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HomeMy WebLinkAbout12-01-2008 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 th 4 Ward - 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 1, 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 page 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. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 12/01/2008 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): Margaret Spears v. City of San Bernardino, et al. ? San Bernardino Superior Court Case No. CIVSS 802927; Desrochers, Michael & Lowes, Steve v. City, et al. ? San Bernardino Superior Court Case No. CIVSS 708367 and United States District Court Case No. EDCV 06-1408 VAP (JCRx). 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: Public Counsel Law Center/Human Potential Community LLC v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Two (2) cases California Aviation Services, Inc. v. City of San Bernardino City v. Gage Canal 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) 12/01/2008 2 1. Continued. D. Closed Session ? personnel ? pursuant to Government Code Section 54957: Director of Code Compliance 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. 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 12/01/2008 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 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. 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: November 3, 2008 (Distributed 11/25/08) 12/01/2008 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 November 19, 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 November 21, 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 Clerk 9. Resolution of the Mayor and Common Council of the City of San Bernardino accepting the resignation of Fourth Ward Council Member, Neil Derry; calling a special election in the Fourth Ward of the City for March 17, 2009 to fill the vacant council seat in said ward, calling the special election to be conducted wholly by mail ballots; and other related matters. (See Attached)(Cost to the City - $39,000 from the General Fund) Ward 4 MOTION: That said resolution be adopted. City Manager?s Office 10. Request for waiver of fees ? YMCA Children?s Christmas Parade ? December 6, 2008 (See Attached) (Cost to the City - $7,145 from the General Fund; Civic and Promotion) Ward 1 MOTION: That the request for a waiver of fees in the amount of $7,145 for department, personnel and equipment costs associated with the st 31 Annual YMCA Children?s Christmas Parade scheduled for December 6, 2008 be approved; and that $7,145 be transferred from the Civic and Promotion Fund into various City departmental accounts as listed in the staff report from the City Manager, dated November 5, 2008, to recover their costs incurred in assisting with the parade. 12/01/2008 5 LAID OVER FROM NOVEMBER 17, 2008 Development Services 11. An Ordinance of the City of San Bernardino amending Chapter 19.10 (Special Purpose Districts) of the San Bernardino Municipal Code (Development Code) related to the University Hills Specific Plan. FINAL READING (Backup material distributed November 17, 2008, Item No. 38) Ward 5 MOTION: That said ordinance be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to AK Engineering for traffic signal modifications at Waterman Avenue and Parkdale Drive (TC05-07) per Project Plan No. 11628. (See Attached) (Cost to the City - $91,000 from Prop 1B Fund) Wards 4 & 7 MOTION: That said resolution be adopted. 13. A Resolution of the Mayor and Common Council of the City of San Bernardino declaring its intention to authorize the annexation of territory generally located between Palm Avenue and Olive Avenue southwesterly of Belmont Avenue (Annexation No. 7) to Community Facilities District No. 1033, and adopting an annexation map showing the territory of Annexation No. 7. (See Attached) (No Cost to the City) Ward 5 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, with Community Facilities District No. 1033 Annexation No. 7 for property consisting of a commercial development (CUP No. 07-31, First Assembly of God Church), located on the southwesterly side of Belmont Avenue southeasterly of Palm Avenue (APN 0261-151-07); and that said resolution be adopted. 14. Resolution of the City of San Bernardino canceling a Historic Property Preservation Agreement (Mills Act Contract) for property located at 783 North Mountain View Avenue. (See Attached) (No Cost to the City) Ward 1 MOTION: That said resolution be adopted. Human Resources 15. 2008 and 2009 Holiday Closure (See Attached) (No Cost to the City) (Item Continued on Next Page) 12/01/2008 6 15. Continued. MOTION: That the Mayor and Common Council authorize the closure of City Hall on Friday, December 26, 2008 and Friday, January 2, 2009 and require affected employees to take those days, using their own accrued leave. Mayor?s Office 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to submit the Juvenile Accountability Block Grant (JABG) Program Gang Intervention Grant and execute the Grant Agreement with the Corrections Standards Authority. (See Attached) (Cost to the City - $315,000 from Grant Funding) All Wards MOTION: That said resolution be adopted. Police 17. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of two FY 2007-08 COPS Technology Grant Applications and authorizing the Police Department to administer the awarded grant funds in accordance with the Grant Expenditure Plans. (See Attached) (Cost to the City - $631,328 from 07/08 COPS Technology Grant Funds) All Wards MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino authorizing the purchase of digital voice recorders and supporting hardware and software for the Police Department. (See Attached) (Cost to the City - $53,988.79 from the FY 2007- 08 COPS Technology Grant Funds) All Wards MOTION: That said resolution be adopted. Public Services 19. A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $73,248.61 to Cook Equipment Company pursuant to Section 3.04.010-B3 of the Municipal Code for a JCB 3CX14 4WD backhoe/loader to be utilized by the Public Services Department Street Division Sewer Maintenance crew. (See Attached) (Cost to the City - $73,248.61 from Sewer Line Maintenance Fund; Motor Vehicles) All Wards (Item Continued on Next Page) 12/01/2008 7 19. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008/09 Budget by transferring $73,300 from Account No. 132-431-5704 (Miscellaneous Equipment), to Account No. 132-431-5701 (Motor Vehicles). END OF CONSENT CALENDAR PUBLIC HEARINGS TO BE HEARD AT 4:30 P.M. Development Services 20. Appeal hearing - Variance No. 08-01 (Appeal No. 08-03) ? An appeal of the Planning Commission?s denial of a variance to permit construction of one th double-face illuminated pole sign for the business located at 285 East 9 Street th at the southwest corner of 9 Street and Waterman Avenue in the CG-1, Commercial General land use district. (See Attached) (No Cost to the City) Ward 1 Mayor to open hearing? MOTION: That the hearing be closed; and that the Mayor and Common Council deny Appeal No. 08-03 and uphold the Planning Commission?s denial of Variance No. 08-01, based upon the Findings of Fact contained in the Planning Commission Staff Report dated June 17, 2008. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM AUGUST 4, 2008 Development Services 21. Norton Space and Aeronautics Academy ? Reimbursement Agreement for waiver/reimbursement of fees. (New Request for Council Action Attached) (Backup material distributed on June 2, 2008, Item No. 15; Item continued to August 4, 2008, Item No. 38) Ward 1 MOTION: That the Mayor and Common Council continue consideration of a reimbursement agreement until March 16, 2009. END OF CONTINUED ITEMS 12/01/2008 8 COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee Meeting on November 6, 2008 ? Committee Members Present: Estrada, Baxter, Johnson R22. 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 MAPCO Corporation for professional consulting and engineering services of the Agency owned properties in the North Arden Guthrie Area (IVDA Redevelopment Project Area) (See Attached) Ward 7 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 23. 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.) 24. 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, December 15, 2008, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 12/01/2008 9 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. 12/01/2008 10