HomeMy WebLinkAbout10-17-2011 Reg Mtg Agenda '
CITY OF SAN BERNARDINO
AGENDA
FORTHE
REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
COUNCIL CHAMBERS 300 NORTH I'D" STREET - SA,,-, BERNARDINO, CA 92418 - WWW.SBCITY.ORG
Virginia Marquez Patrick J. Morris Wendy McCammack
Robert D.Jenkins Charles McNeely
CITY MANNG'ER
Tobin Brinker James F. Penman
Fred Shorett Rachel G. Clark, CIVIC
Chas Kelley David Kennedy
Rikke Van Johnson
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
• The City of San Bernardino recognizes its obligation to provide equal access to those individuals with
disabilities. Please contact the City Clerk's Office(384-5002) two working days prior to the meetingfor any
requestsfor reasonable accommodation to include interpreters.
• All documentsfor public review are onfile with the City Clerk's Office located on the 2ndfloor of City Hall,300
North "U'Street,San Bernardino or may be accessed online bygoing to http://www.sbcity.org.
• Anyone who wishes to speak during public comment or on a particular item will be required tofill out a
speaker slip.Speaker slips should be turned in to staff seated on the north side of the Council chambers.
• Public commentsfor agenda items that are not public hearings will be limited to three minutes.
• Public commentsfor items that are not on the agenda will be limited to 3 minutes.
• All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor
Pro Tempore before speaking.
• Please turn off or muteyour cell phone while the meeting is in session.
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Regular Meeting Agenda October 17, 2011 ,
CALL TO ORDER
Attendee Name Present Absent Late Arrival
Mayor Patrick J. Morris _ ❑ ❑ ❑
Council Member, Ward 1 Virginia Marquez ❑ ❑ ❑
Council Member, Ward 2 Robert D. Jenkins ❑ ❑ ❑
Council Member, Ward 3 Tobin Brinker ❑ ❑ ❑
Council Member, Ward 4 Fred Shorett ❑ ❑ ❑
Council Member, Ward 5 Chas A. Kelley ❑ ❑ ❑
Council Member, Ward 6 Rikke Van Johnson ❑ ❑ ❑
Council Member, Ward 7 Wendy J. McCammack ❑ ❑ ❑
City Attorney James F. Penman ❑ ❑ ❑
City Clerk Rachel G. Clark ❑ ❑ ❑
City Manager Charles McNeely ❑ ❑ ❑
1. CLOSED SESSION
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.
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
Monica Ballard, et al. v. City of San Bernardino, et al. - Case No. CV 10-02769;
Monica Monroe, et al. V. Cif of San Bernardino, et al. - Case No. CV 09-04354
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:
Kendall Plaza LLC v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to subdivision (c) of Government Code Section 54956.9.
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.
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G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
2. APPOINTMENTS
A. Mayor's Office
Commission Appointment of Donna L. Ward to the Fine Arts Commission [Ward(s): 21
Recommended Motion:
Approve the appointment of Donna L. Ward to the Fine Arts Commission per Council
Member Jenkins' request.
3. PRESENTATIONS
A. Service Pin Awards Ceremony
B. Swearing In Ceremony for Police Chief Robert Handy
C. Citizens of the Month Presentation by Council Member Marquez to Milo Victoria from
Omnitrans and Danny Sandoval from Target Corporation
D. Student of the Month Presentation by Council Member Jenkins to Ariel Hollie from
San Bernardino High School
4. ANNOUNCEMENTS
A. Announcements by Elected Officials and City Manager
5. CONSENT CALENDAR
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.
MOTION: That the motions indicated by consent calendar items be adopted.
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Regular Meeting Agenda October 17, 2011
A. City Clerk
Waive Full Reading of Resolutions and Ordinances [Ward(s): All]
Recommended Motion:
That full reading of the resolutions and ordinances on the regular agenda of the Mayor
and Common Council and Community Development Commission dated October 17,
2011, be waived.
B. City Clerk
Council Minutes [Ward(s): All]
Recommended 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: September 14, 2011 (Distributed 9/22/11)
C. Civil Service
Personnel Actions - Classified [Ward(s): All]
Recommended Motion:
That the classified personnel actions, as submitted by the Chief Examiner, 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.
D. City Clerk
Designation of Voting Delegate for the National League of Cities Congress of Cities -
November 9-12, 2011, Phoenix, AZ [Ward(s): 6]
Recommended Motion:
That Council member Rikke Van Johnson be designated as the City of San Bernardino's
voting delegate at the National League of Cities Congress of Cities to be held November
9-12, 2011 in Phoenix, AZ.
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E. Human Resources Department
An Ordinance of the City of San Bernardino Authorizing an Amendment to the Contract
Between the City of San Bernardino and the Board of Administration of the California
Public Employees' Retirement System. [Ward(s): All]
Recommended Motion:
That said ordinance be adopted.
F. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing and Directing Execution of a License Agreement with AT&T Corporate
Real Estate for an Encroachment Within Stoddard Avenue South of 2ND Street, for the
Installation of Utility Service Lines Necessary for the Operation of Fuel Cell Units.
[Ward(s): 11
Recommended Motion:
That said resolution be adopted.
G. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Terminating Landscape Maintenance Assessment District No. 1058, Foothill Drive and
Sterling Avenue Area, and Releasing of Liens. [Ward(s): 4]
Recommended Motion:
That said resolution be adopted.
H. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing Execution of a Professional Services Agreement with Republic Services of
Southern California, LLC, Pursuant to San Bernardino Municipal Code Section 3.04.010
Paragraph B3, to Allow Republic Services of Southern California, LLC to Provide
Commingled Recycling and Commercial Recycling Processing. [Ward(s): All]
Recommended Motion:
That said resolution be adopted.
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I. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing Execution of a Professional Services Agreement with Burrtec Waste
Industries, Inc., Pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph
B3, to Allow Burrtec Waste Industries, Inc., to Provide Commingled Recycling and
Commercial Recycling Processing. [Ward(s): All]
Recommended Motion:
That said resolution be adopted.
6. PUBLIC HEARINGS
A. Community Development
A Resolution of the Mayor and Common Council of the City of San Bernardino
Approving First Amendment to Development Agreement No. 91-01 Between the City of
San Bernardino and the Developer of the Inland Center Mall, Located at 500 South
Inland Center Drive. [Ward(s): 31
Mayor to open the hearing...
Recommended Motion:
That the hearing be opened and continued to November 21, 2011.
B. Community Development
Ordinance of the City of San Bernardino Amending Section 19.06.025 "Prohibited Uses"
of the Municipal Code (Development Code) to Permit Single-Price Overstock/Discount
Stores, Self-Service Laundry Facilities and Party Supply Stores Meeting Minimum Floor
Area Standards in Commercial Land Use Districts Subject to a Conditional Use Permit.
[Ward(s): All]
Mayor to open the hearing...
Recommended Motion:
That the hearing be closed, and that said ordinance be laid over for final adoption.
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C. Community Development
Appeal of Planning Commission Approval of Condition Use Permit No. 11-11 to
Construct a 1,028 Sq.Ft. Drive-Thru Car Wash at an Existing Automobile Service Station
with an Ancillary Convenience Store Located at 495 South Waterman Avenue in the Cg-
1, Commercial General Land Use District [Ward(s): 11
Mayor to open the hearing...
Recommended Motion:
That the Mayor and Common Council deny the appeal and uphold the Planning
Commission's approval of Conditional Use Permit No. 11-11, with modifications to
Conditions of Approval.
7. STAFF REPORTS
A. City Attorney
Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code
Section 8.69.090 Regarding Possession of Graffiti Tools by Juveniles. [Ward(s): All]
Recommended Motion:
That the matter be referred to the Legislative Review Committee.
B. Council Office
Term Limits [Ward(s): All]
Recommended Motion:
Discuss and refer to the Legislative Review Committee to prepare a charter amendment
that would establish term limits In order to broaden the opportunities for public service
and to assure that elected officials of government are responsive to the citizens of the
government:
a) No person serving, whether by means of election or appointment, more than three
(3) consecutive terms of office as an elected city official.
b) Any person who has served three consecutive terms of office as an elected city
official shall not be eligible to hold office again as an elected city official until the
expiration of at least two years following the conclusion of such person's last term
of office.
C) This term limit shall be applied separately to each different type of elected office
held.
d) A partial term of office shall be considered to be a full term where more than one-
half of the regular term of office has been served.
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C. Council Office
Campaign Contribution Limits [Ward(s): All]
Recommended Motion:
Discuss and refer to the Legislative Review Committee to prepare a charter amendment
that would establish campaign contribution limits from individuals, political action
committees, and businesses to all candidates for City elected offices, expenditure limits
for all such candidates, and disclosure requirements for independent expenditure
committees.
8. PUBLIC COMMENTS
9. 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, November 7, 2011, 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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