No. 09-03) (See Attached) (No Cost to the City) Ward 4 Applicant/Owner: Wal-Mart Real Estate Business Trust c/o: Jennifer Guenther Gresham Savage Nolan & Tilden, PC 550 East Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 (Item Continued on Next Page) 18. Continued. Appellant: Citizens for Responsible Equitable Environmental Development (CREED) c/o: Cory J. Briggs, Briggs Law Corporation 99 East “C” Street, Suite 111 Upland, CA 91786 Mayor to open the hearing… MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission’s approval of Conditional Use Permit No. 07-15 based on the Findings of Fact in the Planning Commission Staff Report and Resolution. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION R19. Item deleted. R20. Item deleted. R21. Item deleted. Recommended for approval at the Redevelopment Committee meeting on December 10, 2009 - Committee Members Present: Johnson, Brinker, Shorett (alternate) R22. Rosenow Spevacek Group, Inc. (“RSG”) - Professional Services Agreement – Key Program and Compliance Monitoring Services for defined portions of its federally funded Neighborhood Stabilization Program (“NSP”) in addition to other Agency housing programs utilizing Redevelopment Housing Set-Aside Funds and HOME Funds (See Attached) All Wards (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 Rosenow Spevacek Group, Inc., for program and compliance monitoring services for defined portions of the Neighborhood Stabilization Program (“NSP”) and other Agency housing programs. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on December 10, 2009 - Committee Members Present: Johnson, Brinker, Shorett (alternate) R23. Recommend the Inland Empire Affordable Housing Organization, LLC, as an additional intermediary services provider in support of the Neighborhood Stabilization Program (“NSP”) (See Attached) All Wards (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 enter into a Master Agreement with Inland Empire Affordable Housing Organization, LLC (“Developer”), as originally identified through the NSP Intermediary Services RFP procurement process. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on December 10, 2009 - Committee Members Present: Johnson, Brinker, Shorett (alternate) R24. Inland Empire Concerned African American Churches, Memorandum of Understanding for the acquisition and redevelopment of residential properties (The IECAAC Affordable Housing Program) (See Attached) All Wards (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 the 2009 Memorandum of Understanding by and between the Agency and Inland Empire Concerned African American Churches (The IECAAC Affordable Housing Program). MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION City Attorney 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Attorney to execute a three-year contract with Thomson-West to provide on-line legal research services (Westlaw) to the City Attorney's Office and to authorize the issuance of a purchase order. (See Attached) MOTION: That said resolution be adopted. City Attorney 26. Resolution of the Mayor and Common Council of the City of San Bernardino, California, ratifying the retention of Andrew I. Roth, Attorney at Law by the staff of the San Bernardino City Attorney’s Office, in an amount not to exceed $3,920, for representation regarding “PC 290 registrant working at Church of the Nazarene” memo investigation. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 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.) 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, January 19, 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.