HomeMy WebLinkAbout01-04-2010 Jt. Reg Mtg 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, 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
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: ___________________________________________
101/04/2010
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. 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.
(Item Continued on Next Page)
201/04/2010
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
301/04/2010
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.
401/04/2010
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
501/04/2010
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)
601/04/2010
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)
701/04/2010
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.
801/04/2010
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
901/04/2010
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.
10 01/04/2010
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.
11 01/04/2010