HomeMy WebLinkAbout12-15-2008 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
Vacant
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, DECEMBER 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 10-12.)
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: ___________________________________________
12/15/2008
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):
J.R., etc., et al. v. City of San Benardino, et al. ? United States District
Court Case No. EDCV 2005-1045 JWJ; United States Court of Appeals
Case Nos. 07-56375 and 08-55102;
Alvarez, Jaime, et al. v. City et al. ? United States District Court Case
No. 00-03048 PA (Rcx);
Golding, Justin Ryan v. City of San Bernardino, et al. ? San Bernardino
Superior Court Case No. CIVSS 700791;
Town of Apple Valley, et al. v. County of San Bernardino ? (Waste
Disposal Agreement Litigation) Los Angeles County Superior Court
Case No. KC 049711?J?;
People v. Lopez ? San Bernardino County Superior Court Case No.
SCVSS 134051;
Garrett Zimmon ? Office of Administrative Hearings - Case No.
2007080890.
(Item Continued on next Page)
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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)
One (1) case
California Aviation Services, Inc. v. City of San Bernardino
Jennifer Newsome v. City of San Bernardino
Beverly Rainbolt 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:
City of San Bernardino v. California State University
D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Director of Code Enforcement
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:
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, Scott
Bailey on behalf of CinemaStar
Luxury Theaters, Inc.
Under Negotiation: Terms and conditions of lease and
occupancy arrangements.
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1. Continued.
2. 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, CEO and
Founder on behalf of Maya
Cinemas.
Under Negotiation: Purchase price, terms and
conditions.
END OF CLOSED SESSION
12/15/2008
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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
19 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. Item deleted.
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated December 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 December 12, 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
9. Transfer $400,000 from the unreserved general fund to the City Attorney?s
budget as follows: $328,000 to Account No. 001-051-5503 and $72,000 to
Account No. 001-051-5177 (See Attached).
MOTION: That the Director of Finance be authorized and directed to amend
the FY 2008-2009 budget and appropriate $400,000 from the
unreserved general fund to the City Attorney?s budget as follows:
$328,000 to Account No. 001-051-5503 (Litigation ? Outside
Attorneys) and $72,000 to Account No. 001-051-5177 (Litigation
? Expenses)
10. Budget amendment to fund part time salaries in the City Manager?s Office for
FY 2008/09 (See Attached) (No Net Cost to the City)
All Wards
MOTION: That the Mayor and Common Council authorize the Director of
Finance to amend the FY 2008/09 Budget by transferring
$35,000 from Account No. 001-011-5502 (Mayor?s Office
Professional/Contractual Services) to Account No. 001-101-5014
(City Manager?s Office Salaries Temp/Part-time.)
11. Resolutions authorizing the execution of Mills Act Preservation Agreements.
(See Attached) (Cost to the City ? Some nominal loss of property tax revenue
annually, depending on property tax reductions) Wards 5 & 7
A. Resolution authorizing the execution of a Mills Act Preservation
Agreement with Deborah Albert.
B. Resolution authorizing the execution of a Mills Act Preservation
Agreement with Brian and Nicole Baird.
(Item Continued on Next Page)
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11. Continued.
C. Resolution authorizing the execution of a Mills Act Preservation
Agreement with Ronald and Adele Corsentino.
D. Resolution authorizing the execution of a Mills Act Preservation
Agreement with Kathryn Gail Mummery.
E. Resolution authorizing the execution of a Mills Act Preservation
Agreement with Slawomir and Alice Niewiadomski.
MOTION: That said resolutions A through E, be adopted.
Development Services
12. Resolution of the City of San Bernardino approving an agreement with Placo
San Bernardino, LLC for provision of space for temporary parking for
Metrolink riders during realignment of Viaduct Boulevard (SS07-32) and
construction of the Metrolink parking structure. (GB04-19). (See Attached)
(No Cost to the City)
Ward 1
MOTION: That said resolution be adopted.
Human Resources
13. Revise salary for Fire Department range P-3 (Fire Engineer), effective August
1, 2008. (See Attached) (No Cost to the City)
MOTION: That the Mayor and Common Council approve the revised P-3
(Fire Engineer) salary, effective August 1, 2008; and authorize
the Human Resources Department to amend Resolution No. 6429
to reflect said action.
14. Resolution of the City of San Bernardino amending Resolution No. 6429,
entitled in part ?A Resolution ? establishing a basic compensation plan for
officers and/or employees of the Police and Fire Departments of the City of San
Bernardino.? (See Attached)
MOTION: That said resolution be adopted.
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15. Resolutions identifying employee retirement contributions to the California
Public Employees Retirement System (CALPERS) to be treated as employer
contributions for tax purposes. (See Attached) (No Cost to the City)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino for employer paid member contributions.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino for paying and reporting the value of employer paid member
contributions.
MOTION: That said resolutions A and B, be adopted.
Mayor?s Office
16. Resolution of the Mayor and Common Council of the City of San Bernardino
recognizing the Green Valley Initiative and endorsing participation as a Green
Valley Jurisdiction. (See Attached) (No Cost to the City) All
Wards
MOTION: That said resolution be adopted.
Parks, Recreation, and Community Services
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a revised Facility Use Agreement with
the San Bernardino City Unified School District relative to the use of 156
parking spaces in the parking lot at Speicher Park, and ratifying any action taken
between October 7, 2008 and the date that this resolution is adopted. (See
Attached) (No Cost to the City)
Ward 7
MOTION: That said resolution be adopted.
Public Services
18. Budget amendment and Personnel Motions to implement in-house graffiti
removal and property abatement services. (No Net Cost to the City) All
Wards
MOTION 1: That the Mayor and Common Council authorize the addition of
five (5) Maintenance Worker 1 (Flex) positions, Range 1350,
$2,543 to $3,092 per month, to Public Services Graffiti Removal
Section; and
MOTION 2: Add one (1) Maintenance Worker 1 (Flex) position, Range 1350,
$2,543 to $3,092 per month to Public Services Right of Way
Section; and
(Item Continued on Next Page)
12/15/2008
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18. Continued.
MOTION 3: Add one (1) Lead Maintenance Worker position, Range 1420,
$3,606 to $4,383 per month to Public Services Right of Way
Section; and
MOTION 4: Authorize the Director of Human Resources to update Resolution
97-244 (position control) to reflect the above actions; and
MOTION 5: Authorize the Director of Finance to amend the FY 2008/09
adopted budget as outlined in the staff report and ?Attachment 1?
dated December 8, 2008 from Ken Fischer, Director of Public
Services.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an agreement between the City of San Bernardino and the County of
San Bernardino for participation in the San Bernardino County Sheriff
Department?s Prisoner Work Release Program. (See Attached) (Cost to the
City - $100 from the General Fund) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
20. Item deleted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Police
21. Public Hearing ? Resolution authorizing the obligation and expenditure of the
allocated Citizens? Option for Public Safety (COPS) monies for FY 2008/09 to
supplement front-line law enforcement support services. (See Attached) (Cost
to the City - $513,984; $327,659 from FY 08/09 Citizens Option Grant and
$186,325 from the General Fund) All
Wards
Resolution of the City of San Bernardino authorizing the obligation and
expenditure of the allocated Citizens Option for Public Safety (COPS Option)
monies for FY 08/09 to supplement front-line law enforcement support services.
MOTION: That the hearing be closed; and that said resolution be adopted.
12/15/2008
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END OF PUBLIC HEARINGS
STAFF REPORTS
Council Office
22. Municipal Code Section 2.01.010 Mayor Pro-Tempore ? Election of Mayor
Pro-Tempore. (See Attached) (No Cost to the City)
MOTION: That the Mayor and Common Council elect a Council member to
serve as Mayor Pro-Tempore until March 16, 2009.
23. National League of Cities Congress of Cities & Exposition Update. (See
Attached)
MOTION: That the Mayor and Common Council receive and file the
National League of Cities Congress of Cities and Exposition
Update.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM NOVEMBER 17, 2008
TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee Meeting on
October 9, 2008 ? Committee Members Present: Estrada, Baxter, Johnson
R24. Joint Public Hearing ? Waterman Holdings, LLC - Amendment No. 4 to the
2004 Disposition and Development Agreement (Central City East
Redevelopment Project Area). (New Staff Report and Resolutions Attached)
(Backup material distributed on November 3, 2008, Item No. R31;
continued to November 17, 2008, Item No. R31)
Ward 1
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to the disposition of certain real property by the
Redevelopment Agency of the City of San Bernardino (?Agency?) to
th
Waterman Holdings, LLC (4 and Waterman Avenue ? APN: 0135-191-
17) (Central City East Redevelopment Project Area).
(Item Continued on Next Page)
12/15/2008
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R24. Continued.
(Community Development Commission)
B.Resolution of the Community Development Commission of the City of
San Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino (?Agency?) to
Waterman Holdings, LLC, and authorizing the Interim Executive
Director of the Agency to execute Amendment No. 4 to the 2004
Disposition and Development Agreement, as amended, between the
th
Agency and Waterman Holdings, LLC (4 Street and Waterman Avenue
? APN: 0135-191-17) (Central City East Redevelopment Project Area).
The hearing remains open . . .
MOTION: That the hearing be closed; and that said resolutions A and
B, be adopted.
CONTINUED FROM NOVEMBER 25, 2008
TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee Meeting on
November 6, 2008 - Committee Members Present: Estrada, Baxter,
Johnson
R25. Joint Public Hearing - Maya Cinemas North America, Inc. ? 2008 Disposition
and Development Agreement (Central City North Redevelopment Project Area)
(New Staff Report and Resolutions Attached) (Backup material distributed on
November 17, 2008, Item No. R33; continued to November 25, 2008, Item
No. R2)
Ward 1
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to the disposition of certain real property by the
Redevelopment Agency of the City of San Bernardino (?Agency?) to
Maya Cinemas North America, Inc. (?Developer?) (450 North ?E?
Street ? APN: 0134-131-24, 25, 26, 27 and 28) (Central City North
Redevelopment Project Area). (Resolution not available at time of
printing.)
(Item Continued on Next Page)
12/15/2008
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R25. Continued.
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino (?Agency?) to
Maya Cinemas North America, Inc. (?Developer?), and authorizing the
Interim Executive Director of the Agency to execute the 2008
Disposition and Development Agreement by and between the Agency
and the Developer (450 North ?E? Street ? APN: 0134-131-24, 25, 26,
27 and 28) (Central City North Redevelopment Project Area).
Mayor to open hearing . . .
MOTION: That the hearing be closed; and that said resolutions A and
B, be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
26. 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.)
27. 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, January 5, 2009, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
12/15/2008
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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.
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