HomeMy WebLinkAbout09-15-2008 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
Neil Derry
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, SEPTEMBER 15, 2008 ? 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 19 & 20.)
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.
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
09/15/2008
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):
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 07-01027SGL (Opx)
;
San Bernardino City Professional Firefighters, Local 891 v. City of San
Bernardino; San Bernardino Fire Department, et al. - San Bernardino
Superior Court Case No. CIVSS 807685
;
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. CIVSS 708367
;
Jamora Allen v. City of San Bernardino, Adam Affrunti, et al. - San
Bernardino Superior Court Case No. CIVSS 805915
;
Arleen Nolin, Hillary Latham v. City of San Bernardino, Michael
Taylor, et al. - San Bernardino Superior Court Case No. CIVSS 805061
.
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);
Baude v. James Penman, Fred Wilson and City of San Bernardino;
Two (2) cases
California Aviation Services, Inc. v. City of San Bernardino
(Item Continued on Next Page)
09/15/2008
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
People v. Jane Does 1 & 2
D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Interim City Manager
Director of Code Enforcement
Chief of Police
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:
Century City North Redevelopment Project Area
1. Property Address: 1208 North ?H? Street
Negotiating Parties: Don Gee, Deputy Director of the
Redevelopment Agency on behalf of the
City of San Bernardino, and Keith Williams
on behalf of Caltrans.
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 450 North ?E? Street
APN: 0134-121-24
(Item Continued to Next Page)
09/15/2008
3
1. Continued.
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director on behalf of the Redevelopment
Agency, and Moctesuma Esparza, CEO
and Founder on behalf of Maya Cinemas.
Under Negotiation: Purchase price, terms, and conditions
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3. Property Address: 746 West 5 Street
APNs: 0134-054-07, 08 and 09
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director on behalf of the Redevelopment
Agency, and The Salvation Army, Owner.
Under Negotiation: Purchase price, terms, and conditions
Central City North Downtown Redevelopment Project Area
1. Property Address: Properties bounded by 5th Street to the
south, ?H? Street to the west, Spruce Street
to the west, Spruce Street to the north and
?G? Street to the east
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director of the Redevelopment Agency of
the City of San Bernardino, on behalf of the
Redevelopment Agency and the owners of
those properties within the boundaries
referenced above.
Under Negotiation: To discuss possible acquisition program and
direct Agency Staff to take preliminary
actions.
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2. Property Address: Properties bounded by 5 Street to the
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south, I-215 Freeway to the west, 6 Street
to the north and ?H? Street to the east
(Item Continued on Next Page)
09/15/2008
4
1. Continued.
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director of the Redevelopment Agency of
the City of San Bernardino, on behalf of the
Redevelopment Agency and the owners of
those properties within the boundaries
referenced above.
Under Negotiation: To discuss possible acquisition program and
direct Agency Staff to take preliminary
actions.
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3. Property Address: Properties bounded by 4 Street to the
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south, I-215 Freeway to the west, 5 Street
to the north and ?H? Street to the east.
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director of the Redevelopment Agency of
the City of San Bernardino, on behalf of the
Redevelopment Agency and the owners of
those properties within the boundaries
referenced above.
Under Negotiation: To discuss possible acquisition program and
direct Agency Staff to take preliminary
actions.
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5 Street Meridian Avenue Project
Property Addresses/
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director on behalf of the Redevelopment
Agency and the asset management
departments of the following financial
institutions regarding their respective
properties within the City of San
Bernardino:
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2624 W. 5 Street
Property Owner: Downey Savings
APN: 0142-522-25-0-000
(Item Continued on Next Page)
09/15/2008
5
1. Continued.
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2625 W. 5 Street
Property Owner: GMAC
APN: 0142-522-37-0-000
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2633 W. 5 Street
Property Owner: Fremont
APN: 0142-522-36-0-000
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2639 W. 5 Street
Property Owner: Carrington
APN: 0142-522-35-0-000
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2643 W. 5 Street
Property Owner: Bank of New York
APN: 0142-522-12-0-000
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2657 W. 5 Street
Property Owner: Soundview Financial
APN: 0142-522-11-0-000
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2682 W. 5 Street
Property Owner: Deutsche Bank
APN: 0142-522-16-0-000
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2656 W. 5 Street
Property Owner: Wells Fargo Bank
APN: 0142-522-14-0-000
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2695 W. 5 Street
Property Type: To Be Determined
APN: 0142-522-08-0-000
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
09/15/2008
6
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed 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
30 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: August 18, 2008 (Distributed 9/8/08)
09/15/2008
7
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated September 8, 2008,
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 September 11, 2008, 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.
City Manager?s Office
9. Resolution of the Mayor and Common Council of the City of San Bernardino re-
authorizing the City Manager to execute a Master Services Memorandum of
Understanding with the Water Department for provision of City services for
Fiscal Year 2008/2009. (See Attached) (No Cost to the City) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing a Memorandum of Understanding with the City of Redlands to
exchange hearing officer and/or administrative law officer services. (See
Attached) (Cost to the City - $11,250 from General Fund) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the lease agreement by and between the City of San Bernardino, the
County of San Bernardino, and the High Desert Partnership in Academic
Excellence Foundation, Inc., for property located at 503 East Central Avenue,
San Bernardino, CA. (See Attached) (No Cost to the City) (Resolution not
available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
09/15/2008
8
12. Item deleted.
LAID OVER FROM SEPTEMBER 2, 2008
13. Ordinance of the City of San Bernardino amending Chapter 2.19 of Title 2 of
the San Bernardino Municipal Code establishing a Youth Advisory Commission.
FINAL READING (No Cost to the City) (Backup material distributed on
August 18, 2008, Item No. 38; item continued to September 2, 2008, Item
No. 33.) All Wards
MOTION: That said ordinance be adopted.
14. Code Enforcement
Resolution of the City of San Bernardino authorizing execution of a first
amendment to services agreement with Los Padrinos, Youth Services, Inc.,
extending the agreement for ninety (90) days. (See Attached) (Cost to the City -
$147,000 from the General Fund) All Wards
MOTION: That said resolution be adopted.
Council Office
15. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting the Diploma Bound Initiative, which supports policies and programs
that decrease high school dropout rates and mitigates the impact of dropouts on
the region. (See Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted.
09/15/2008
9
Development Services
16. Authorization to Proceed and Approval of Plan No. 12528 ? Proposed vacation
of a portion of Kendall Drive (formerly State Highway 206) east of ?H? Street.
(See Attached) (No Cost to the City) Ward 4
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed with the proposed vacation of a portion of
Kendall Drive (formerly State Highway 206) east of ?H? Street;
and that Plan No. 12528 showing the proposed vacation of a
portion of Kendall Drive (formerly State Highway 206) east of
?H? Street, be approved.
17. Authorize the Director of Finance to amend Purchase Order No. 301959 and
authorize the Director of Development Services to execute Contract Change
Order No. One with Weka, Inc. for sewer related improvements (SW08-08),
per Project Plan No. 12350. (See Attached) (No Cost to the City) Ward 3
MOTION: That the Director of Development Services be authorized to
execute Contract Change Order No. One with Weka, Inc. for
sewer related improvements (SW08-08), per Project Plan No.
12350.
18. Resolution of the City of San Bernardino authorizing execution of a cooperative
agreement with the City of Colton for maintenance of a grade separation on
Hunts Lane at the Union Pacific Railroad (SS04-51). (See Attached) (Cost to
the City ? Minor Staffing Cost from Prop 42 Traffic Congestion)
(Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
09/15/2008
10
19. Resolution of Intention: Vacation of a portion of ?H? Street, between Huff
Street and College Drive & Resolution repealing Resolution No. 2008-112. (See
Attached) (No Cost to the City) Ward 3
A. Resolution of the City of San Bernardino declaring its intention to order
the vacation of a portion of ?H? Street, between Huff Street and College
Drive and reserving utility easements therein and an easement for
emergency vehicle access. (Resolution not available at time of
printing.)
B. Resolution of the City of San Bernardino repealing Resolution No. 2008-
112 adopted by the Mayor and Common Council of the City of San
Bernardino on April 7, 2008, approving the vacation of a portion of
Crescent Avenue between Huff Street and College Drive. (Resolution
not available at time of printing.)
MOTION: That said resolutions A and B, be adopted.
20. Resolution of the City of San Bernardino approving Amendment No. 2 to
Agreement for Professional Services with Transtech Engineers, Inc. to provide
program management services for the Santa Fe Depot Parking Structure Project
(GB04-19) (See Attached) (Cost to the City - $14,200 from Street
Construction Fund) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
Fire
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of an annual purchase
order to Advanced Data Processing, Inc. (ADPI) for First Responder,
Paramedic, and Membership Program Fees. (See Attached) (Cost to the City -
$111,250 from the General Fund with net revenues for program, after
reducing for this contract, are estimated to be $333,750) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted.
09/15/2008
11
LAID OVER FROM JULY 21, 2008
Human Resources
22. An Ordinance of the Mayor and Common Council of the City of San Bernardino
authorizing an amendment to the contract between the Mayor and Common
Council of the City of San Bernardino and the Board of Administration of the
California Public Employees? Retirement System. FINAL READING (Backup
material was distributed on July 21, 2008, Item No. 14.)
MOTION: That said ordinance be adopted.
23. Establishment of salaries for Police Department Ranges P-1, P-2, P-3 & Law
Enforcement Trainee, effective August 1, 2008. (See Attached) (Cost to the
City - $2,207,800; $1,948,700 from the General Fund and $259,100 from
Measure Z Fund)
MOTION: That the salaries for Police Department Ranges P-1 (Police
Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law
Enforcement Trainee be established effective August 1, 2008;
that Human Resources be authorized to amend Resolution No.
6429 to reflect the above action; and that the Director of Finance
be authorized to amend the FY 2008-2009 Budget by increasing
the Police Department General Fund budget for Charter 186 costs
by transferring $1,948,700 from the General Government budget,
Account No. 001-092-5011, and also make the appropriate
adjustments to the various Police grants as allowed by the Grants
for the Charter 186 costs.
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Acting City Manager to execute a services agreement with
Alliance Resource Consulting to conduct recruitment for the position of City
Manager. (See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Mayor?s Office
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with the Sinfonia Mexicana for the
promotion of arts and culture. (See Attached) (Cost to the City - $32,500 from
General Fund with reimbursement from Cultural Development Fund
revenues) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
09/15/2008
12
Parks, Recreation and Community Services
26. Resolution of the City of San Bernardino ratifying the submittal of a grant
application to the Corporation for National and Community Service for the
Retired Senior Volunteer Program (RSVP) and accepting the proposal amount of
$57,415 for the period of October 1, 2008 through September 30, 2009. (See
Attached) (Cost to the City - $37,000 in Match Funds, $3,173 In-kind
Services from Federal and State Programs Fund AND $57,415 of Grant
Revenues) All Wards
MOTION: That said resolution be adopted.
Police
27. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a 3-year agreement with the County of San
Bernardino Sheriff?s Department to provide user access into the National and
California Law Enforcement Telecommunications Systems (NLETS/CLETS)
and the Sheriff?s Central Name Index (CNI). (See Attached) (Cost to the City
? Not to Exceed $30,000 from General Fund) All Wards
MOTION: That said resolution be adopted.
28. Item deleted.
29. Resolution of the City of San Bernardino authorizing the execution of an
agreement for the San Bernardino Police Department to participate as a member
of the United States Department of Justice Drug Enforcement Administration
(DEA) Task Force. (See Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted.
09/15/2008
13
Public Services
30. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a new agreement and issuance of an annual
purchase order in the amount of $395,990 with four (4) one-year extensions at
the City?s option between the City of San Bernardino and ?Y? Tire Sales for
new and recapped tires, tubes and related repair services for City vehicles and
equipment, to be utilized by the Fleet Division. (See Attached) (Cost to the
City - $306,000 from Fleet Services Fund) (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 September
9, 2008 ? Committee Members Present: McCammack, Brinker, Estrada
City Attorney
31. Establishment of position of Administrative Analyst I in the City Attorney?s
Office to administer the Administrative Civil Penalties Program.
MOTION: That the position of Administrative Analyst I, Range 4450,
$4,188-$5,091/Month, in the City Attorney?s Office be
established; that the Human Resources Department be directed to
update Resolution 97-244, to reflect this action; and that the
Director of Finance be authorized to amend the City Attorney?s
Office FY 2008-09 adopted budget by transferring $56,690 from
Account No. 001-092-5XXX general government
unreserved/undesignated fund balance to Account No. 001-051-
5XXX (Salaries/Perm/Full-Time).
09/15/2008
14
Recommended for approval at the Special Ways and Means Committee
Meeting of September 8, 2008 ? Committee Members Present:
McCammack, Estrada
City Manager
32. Modifications to the FY 2008-09 Budget regarding the Police and Public
Services Departments.
MOTION: That the Director of Finance be authorized to amend the FY
2008-2009 adopted budget to delete funding for 6 vacant sworn
positions and instead reallocate Measure Z funding for the
reinstatement of 5 non-sworn Police Department positions as
outlined in the staff report; and the Finance Department be
authorized to include these budget changes in the Final FY 2008-
2009 Budget document.
Recommended for approval at the Ways and Means Committee Meeting of
August 20, 2008 ? Committee Members Present: McCammack, Derry,
Johnson
Public Services
33. Set public hearing for November 17, 2008 at 4:00 p.m. in the Council
Chambers to consider rate adjustments for Integrated Waste Division customers
and customers of franchised haulers. (See Attached) (No Cost to the City ?
Projected Revenue of $1,354,586) All Wards
MOTION: That the Mayor and Common Council set a public hearing for
November 17, 2008 at 4:00 p.m.; and that the required
notifications be authorized.
Recommended for approval at the Ways and Means Committee Meeting of
August 20, 2008 ? Committee Members Present: McCammack, Derry.
Johnson
Water
34. Set public hearing for November 17, 2008 at 4:00 p.m. for review of Sewer
Rate Study 2008. (See Attached) (No Cost to the City) All Wards
MOTION: That the Mayor and Common Council set a public hearing for
November 17, 2008 at 4:00 p.m. for review of Sewer Rate Study
2008.
09/15/2008
15
Recommended for approval at the Ways and Means Committee Meeting of
September 3, 2008 ? Committee Members Present: Estrada, Johnson
City Manager
35. Request for fee waiver - Rockabilly 66 car show ? September 20, 2008 at Nunez
Park (See Attached)
MOTION: That the request for waiver of fees from Sigma Beta Xi, Inc., in
connection with Wyatt?s Paint and Body, for personnel and
equipment costs in the amount of $4,105 associated with the
conduct of their 2008 Rockabilly 66 car show, to be held at
Nunez Park on September 20, 2008, be approved.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
City Attorney
36. Public Hearing - Urgency Ordinance extending a temporary moratorium on the
establishment and operation of new parolee/probationer group homes, registered
sex offender group homes and unlicensed group homes. (See Attached)
Urgency Ordinance of the City of San Bernardino extending a temporary
moratorium on the establishment and operation of new parolee/probationer
group homes, registered sex offender group homes and unlicensed group homes,
declaring the urgency thereof, and taking effect immediately.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said urgency ordinance be
adopted.
09/15/2008
16
TO BE HEARD AT 4:00 P.M.
Development Services
37. Public Hearing ? Resolution authorizing the execution of a Right of Way
Contract with Caltrans and the execution of a Grant Deed relative to the sale of
City property located at the northwest corner of Base Line Street and ?H? Street
to Caltrans (APN 0145-221-09). (See Attached)
Resolution of the City of San Bernardino directing and authorizing the execution
of a right of way contract with the State of California, Department of
Transportation, and the execution of a Grant Deed for the sale of City owned
real property located at the northwest corner of Base Line Street and ?H? Street
in the City of San Bernardino. (Resolution not available at time of printing.)
Mayor to open hearing . . .
MOTION: That the public hearing relative to the sale of City property,
located at the northwest corner of Base Line Street and ?H?
Street (APN 0145-221-09) to Caltrans, be conducted and closed;
and that said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM SEPTEMBER 2, 2008
Council Office
38. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Facility Use Agreement by and
between the American Sports University and the City of San Bernardino
allowing for the University?s use of Meadowbrook Park and the Rudy C.
Hernandez Recreation Center. (New Staff Report Attached) (No backup
material was distributed on August 4, 2008, Item No. 11; item continued
and backup material distributed on August 6, 2008, Item No. NB1; item
continued to September 2, 2008, Item No. 34.) Ward 1
MOTION: That said resolution be adopted.
09/15/2008
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CONTINUED FROM SEPTEMBER 2, 2008
39. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute an agreement with the patrons of the
Roosevelt Bowl for the provision of support services for Market Night at Perris
Hill Park, and ratifying any action taken between April 17, 2008 and the date
that this resolution is adopted. (Backup material distributed on August 18,
2008, Item No. 10; item continued to September 2, 2008, Item No. 35.)
Ward 2
MOTION: That said resolution be adopted.
CONTINUED FROM SEPTEMBER 2, 2008
Parks, Recreation & Community Services
40. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Use of Facilities Agreement between
the City of San Bernardino and California State University, San Bernardino
providing for the University?s use of Fiscalini Field (Backup material
distributed on August 18, 2008, Item No. 26; item continued to September
2, 2008, Item No. 38.) (Revenue to the City - $17,500) Ward 2
MOTION: That the matter be tabled.
CONTINUED FROM SEPTEMBER 2, 2008
Public Services
41. 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 $138,900 with three (3) one-year extensions at the City?s option
between the City of San Bernardino and Tree Elements Incorporated for tree-
trimming services throughout the City of San Bernardino. (Backup material
distributed on September 2, 2008, Item No. 27.) (Cost to the City -
$138,900; $100,000 from General Fund and $38,900 from Refuse Fund)
All Wards
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
09/15/2008
18
STAFF REPORTS
Police
42. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 9.90.010.A.10 of Chapter 9.90 regarding authority for
security guards to arrest and issue citations at the former Norton Air Force Base
property now owned and operated by the Inland Valley Development Agency.
(See Attached) FIRST READING (No Cost to the City) (Ordinance not
available at time of printing.) Ward 1
MOTION: That said ordinance be laid over for final adoption.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM SEPTEMBER 2, 2008
Recommended for approval at the Redevelopment Committee Meeting on
August 7, 2008 ? Committee Members Present: Estrada and Johnson
R43. 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 1)
an Assignment of the 1996 Multi-Plex Theater Lease from CinemaStar Luxury
Theaters, Inc., to Maya Cinemas and 2) an Amendment No. 3 to the Multi-Plex
Theater Lease (Central City North Redevelopment Project Area). (No backup
material was distributed on September 2, 2008, Item No. R41.) (Staff
Report and Resolution not available at time of printing.) Ward 1
MOTION: That the matter be tabled.
Recommended for approval at the Redevelopment Committee Meeting on
August 21, 2008 ? Committee Members Present: Estrada, Baxter, Johnson
R44. 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
Supplemental Agreement to the 2007 Property Owner Participation Agreement
by and between the Agency and Inland Behavioral and Health Services, Inc.
(Central City North Redevelopment Project Area) Ward 1
MOTION: That said resolution be adopted.
09/15/2008
19
Recommended for approval at the Redevelopment Committee Meeting on
September 4, 2008 ? Committee Members Present: Estrada, Baxter,
Johnson
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R45. Request authority to initiate Redevelopment Activities for the 5 Street and
Meridian Avenue Project (Mt. Vernon Corridor Redevelopment Project Area)
Ward 6
MOTION: That the Community Development Commission of the City of
San Bernardino direct Agency Staff to proceed with the
preliminary undertaking of Phase I of the Meridian Project as
outlined in the Staff Report.
R46. Item deleted.
R47. Approval of Funding for additional national touring performances at the
California Theatre (2008/2009 Enhanced Theatre Season ? California Theatre of
the Performing Arts)
MOTION: That the Community Development Commission authorize the
Interim Executive Director to enter into contracts for an
expenditure not to exceed $2.4 million to facilitate four additional
National Touring Broadway Productions and nine additional
Musical Concerts at the California Theatre.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING
CONTINUED FROM SEPTEMBER 2, 2008
TO BE HEARD AT 4:30 P.M.
48. Public Hearing - Conditional Use Permit (CUP) No. 08-03 (Appeal No. 08-02)
- An appeal of the Planning Commission Denial of CUP No. 08-03, a request to
obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West
Hospitality Lane. (No Cost to the City) (Backup materials distributed on July
21, 2008, Item No. 39; item continued to August 4, 2008, Item No. 43; item
continued to September 2, 2008, Item No. 43.)
Appellant: Manta Management Corp.
c/o Roger Jon Diamond
2115 Main Street
Santa Monica, CA 90405
(Item Continued on Next Page)
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48. Continued.
Owner: CMGH LLC
c/o Lawrence Wessel
740 S. Bunting Ct.
Anaheim, CA 92808
Request/Location: This is an appeal of the Planning Commission
Denial of CUP No. 08-03, a request to obtain a
Type 48 Alcoholic Beverage Control (ABC)
license at 100 West Hospitality Lane.
MOTION: That the Mayor and Common Council deny the appeal and
uphold the Planning Commission?s denial of Conditional Use
Permit (CUP) No. 08-03, and re-determine that the public
convenience or necessity would not be served by the issuance by
the California Department of Alcoholic Beverage Control (ABC)
of a new Type 48 ABC license at 100 West Hospitality Lane,
based on the documents and testimony presented to the Mayor
and Common Council and the findings supporting the
recommended motion.
END OF PLANNING
49. 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.)
50. Adjournment.
MOTION: That the meeting be adjourned to Wednesday, September 17,
2008, at 5:30 p.m. in the EDA Executive Conference Room.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p.m., Monday, October 6, 2008, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
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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.
09/15/2008
22