HomeMy WebLinkAbout01-05-2009 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, JANUARY 5, 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 8-10.)
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
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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):
RDA v. Alvarez ? San Bernardino County Superior Court Case No.
SCVS 086091;
Janet Allen v. City of San Bernardino ? San Bernardino County Superior
Court Case No. CIVSS 804451;
City of San Bernardino Municipal Water Department v. The United
States Department of the Army ? U.S. District Court Case Nos. CV 96-
8867 & CV 96-5205;
Abdullah, Ghassan N. v. City, et al. ? San Bernardino County Superior
Court Case No. SCVSS 126706;
Adams, Deanna Helena Petrovna v. City, et al. ? San Bernardino County
Superior Court Case No. SCVSS 126708;
Allen, Jamora, et al. v. City, et al. ? San Bernardino County Superior
Court Case No. CIVSS 805915;
Alvarez, Jaime, et al. v. City, et al. ? United States District Court Case
No. CV-00-03048 PA (Rcx);
Alvarez, Jaime, et al. (RDA v.) ? San Bernardino County Superior
Court Case No. SCVSS 086091;
Batey, Jane, et al. v. City, et al. ? San Bernardino County Superior
Court Case No. SCVSS 141503;
(Item Continued on Next Page)
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1. Continued.
County of San Bernardino (City v.) ? Los Angeles Superior Court Case
No. KC49711 ?J?;
Desrochers, Michael, Lowes, Steve v. City, et al. ? United States
District Court Case No. EV06-1408 VAP (JCRx);
Desrochers, Michael, Lowes, Steve v. City, et al. ? San Bernardino
County Superior Court Case No. CIVSS 708367;
Flores, Emelio S., et al. v. City of Highland, et al. ? San Bernardino
County Superior Court Case No. CIVSS 700464;
Glander, Maria v. City, et al. ? Los Angeles Superior Court Case No.
BC324026;
Golding, Justin Ryan v. City, et al. ? San Bernardino County Superior
Court Case No. CIVSS 700791;
Hearns, Kimberlyn v. City, et al. ? United States District Court Case
No. EDCV03-01434 RT (SGLx);
Hearns, Kimberlyn v. City, et al. ? United States District Court Case
No. CV05-04524 GHK (RZX);
Jackson, Dennis, et al. v. City, et al. ? San Bernardino County Superior
Court Case No. CIVSS 800797;
Lopez, Jose Luis, Jr., et al. dba The Club (Peo. v.) ? San Bernardino
County Superior Court Case No. SCVSS 134051;
Manta Management Corp. (Peo. v.) #1 ? San Bernardino County
Superior Court Case No. SCV 18157;
Manta Management Corp. (Peo. v.) #2 ? San Bernardino County
Superior Court Case No. SCVSS 117285;
Maravilla, Luisa v. Deanna Marie Crosby, et al. ? San Bernardino
County Superior Court Case No. CIVSS 707097;
Montez, Rodolfo v. City of San Bernardino Municipal Water Dept., et
al. ? San Bernardino County Superior Court Case No. CIVSS 701871;
(Item Continued on Next Page)
01/05/2009
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1. Continued.
Moore, Adrian Eugene v. City, et al. ? United States Court Case No.
CV01-03064 DDP (RZ);
Osias, Daniel, an ind., et al. (City v.) ? San Bernardino County Superior
Court Case No. SCVSS 140090;
Pilcher, Est. Of Roy A., et al. (City v.) ? San Bernardino County
Superior Court Case No. SCVSS 144328;
Redden, Deryl v. City, et al. ? San Bernardino County Superior Court
Case No. SCVSS 144245;
Romero, Miguel, et al. v. City, et al. ? San Bernardino County Superior
Court Case No. CIVSS 703673;
San Bernardino City Professional Firefighters, Local 891 v. City, et al. ?
San Bernardino County Superior Court Case No. CIVSS 807685;
Soderbloom, Don v. City, et al. ? DLSE State Case No. 4962;
State of California ex rel. Nora Armenta v. James Jones, Co. ? Los
Angeles Superior Court Case No. BC173487;
Wang, H. Roger, et al. v. Wal-Mart Real Estate Business Trust, et al. ?
San Bernardino County Superior Court Case No. SCVSS 129158;
Watson, Zakyia, et al. v. City, et al. ? San Bernardino County Superior
Court Case No. CIVSS 807970;
Weisenberger, Timothy, et al. v. State of California, et al. ? San
Bernardino County Superior Court Case No. SCVSS 134901;
Zimmon, Garrett-Ind. Disability Ret. Application ? OAH#2007080890.
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
(Item Continued on Next Page)
01/05/2009
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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
D. Closed Session ? personnel ? pursuant to Government Code Section
54957.
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:
General Unit
Mid-Management Unit
Management/Confidential
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
01/05/2009
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Wayne Hendrix ? Board of Water Commissioners ? Mayor Morris. (See
Attached)
MOTION: That the appointment of Wayne Hendrix to the Board of
Water Commissioners, as requested by Mayor Morris, be
approved.
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
11 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.
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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 17, 2008 (Distributed 12/11/08)
November 25, 2008 (Distributed 12/16/08)
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 18, 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 19, 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.
Development Services
9. Determination of Public Convenience or Necessity for a Type 20 Alcoholic
Beverage Control (ABC) license (Off-sale Beer & Wine) for the Union 76
service station located at 1950 South Waterman Avenue. (See Attached) (No
Cost to the City) Ward 3
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 for the Union 76 service
station located at 1950 South Waterman Avenue.
10. Item deleted.
City Attorney
11. Ratification of the City Manager?s freeze on hiring, travel and training for
Manager-Directed Departments. (See Attached) All Wards
MOTION: That the Mayor and Common Council ratify the actions of the
City Manager to impose a freeze on hiring, travel, and training
for Manger-Directed Departments.
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END OF CONSENT CALENDAR
STAFF REPORTS
Council Office
12. Council Committee Assignments (See Attached)
MOTION: That the recommended Council Committee Assignments be
approved.
END OF STAFF REPORTS
CONTINUED ITEMS
CONTINUED FROM DECEMBER 15, 2008
City Manager
13. Transfer $200,000 from the Reserved General Fund to the City Attorney?s
budget as follows: $164,000 to Account No. 001-051-5503 and $36,000 to
Account No. 001-051-5177 (New Staff Report Attached) (Backup material
distributed on December 15, 2008, Item No. 9).
MOTION: That the Director of Finance be authorized and directed to amend
the FY 2008/2009 budget and appropriate $200,000 from the
Reserved General Fund to the City Attorney?s budget as follows:
$164,000 to Account No. 001-051-5503 (Litigation ? Outside
Attorneys) and $36,000 to Account No. 001-051-5177 (Litigation
? Expense).
CONTINUED FROM DECEMBER 15, 2008
Council Office
14. National League of Cities Congress of Cities and Exposition Update. (Request
for Council Action distributed on December 15, 2008, Item No. 23)
MOTION: That the Mayor and Common Council receive and file the
National League of Cities Congress of Cities and Exposition
Update.
END OF CONTINUED ITEMS
COMMUNITY DEVELOPMENT COMMISSION
R15. EDAW, Inc. Presentation on the Open House Update on the San Bernardino
Downtown Core Vision/Action Plan (Central City North Redevelopment Project
Area) (See Attached) Ward 1
MOTION: That the Community Development Commission of the City of
San Bernardino receive and file the PowerPoint Presentation/
Report by EDAW, Inc.
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Recommended for approval at the Redevelopment Committee Meeting on
December 18, 2008 ? Committee Members Present: Baxter, Johnson
R16. Bryan A. Stirrat & Associates ? Professional Services Agreement (See
Attached) Wards 1, 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
Professional Services Agreement by and between the Agency and Bryan A.
Stirrat & Associates for Brownfields inventory and prioritization/selection
criteria for sites to receive future environmental evaluation (the area bounded by
Ninth Street to Mill Street and Pepper Street to Tippecanoe Avenue)
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee Meeting on
December 18, 2008 ? Committee Members Present: Baxter, Johnson
R17. Assistance League of San Bernardino ? Amendment No. 3 to the Maintenance
and Operation Contract (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
Amendment No. 3 to the Maintenance and Operation Contract by and between
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the Agency and the Assistance League of San Bernardino (580 West 6 Street,
San Bernardino ? (Central City North Redevelopment Project Area)
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee Meeting on
December 18, 2008 ? Committee Members Present: Baxter, Johnson
R18. Holiday Inn Project at Orange Show Road and South ?E? Street ?
Redevelopment Cooperation Agreement with the Inland Valley Development
Agency (IVDA Redevelopment Project Area) (See Attached) Ward 3
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 an
agreement by and between the Agency and the Inland Valley Development
Agency (?IVDA?) to transfer authority to the Agency as to certain property
proposed for development by BLBT Enterprises, LLC (?Developer?), at Orange
Show Road and South ?E? Street.
MOTION: That said resolution be adopted.
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Recommended for approval at the Redevelopment Committee Meeting on
December 18, 2008 ? Committee Members Present: Baxter, Johnson
R19. Cooperative Agreement among the Redevelopment Agency, the Inland Valley
Development Agency, the County of San Bernardino and the City of San
Bernardino for the acquisition, development and rehabilitation of properties
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located in the 3 Street Corridor between Waterman Avenue and Tippecanoe in
the unincorporated portion of San Bernardino (IVDA Redevelopment Project
Area) (See Attached) Ward 3
(Mayor and Common Council)
MOTION A: That the Mayor and Common Council of the City of San
Bernardino approve in concept a Cooperative Agreement by and
among the Redevelopment Agency of the City of San Bernardino
(?Agency?), the Inland Valley Development Agency (?IVDA?),
the County of San Bernardino and the City of San Bernardino for
the acquisition, development and rehabilitation of properties in
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the 3 Street Corridor between Waterman Avenue and
Tippecanoe Avenue in the unincorporated portion of the County
of San Bernardino.
(Community Development Commission)
MOTION B: That the Community Development Commission of the City of
San Bernardino approve in a Cooperative Agreement by and
among the Redevelopment Agency of the City of San Bernardino
(?Agency?), the Inland Valley Development Agency (?IVDA?),
the County of San Bernardino and the City of San Bernardino for
the acquisition, development and rehabilitation of properties in
rd
the 3 Street Corridor between Waterman Avenue and
Tippecanoe Avenue in the unincorporated portion of the County
of San Bernardino.
END OF COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
Human Resources
20. Public hearing ? Impasse on San Bernardino Fire Department use of a 24-day
work period under the Fair Labor Standards Act pursuant to Resolution No.
10584, Section 13. (See Attached)
Mayor to open hearing . . .
MOTION: That the hearing be closed; and that the 24-day work period for
City firefighters be implemented forthwith.
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21. 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.)
22. 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, January 20, 2009, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
01/05/2009
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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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