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HomeMy WebLinkAbout01-19-2010 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 Fred Shorett 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 TUESDAY, JANUARY 19, 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 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 is on page 8.) 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 nd 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 subject to staff?s ability to post the documents before the meetings. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 01/19/2010 1 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): Barnes, Yvonne v. City of San Bernardino, et al. ? San Bernardino County Superior Court, Case No. CIVSS 807102; Barnes, Yvonne v. City of San Bernardino, et al. ? San Bernardino County Superior Court, Case No. CIVDS 908096; Citizens for Responsible Equitable Environmental Development v. City ? San Bernardino County Superior Court, Case No. CIVDS 918169; Little, Judith, et al., v. City, et al. ? U.S. District Court, Case No CV- 09-06068 SVW (Cwx); Markham, Terrell, et al. v. City of San Bernardino, et al. ? U.S. District Court, Case No. CV09-08455 ODW (DTBx); Moss, Richard ?Scott?, et al. v. City of San Bernardino, et al. ? United States District Court, Case No. EDCV 07-01027 SGL (Opx); Nash, Terry, Estate of, et al. v. City of San Bernardino, et al. ? U.S. District Court, Case No. CV09-08671 RGK (FFMx); Street, Michael, v. City, et al. ? San Bernardino County Superior Court, Case No. CIVDS 910518. (Item Continued on Next Page) 01/19/2010 2 1. Continued. 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) 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 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. 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: Central City North Redevelopment Project Area 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 Moctesuma Esparza on behalf of Maya Cinemas North America, Inc. Under Negotiations: Purchase price, terms and conditions. END OF CLOSED SESSION 01/19/2010 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointment ? Esther Jimenez ? Civil Service Board ? Mayor Morris MOTION: That the appointment of Esther Jimenez to the Civil Service Board, as requested by Mayor Morris, 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 8 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 7, 2009 (Distributed 1/11/2010) 01/19/2010 4 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 4, 2010, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (Document not available at time of printing.) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated January 13, 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. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting of January 12, 2010 ? Committee Members Present: Baxter, Johnson Parks, Recreation and Community Services 9. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a Senior Nutrition Program grant application through the County of San Bernardino Department of Aging and Adult Services (DAAS) for Senior Nutrition Services for the period of July 1, 2010 through June 30, 2011. (See Attached) (Cost to the City - $60,600 from Grant Funding) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Ad Hoc Committee meeting of March 31, 2009 ? Committee Members Present: Baxter, Estrada, Johnson Public Services 10. Resolution ratifying submittal of a grant application and authorizing the City Manager to administer the FY 08/09 MSRC Funding Local Government Match Program in the amount of $250,000 to assist in the purchase of (10) LNG refuse trucks to be utilized by the Public Services Department, IWM Division and authorizing the City Manager to execute a contract accepting the grant. (See Attached) (No Cost to the City ? Grant Revenues of $250,000) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT 01/19/2010 5 CONTINUED ITEMS CONTINUED FROM JANUARY 4, 2010 Development Services 11. 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. (See Resolution Attached) (No Cost to the City) (Backup material distributed on December 21, 2009, Item No. 11; item continued to January 4, 2010, Item No. 15.) Ward 4 MOTION: That the said resolution be adopted. CONTINUED FROM JANUARY 4, 2010 Parks, Recreation & Community Services 12. 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. (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) (Backup material distributed on December 21, 2009, Item No. 15; item continued to January 4, 2010, Item No. 16.) All Wards MOTION: That the matter be tabled. CONTINUED FROM JANUARY 4, 2010 Parks, Recreation & Community Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an 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 Park 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 and Resolution Attached) (No Cost to the City ? Anticipated Revenue of $4,000) (Backup material distributed on December 21, 2009, Item No. 17; item continued to January 4, 2010, Item No. 17.) Wards 2 & 6 (Item Continued on Next Page) 01/19/2010 6 13. Continued. MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS Public Services 14. An Urgency Ordinance of the City of San Bernardino amending the definition of ?Roll-off Bin? contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code and declaring the urgency thereof. URGENCY (See Attached) (No Cost to the City) All Wards MOTION: That said urgency ordinance be adopted. END OF STAFF REPORTS PLANNING ITEMS CONTINUED FROM JANUARY 4, 2010 TO BE HEARD AT 4:30 P.M. Development Services 15. 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) (No Cost to the City) (Backup material distributed on January 4, 2010, Item No. 18.) 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 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 (Item Continued on Next Page) 01/19/2010 7 15. Continued. The hearing remains open? MOTION: That the matter be continued to February 1, 2010. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION R16. Ratify the submittal of an application to the California Energy Commission for State Energy Program Funds. (See Attached) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to and ratifying submission of a grant application to the California Energy Commission for State Energy Program Funds. MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 17. 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.) 18. 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, February 1, 2010, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 01/19/2010 8 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. 01/19/2010 9