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HomeMy WebLinkAbout02-02-2009 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 th 4Ward - 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, FEBRUARY 2, 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 & 11.) 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: ___________________________________________ 02/02/2009 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): In the Matter of the Industrial Disability Retirement Application of Garrett Zimmon and the City of San Bernardino ? OAH Case No. 2007080890; Koster v. San Bernardino City Fire Department, et al. ? San Bernardino County Superior Court, Case No. SCVSS 811048; Alvarez, Jaime, et al. ? USDCCV ? 00-03048 PA (Rcx); Rodriguez v. Patton, et al. ? San Bernardino County Superior Court, Case No. CIVSS 808201. 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) California Aviation Services, Inc. v. City of San Bernardino Helper, Linda & Guerra, Jerry 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 (Item Continued on Next Page) 02/02/2009 2 1. Continued. D. Closed Session ? personnel ? pursuant to Government Code Section 54957: 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: Fire Safety Unit Police Safety Unit Police Management Unit Management/Confidential Mid-Management Unit General Unit 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 and the City, and Moctesuma Esparza, CEO and Founder on behalf of Maya Cinemas. Under Negotiation: Purchase price, loan terms and conditions. END OF CLOSED SESSION 02/02/2009 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. 3. Presentations. 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 16 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: December 15, 2008 (Distributed 1/26/09) January 5, 2009 (Distributed 1/26/09) 02/02/2009 4 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 22, 2009, 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 22, 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. LAID OVER FROM JANUARY 20, 2009 City Attorney 9. An Ordinance of the City of San Bernardino amending Chapter 15.24 of the San Bernardino Municipal Code relating to property maintenance requirements. FINAL READING All Wards MOTION: That said ordinance be adopted. Development Services 10. Authorize the Director of Development Services to execute Contract Change Order Number One with Nikola Construction Corporation for sewer improvements in Industrial Parkway, Tippecanoe Avenue, and ?I? Street and Pavement Rehabilitation on Sterling Avenue (SW05-05, SW05-06, SW04-36, & SS06-56), per Project Plan No. 11923A. (See Attached) (Cost to the City - $100,774.25 from Infrastructure Loan and Sewer Line Construction Fund) Wards 1, 6, & 7 MOTION: That the Director of Development Services be authorized to execute Contract Change Order Number One with Nikola Construction Corporation for Sewer improvements in Industrial Parkway, Tippecanoe Avenue, and ?I? Street and Pavement Rehabilitation on Sterling Avenue (SW05-05, SW05-06, SW04- 36 & SS06-56), per Project Plan No. 11923A. 02/02/2009 5 11. Resolution of the City of San Bernardino establishing a fair market value and sales price of $527,323 and declaring the intention of the City to sell City of San Bernardino Municipal Water Department owned property generally located th south of 9 Street and west of ?H? Street to the State of California Department of Transportation relative to the widening of the I-215 freeway and setting a public hearing for March 2, 2009 at 4:00 p.m., to consider said sale. (See Attached) (No Cost to the City) Ward 1 MOTION: That the Director of Development Services be authorized to proceed with the sale of a portion of City of San Bernardino Municipal Water Department owned real property to Caltrans th generally located south of 9 Street and west of ?H? Street (APN 0140-191-41); and that said resolution be adopted. 12. Item deleted. Fire 13. Resolution of the City of San Bernardino amending Resolution 2008-149 establishing a fee for Fire Department removal of hazardous materials spills resulting from traffic collisions. (See Attached) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008-2009 Adopted Budget and decrease General Fund revenue associated to Haz Mat cleanup included in Account No. 001-000-4709 by $195,000 (rounded) from $477,500 to a new total of $281,600; that a new revenue account for this fee with a budget of $79,200 be established; and that the expenditures in the amount of $47,500 (rounded) associated with this program be incorporated into the FY 2008- 2009 Fire Department Budget by appropriating $47,500 from the General Fund Budget Reserve. Parks, Recreation & Community Development 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute Amendment No. 1 to the vendor service agreement with Golden West Landscape Contractor, and the Director of Finance to increase the following contracts by the stated amounts: Contract Nos. 09-054 (Area ?D?) - $12,176; 09-047 (Area ?F?) - $11,708: 09- 048 (Area ?G") - $78,114; 09-049 (Area ?H?) - $92,558; and 09-053 (Area ?I?) - $5,703 issued to Golden West Landscape Contractor for landscape maintenance services in Landscape Maintenance Districts Areas ?D?, ?F?, ?G?, ?H? and ?I? for the term February 2, 2009 through January 31, 2010. (See Attached) (Cost to the City - $200,259 from Various Assessment District Funds) Wards 3, 4, & 6 (Item Continued on Next Page) 02/02/2009 6 14. Continued. MOTION: That said resolution be adopted. 15. Resolution of the Mayor and Common Council of the City of San Bernardino approving the template letter of agreement in concept, and authorizing the Interim City Manager to execute a KaBOOM! Outreach statement on behalf of the City of San Bernardino as required for consideration for a community-build playground proposed for construction at the Rudy C. Hernandez Community Center located at Meadowbrook Park. (See Attached) (No Cost to the City - $10,000 from Fund Raising Activities) Ward 1 MOTION: That said resolution be adopted. 16. Item deleted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee Meeting January 21, 2009 ? Committee Members Present: Kelley, Baxter, Brinker 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the San Bernardino Black Culture Foundation for financial assistance from the Civic and Promotion Fund for FY 2008-09. (See Attached) (Cost to the City - $4,500 direct and $21,331 indirect from the Cultural Development Fund) Ward 1 MOTION: That said resolution be adopted; and that the Mayor and Common Council authorize direct funding in amount of $4,500 and indirect funding in the amount of $21,331 be transferred from the 2008- 09 Civic and Promotion Fund to various City departmental accounts as listed in the attached staff report dated January 12, 2009 from Interim City Manager, Mark Weinberg; and authorize a waiver of fees and use of City personnel and equipment to assist with the 2009 Black History Parade scheduled for February 7, 2009. END OF COMMITTEE CONSENT 02/02/2009 7 STAFF REPORTS City Manager 18. Budget Workshop (EDA Board Room) MOTION: That the matter be discussed and possible action taken regarding budget balancing measures for the FY 08/09 and FY 09/10 budgets. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM JANUARY 20, 2009 Recommended for approval at the Redevelopment Committee Meeting on November 20, 2008 ? Committee Members Present: Estrada, Baxter, Johnson R19. Recommend transfer of personnel and certain assets of the City to the Agency related to the CATV Division (See Attached) (No backup material was distributed on January 20, 2009, Item No. R39.) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving the transfer of personnel and certain assets of the City related to the CATV Division and the restructuring thereof within the Redevelopment Agency of the City of San Bernardino and approving and authorizing execution of an Asset and Personnel Transfer Agreement. (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino concurring with Mayor and Common Council resolution approving the transfer of personnel and certain assets of the City related to the CATV Division and the restructuring thereof within the Redevelopment Agency of the City of San Bernardino and approving and authorizing execution of an asset and personnel transfer agreement. MOTION: That said resolutions be adopted. 02/02/2009 8 CONTINUED FROM JANUARY 20, 2009 Recommended for approval at the Redevelopment Committee Meeting on December 18, 2008 ? Committee Member Present: Baxter and Johnson R20. Watson-Westridge, LLC ? Amendment No. 1 to the 2005 Disposition and Development Agreement (144.52-Acre Residential Development located north of Foothill Drive and east of Sterling Ave) (New Request for Council Action Attached) (Backup material was distributed on January 20, 2009, Item No. R38.) Ward 4 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 Amendment No. 1 to the 2005 Disposition and Development Agreement by and between the Agency and Watson-Westridge, LLC (?Developer?) (144.52-acre residential development located north of Foothill Drive and East of Sterling Avenue). MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee Meeting on January 22, 2009 ? Committee Members Present: Johnson, Baxter and Brinker R21. Formation of a Property and Business Improvement District (?PBID?) for the San Bernardino Auto Center (Southeast Industrial Park and IVDA Redevelopment Project Areas) (See Attached) Ward 3 Resolution of Intent of the Mayor and Common Council of the City of San Bernardino providing for the formation of a Property and Business Improvement District within a certain area of the City of San Bernardino and taking other actions in connection therewith (Auto Center PBID) (Southeast Industrial Park and IVDA Redevelopment Project Areas). MOTION: That said resolution be adopted. R22. Implementation of the Maya Cinemas North America, Inc., Disposition and Development Agreement (See Attached) Ward 1 MOTION: That the Mayor and Common Council of the City of San Bernardino authorize the submittal of a HUD Section 108 Loan Application to the U.S. Department of Housing and Urban Development. END OF COMMUNITY DEVELOPMENT COMMISSION 02/02/2009 9 PLANNING ITEMS TO BE HEARD AT 4:30 P.M. Development Services 23. Public hearing - General Plan Amendment No. 07-01 & Conditional Use Permit No. 07-34 ? A request to change the General Plan land use designation of a 17,516 square foot parcel from RS, Residential Suburban to CG-1, Commercial General, with a request to construct a 3,600 square foot multi-tenant retail th building on the site located at the northeast corner of 30 and ?E? Streets. (See Attached) (No Cost to the City) Ward 7 Owner/Applicant: Allan Steward 1257 West Colton Avenue Redlands, CA 92374 Resolution of the City of San Bernardino adopting General Plan Amendment No. 07-01 to the General Plan of the City of San Bernardino to change the General Plan Land Use Designation from RS, Residential Suburban, to CG-1 Commercial General, and approving Conditional Use Permit No. 07-34 to permit construction of a multi-tenant retail building on a 17,516 square foot th parcel located at the northeast corner of 30 and ?E? Streets. Mayor to open hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 4:30 P.M. Development Services 24. Appeal hearing - Conditional Use Permit No. 07-25 (Appeal No. 08-06) ? Appeal of the Planning Commission?s denial of a Conditional Use Permit to construct a 1,893 square foot drive-thru restaurant and 3,440 square foot retail building on a 29,537 square foot parcel located at the southeast corner of th Waterman Avenue and 29 Street in the CG-1, Commercial General land use district. (See Attached) (No Cost to the City) Ward 7 Owner: Segal Family Partnership Robert Segal, Trustee th 1250 6 Street, Suite 400 Santa Monica, CA 90401 (Item Continued on Next Page) 02/02/2009 10 24. Continued. Appellant: Citicom Development Allan Steward 1257 W. Colton Ave. Redlands, CA 92374 Mayor to open hearing . . . MOTION: That the matter be continued to February 17, 2009. END OF PLANNING ITEMS Recommended for approval at the Redevelopment Committee Meeting on January 8, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R25. Resolution of the Community Development Commission of the City of San Bernardino, California, approving an Agreement with June Durr, Marketing and Public Relations Consultant, and authorizing execution thereof, providing for professional marketing and public relations consultant services. (See Attached) All Wards MOTION: That said resolution be adopted. City Attorney 26. Report on final disposition of State Bar Complaint against City Attorney James F. Penman filed by Arthur Margolis on behalf of Judith Valles Case No. 05- 17429/08-0-10457. (Staff Report not available at time of printing.) MOTION: That the Mayor and Common Council authorize services of Erica Tabachnick, Attorney at Law, for City Attorney?s Office ethics issues in an amount not to exceed $1,500. 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.) 02/02/2009 11 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 17, 2009, 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. 02/02/2009 12