HomeMy WebLinkAbout10-20-2008 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, OCTOBER 20, 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 12 & 13.)
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: ___________________________________________
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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):
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. ?
San Bernardino Superior Court Case No. CIVSS 708367;
People v. Manta Management Corp. - San Bernardino Superior Court
Case No. SCV 18157; United States Supreme Court Case No. 08-325;
Starleana Baggett v. City of San Bernardino ? San Bernardino Superior
Court Case No. 801658;
Sandra Rueda v. City of San Bernardino ? San Bernardino Superior
Court Case No. 805125;
Justin Ryan Golding v. City of San Bernardino, et al. ? San Bernardino
Superior Court Case No. CIVSS 700129.
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)
Two (2) cases
California Aviation Services, Inc. v. City of San Bernardino
(Item Continued on Next Page)
10/20/2008
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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
In re Pioneer Cemetery, Block 21, lot 22, space 6N
D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Director of Code Enforcement
Chief of Police
Library Director
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 Marzullo, Interim Executive
Director, on behalf of the
Redevelopment Agency, and Scott
Bailey on behalf of CinemaStar
Luxury Theaters, Inc.
Under Negotiation: Terms and conditions of possible
lease amendment and assignment of
lease.
(Item Continued on Next Page)
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1. Continued.
2. Property Address: 450 North ?E? Street
APN: 0134-121-24 and
APN: 0134-131-25, 26, 27, 28
(Vacant Agency Property)
Negotiating Parties: Emil 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
10/20/2008
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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
20 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: September 17, 2008 (Distributed 10/8/08)
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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 October 16, 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 October 13, 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. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing a Tolling Agreement between the City of San Bernardino and the
County of San Bernardino concerning property tax administration fees. (See
Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted.
Development Services
10. Determination of Public Convenience or Necessity for an Alcoholic Beverage
Control Type 20 license (Off-sale Beer & Wine) for the Wal-Mart store located
at 4210 East Highland Avenue. (See Attached) (No Cost to the City) Ward 4
MOTION: That the Mayor and Common Council determine that the public
convenience or necessity is served by the proposed license and
direct the Development Services Department to send a letter to
the Department of Alcoholic Beverage Control to support
issuance of a Type 20 ABC license (Off-sale Beer & Wine) for
the Wal-Mart store located at 4210 East Highland Avenue.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Downstream Services, Inc. for cleaning sewer siphons at
various locations in the City of San Bernardino (SW-D 2007/08), per Project
Plan No. 12364. (See Attached) (Cost to the City - $75,000 from the Sewer
Line Maintenance Fund) (Resolution not available at time of printing.)
Wards 1, 3, & 5
(Item Continued on Next Page)
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11. Continued.
MOTION: That the Director of Finance be authorized to amend the FY
2008/09 Budget by transferring $40,000 from Account No. 132-
431-5505-7701 (SW-E) ?Miscellaneous Sewer Repairs? to
Account No. 132-431-5505-7475 (SW-D) ?Sewer Siphon
Flushing at Various Locations?; and that said resolution be
adopted.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Cooley Construction, Inc., for street improvements on
Kendall Drive from Bailey Court to Wagonwheel Road (SW06-35) per Project
Plan No. 11428. (See Attached) (Cost to the City - $480,927 from the Special
Gas Tax Fund) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
13. Resolution of the City of San Bernardino approving Amendment No. 4 to
Services Agreement with Lan Engineering Corporation for provision of
professional project management services for the design of the Mt. Vernon Ave.
viaduct over the BNSF Railroad. (See Attached) (Cost to the City - $40,740
from the Street Construction Fund) (Resolution not available at time of
printing.) Wards 1 & 3
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the final map for Tract Map No. 14112, located northeasterly of the
intersection of Foothill Drive and Sterling Avenue, accepting the public
dedications as set forth on said map; and authorizing execution of the standard
form of agreement for the improvements in said subdivision, with time for
performance specified. (See Attached) (No Cost to the City) (Resolution not
available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
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Fire
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of Finance or her designee to issue a purchase order to
Zoll Medical Corporation in the amount of $28,289.20 for a defibrillator. (See
Attached) (No Cost to the City - $28,289.20 from MMRS Grant Funding)
All Wards
MOTION: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the proclamation of a local emergency. (Staff Report and Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
Human Resources
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Services Agreement with Lien on Me, Inc. to
provide bill review services for the City?s Workers? Compensation Program
through the end of Fiscal Year 2008-2009. (See Attached) (Cost to the City -
$100,000 from Workers? Compensation Fund)
MOTION: That said resolution be adopted.
Police
18. Resolution of the City of San Bernardino authorizing the Mayor of San
Bernardino to execute Amendment No. 4 to the Services Agreement with the
San Bernardino City Unified School District for the operation of the school
crossing guard program by the Police Department. (See Attached) (Cost to the
City - $390,000 [of which $195,000 is reimbursed by the District] from the
General Fund) All Wards
MOTION: That said resolution be adopted
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager of San Bernardino to execute Amendment No. 1
to the Services Agreement with the Redlands Unified School District to share
the cost of a crossing guard at Victoria Elementary School in the City of San
Bernardino. (See Attached) (Cost to the City - $9,894 from the General Fund)
Ward 3
MOTION: That said resolution be adopted.
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Public Services
20. 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 $85,200 to EFS West pursuant to Section 3.04.010 B-3 of the
Municipal Code for the purchase and installation of three CNG storage bottles
from the County of San Bernardino for the City?s LNG/CNG fueling facility.
(See Attached) (Cost to the City - $85,200 from the Unappropriated Sewer
Fund Balance) Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Reviewed at the Legislative Review Committee Meeting of September 16,
2008 ? Committee Members Present: Kelley, Baxter, Brinker
Human Resources
21. Program for Customer Service Training for City Management Personnel. (See
Attached) (No Cost to the City)
MOTION: That the program for Customer Service Training for City
Management Personnel be received and filed.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
City Clerk
22. Public Hearing - Resolution imposing liens on property located within the City
of San Bernardino for uncollected Business Registration fees. (See Attached)
(No Cost to the City).) All Wards
Resolution of the City of San Bernardino imposing liens on certain parcels of
real property located within the City of San Bernardino for uncollected business
registration fees.
Mayor to open hearing . . .
MOTION: That the hearing be closed; that the City Clerk be directed to
administratively remove any properties from Exhibit A which
have been paid prior to the hearing; and that said resolution be
adopted.
10/20/2008
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TO BE HEARD AT 4:30 P.M.
Development Services
23. Public Hearing - Resolution Ordering Vacation of a portion of ?H? Street,
between Huff Street and College Drive (See Attached) (No Cost to the City)
Ward 3
Resolution of the City of San Bernardino ordering 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.
Mayor to open hearing . . .
MOTION: That the hearing be closed; that the Findings of Facts, as set forth
in the staff report dated September 22, 2008 from Valerie C.
Ross, the Director of Development Services, as to why the
portion of ?H? Street, between Huff Street and College Drive is
no longer necessary for public street purposes, be adopted; and
that said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM OCTOBER 6, 2008
City Attorney
24. An Urgency Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table
08.01, and adding Chapter 19.10-E, Emergency Shelter Overlay District, to
permit emergency shelters with approval of a building permit within areas of the
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IL, Industrial Light, land use district lying south of 3 Street, east of Waterman
Avenue and north of Central Avenue, declaring the urgency thereof, and taking
effect immediately. URGENCY (No backup material was distributed on
October 6, 2008, Item No. 39) (Staff Report and Ordinance not available at
time of printing.)
MOTION: That said urgency ordinance be adopted.
10/20/2008
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CONTINUED FROM OCTOBER 6, 2008
Council Office
25. Ordinance of the City of San Bernardino amending Title 2, ?Administration and
Personnel,? of the San Bernardino Municipal Code by amending Section
2.01.010 ?Mayor Pro-Tempore,? by repealing Section 2.76.040 ?Senior
Council Member,? and by amending Section 2.76.050 ?Assignment of
Committee Members and Designation of Committee Chairpersons.? FIRST
READING (Staff Report distributed on October 6, 2008, Item No. 41)
(Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
END OF CONTINUED ITEMS
STAFF REPORTS
City Clerk
26. Discussion and possible action concerning calling a special election to fill a
vacancy that will occur in the 4th Ward Council seat. (See Attached) (Cost to
the City - $39,000 from the General Fund) Ward 4
MOTION: That the City Clerk and City Attorney?s Office proceed with
preparing the required resolution(s) to call for a special election
th
to be held in the 4 Ward on Tuesday, March 17, 2009, and that
such election be conducted by all mail ballot; and that the
appropriate resolution(s) be placed on the December 1, 2008
agenda of the Mayor and Common Council.
Council Office
27. Presentation - Briefing on status of new San Bernardino County Courthouse ?
Discussion and possible action. (See Attached)
END OF STAFF REPORTS
10/20/2008
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COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee Meeting on
September 18, 2008 ? Committee Members Present: Estrada, Baxter,
Johnson
R28. Award of Construction Contract in the amount of $46,048.50 for Walls Support
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? California Theatre of the Performing Arts located at 562 West 4 Street
(Central City North Redevelopment Project Area) (See Attached) Ward 1
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
Construction Contract by and between the Agency and Francisco Construction
Company for improvements to the California Theatre of the Performing Arts
(Central City North Redevelopment Project Area).
MOTION: That said resolution be adopted.
R29. Item Deleted.
Recommended for approval at the Redevelopment Committee Meeting on
October 9, 2008 ? Committee Members Present: Estrada, Baxter, Johnson
R30. Maya Cinemas North America, Inc. ? Redevelopment Project Study and
Exclusive Right to Negotiate Agreement ? 20-Plex Theatre located at 450 North
?E? Street and for vacant Agency Property (Central City North Redevelopment
Project Area) (See Attached) Ward 1
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
the Redevelopment Project Study and Exclusive Right to Negotiate Agreement
with Maya Cinemas North America Inc. (?Developer?) (Central City North
Redevelopment Project Area).
MOTION: That said resolution be adopted.
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Recommended for approval at the Redevelopment Committee Meeting on
October 9, 2008 ? Committee Members Present: Estrada, Baxter, Johnson
R31. Agreement for the Administration and Implementation of a Community
Beautification Services and Blight Abatement Program between the City of San
Bernardino Parks, Recreation and Community Services Department (?Parks?)
and the Agency (See Attached) Wards 1,2,3&6
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
Memorandum of Understanding by and between the Agency and the City of San
Bernardino Parks, Recreation and Community Services Department (?Parks?)
(Central City Meadowbrook, Central City North, Central City South, Central
City West, Central City East, Mt. Vernon Corridor, Southeast, Uptown and
South Valle Redevelopment Project Areas).
MOTION#1: That said resolution be adopted.
MOTION#2: That the Mayor and Common Council of the City of San
Bernardino approve and authorize the Director of Parks,
Recreation and Community Services to execute the Memorandum
of Understanding (?MOU?) with the Redevelopment Agency of
the City of San Bernardino (?Agency?).
Recommended for approval at the Redevelopment Committee Meeting on
October 9, 2008 ? Committee Members Present: Estrada, Baxter, Johnson
R32. Review and Approval of the Agency?s Integrated Housing Strategy (See
Attached) All Wards
MOTION: That the Community Development Commission of the City of
San Bernardino approve the Redevelopment Agency of the City
of San Bernardino?s (?Agency?) Integrated Housing Strategy.
END OF COMMUNITY DEVELOPMENT COMMISSION
33. 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.)
10/20/2008
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34. 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 3, 2008, 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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