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HomeMy WebLinkAbout02-01-2010 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 MONDAY, FEBRUARY 1, 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 are on page 10.) 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: ___________________________________________ 02/01/2010 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): Paul Belinski v. City of San Bernardino, et al. - United States District Court, Case No. CV 08-8571 PSG (MANx); People of the State of California v. HW Lit Interchange, L.P., et al. - San Bernardino Count Superior Court, Case No. CIVDS 906373; People of the State of California v. Hillwood Enterprises, L.P. et al. - San Bernardino County Superior Court, Case No. CIVDS 906373; Manta Management Corporation v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVSS 813499; Citizens for Responsible Equitable Environmental Development v. City - San Bernardino County Superior Court, Case No. CIVDS 918169; People v. Margaret Sherman, et al. - San Bernardino County Superior Court, Case No. SIVDS 917881. 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) (Item Continued on Next Page) 02/01/2010 2 1. Continued. 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. G. Conference with real property negotiator ? pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 02/01/2010 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Scott Johnson ? Appointment - Parks and Recreation Commission ? Mayor Morris. (See Attached) B. Rafael R. Rawls ? Reappointment - Community Development Citizens Advisory Committee ? Council Member Johnson (See Attached) MOTION: That the appointment of Scott Johnson to the Parks and Recreation Commission, and the reappointment of Rafael R. Rawls to the Community Development Citizens Advisory Committee, as requested by Mayor Morris and Council Member Johnson, 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 23 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. 02/01/2010 4 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 21, 2009 (Distributed 1/25/2010) January 4, 2010 (Distributed 1/25/2010) 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 14, 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 January 28, 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. Animal Control 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement by and between the City of San Bernardino and JW Sharer Facilities Services, LLC for assistance in the development and formation of a Regional Animal Shelter Joint Powers Authority pursuant to Municipal Code Chapter 3.04.010(B)(3). (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Attorney 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Mekione Samatua, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 917832. (See Attached) MOTION: That said resolution be adopted. 02/01/2010 5 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, McElhaney & Beckett and the City of San Bernardino for legal services in the case of Terrell Markham, et al. v. City of San Bernardino, et al., United States District Court Case No. CV 09-08455-ODW. (See Attached) MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Estate of Terry Nash, et al. v. City of San Bernardino, et al., United States District Court Case No. CA 09-08671-RGK. (See Attached) MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Judith Little, et al. v. City of San Bernardino, et al., United States District Court Case No. CV 09-06068-SVW. (See Attached) MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Yvonne Barnes, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSS 807102. (See Attached) MOTION: That said resolution be adopted. 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Yvonne Barnes, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 908096. (See Attached) MOTION: That said resolution be adopted. 02/01/2010 6 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, McElhaney & Beckett and the City of San Bernardino for legal services in the case of Michael Street v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 910518. (See Attached) MOTION: That said resolution be adopted. City Manager 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of the Energy Efficiency and Conservation Strategy, and application for the remaining $1,704,600 for programs and projects to be funded through the Energy Efficiency and Conservation Block Grant Program. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 18. Resolution of the City of San Bernardino authorizing the City Manager or his designee to execute all program supplements to the Master Agreement for Federal-Aid Projects No. 97-114 and rescinding Resolution No. 2001-331. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 19. Resolution of the City of San Bernardino approving Amendment No. 1 to a Municipal Staffing Agreement with Munitemps to provide, on a temporary basis, an Interim Construction/Survey Manager to supervise the Construction/Survey Section of the Public Works Division. (See Attached) (Cost to the City - $20,000 from the Street Construction Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Finance 20. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records by the Director of Finance. (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. 02/01/2010 7 Police 21. Resolution of the City of San Bernardino authorizing the purchase of a police facility digital surveillance camera system server from Dell Computers, Inc., of Round Rock, Texas. (See Attached) (Cost to the City - $93,764.49 from COPS 2008 Technology Grant, Computer Equipment) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 22. Resolution of the City of San Bernardino authorizing an increase to Purchase Order 999849 for the purchase of a Police SWAT truck conversion from Braun Northwest, of Chehalis, Washington. (See Attached) (Cost to the City - $8,582.06 from Asset Forfeiture Fund) All Wards MOTION: That said resolution be adopted. Public Services 23. An 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. FIRST READING (See Attached) (No Cost to the City) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended by Ways and Means Committee meeting of January 20, 2010 ? Committee Members Present: Kelley, Baxter, Brinker City Manager 24. Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and the San Bernardino Black Culture Foundation for financial assistance from the 2009/2010 Civic and Promotion Fund. (See Attached) (Cost to the City - $28,857.77 from Civic and Promotion Funding) (Resolution not available at time of printing.) Ward 1 (Item Continued on Next Page) 02/01/2010 8 24. Continued. MOTION: That said resolution be adopted; and that the Mayor and Common Council authorize direct funding in the amount of $5,000 and indirect funding in the amount of $23,857.77 be transferred from the 2009/10 Civic and Promotion Fund to various City departmental accounts, as listed in the Staff Report dated January 14, 2010 from Charles McNeely, City Manager; and authorize a waiver of fees and use of City personnel and equipment to assist in the 2010 Black History Parade scheduled for February 6, 2010. END OF COMMITTEE CONSENT PLANNING ITEMS CONTINUED FROM JANUARY 19, 2010 TO BE HEARD AT 4:30 P.M. Development Services 25. 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; item continued to January 19, 2010, Item No. 15.) 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 The hearing remains open? MOTION: That the matter be continued to February 16, 2010. END OF PLANNING ITEMS 02/01/2010 9 COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on December 3, 2009 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) R26. Bogh Engineering, Inc. ? Construction Contract for construction of the Eastside Skate Park and handicapped access improvements at Speicher Park (See Attached) Ward 7 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Redevelopment Agency of the City of San Bernardino (?Agency?) to be the lead Agency for the design and construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area). (Resolution not available at time of printing.) (Community Development Commission) B. 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 Construction Contract by and between the Agency and Bogh Engineering, Inc., for construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area). MOTION: That said resolutions A and B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 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.) 02/01/2010 10 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 16, 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. 02/01/2010 11