HomeMy WebLinkAbout02-16-2010 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
Fred Shorett
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
TUESDAY, FEBRUARY 16, 2010 ? 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 11-13.)
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
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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 subject to staff?s ability to post the documents before
the meetings.
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
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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):
Edward King, et al. v. City of San Bernardino, et al. ? United States
District Court, Case No. CV-090339-SJO (PJWx);
Manta Management Corporation v. City of San Bernardino ? San
Bernardino County Superior Court, Case No. CIVSS 813499;
Citizens for the Responsible Equitable Environmental Development v.
City ? San Bernardino County Superior Court, Case No. CIVDS
918169;
People v. Margaret Sherman, et al. ? San Bernardino County Superior
Court, Case No. SIVDS 917881;
Edward Daves, et. v. City of San Bernardino, et al. ? San Bernardino
County Superior Court, Case No. CIVSS 815804;
Jan and Dan Batey v. City of San Bernardino ? San Bernardino County
Superior Court, Case No. SCVSS 141503.
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)
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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.
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
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
Moctesuma Esparza on behalf of
Maya Cinemas North America, Inc.
Under Negotiation: Purchase price, terms and
conditions.
END OF CLOSED SESSION
02/16/2010
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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 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
21 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: January 19, 2010 (Distributed 2/4/2010)
February 1, 2010 (Distributed 2/8/2010)
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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 February 2, 2010,
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 February 11, 2010, 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. City of San Bernardino 2010-2011 Federal appropriations funding requests (See
Attached)
MOTION: That the recommended projects be approved and that any
additional projects be considered as requested by Council.
Code Enforcement
10. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain records no longer required to be maintained
by the City of San Bernardino Code Compliance Department. (See Attached)
(No Cost to the City)
MOTION: That said resolution be adopted.
Development Services
11. Authorize the Director of Development Services to execute Contract Change
Order No. Three with Matich Corporation in the amount of $32,238.62 for the
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Realignment of Viaduct Boulevard between 2 Street and 3 Street (SD08-01),
per Project Plan Nos. 12325 & 12326. (See Attached) (Cost to the City -
$32,238.62 from Prop 1 Funding) Wards 1 & 3
MOTION: That the Director of Development Services be authorized to
execute Contract Change Order No. Three with Matich
Corporation in the amount of $32,238.62 for the Realignment of
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Viaduct Boulevard between 2 Street and 3 Street (SD08-01),
per Project Plan Nos. 12325 & 12326.
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12. Authorize the Director of Development Services to execute Contract Change
Order No. One with Weka, Inc. for Sanitary Sewer Improvement Relocations
for I-215 Freeway Widening, Segments 1, 2 and 5 (SW09-03), per Project Plan
No. 12574. (See Attached) (Cost to the City - $212,896 from Street
Construction Fund/Caltrans Reimbursement) Wards 1, 2 & 6
MOTION: That the Director of Development Services be authorized to
execute Contract Change Order No. One with Weka, Inc. for the
Sanitary Sewer Improvement Relocations for the I-215 Freeway
Widening, Segments, 1, 2 and 5 (SW09-03), per Project Plan No.
12574.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Bomel Construction Company, Inc. for construction of
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the Metrolink parking structure at 1275 W. 3 Street near the Santa Fe Depot
(GB 04-19), Federal Project No. CML-5033 (039), EA #08-924883L per plans
and special provision Nos. 12591, 12328, 12336, 12337, 12327, 12348. (See
Attached) (Cost to the City - $5,342,660 from Street Construction
Fund/Santa Fe Depot Parking Structure) Wards 1 & 3
MOTION: That said resolution be adopted.
14. Resolution of the City of San Bernardino approving a Memorandum of
Understanding between the Metropolitan Water District of Southern California
(Metropolitan) and the City of San Bernardino relating to the Inland Feeder
Project and authorizing the City Clerk to accept a permanent easement deed
from Metropolitan for Kendall Drive right-of-way. (See Attached) (No Cost to
the City) Wards 2, 4, 5, 6 & 7
MOTION: That said resolution be adopted.
15. Authorize the Director of Development Services to reimburse GFC Enterprises,
LLC the installation of a traffic signal at the intersection of Valaria Drive and
Pacific Street. (See Attached) (Cost to the City - $150,830 from Local
Circulation Fee Fund) Ward 7
MOTION: That the Director of Development Services be authorized to
reimburse GFC Enterprises, LLC for the installation of the traffic
signal at the intersection of Valaria Drive and Pacific Street.
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Facilities
16. 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 to
Air Cleaning Systems for the construction of the Fire Department vehicle
exhaust removal system. (See Attached) (Cost to the City - $369,049:
$295,239.20 from DHS Grant and $73,809.80 from Fire Department
General Fund) Wards 1, 3, 4, 5, 6 & 7
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 by
and between California State University, San Bernardino and the City of San
Bernardino allowing for the University?s use of Fiscalini Field from December
26, 2009 through December 25, 2010, with the option of three (3) one-year
renewals and repealing Resolution No. 09-378. (See Attached) (No Cost to the
City) Ward 2
MOTION: That said resolution be adopted.
18. Resolution ratifying the submittal of a grant application to General Mills
Champions for Healthy Kids for the amount of $10,000 to implement the
?Stepping Out Childhood Obesity? annual Drill, Dance, Stomp, Step & Drum
Competition. (See Attached) (Cost to the City - $10,000 from Westside
Steppers Trust Grant Funding) Ward 1
MOTION: That said resolution be adopted.
Police
19. Resolution of the Mayor and Common Council of the City of San Bernardino
establishing tow carrier franchise fees as required by Resolution 2005-286 and
the City?s existing tow service agreements. (See Attached) (Annual Revenue
Decrease to the General Fund of $85,820) All Wards
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 amendment and increase to annual Purchase
Order Number 210491 by $200,100 to Guzman Construction Company for
additional concrete repairs. (See Attached) (Cost to the City $200,100 from
Capital Improvement Projects Fund) All Wards
MOTION: That said resolution be adopted.
Water
21. Receive and File ? Annual Audit of the Water Department?s Water and Sewer
Utilities for the fiscal year ending June 30, 2009. (See Attached)
MOTION: That the Mayor and Council receive and file the Annual Audit of
the Water Department?s Water and Sewer Utilities for the fiscal
year ending June 30, 2009.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Ad Hoc Committee meeting of
February 9, 2010 ? Committee Members Present: Baxter, Johnson
Parks, Recreation and Community Services
22. Resolution authorizing the submittal of four grant applications to the California
State Parks Office of Grants and Local Services Proposition 84 Funds totaling
up to $20 million for the development of new park space and renovation of
existing recreation and park facilities. (See Attached) (No Cost to the City ? up
to $20,000,000 from Grant/CIP Funding) Wards 1, 6 & 7
MOTION: That said resolution be adopted.
Reviewed at the Ways & Means Committee meeting of January 20, 2010 ?
Committee Members Present: Kelley, Baxter, Brinker
City Manager
23. Ways and Means Committee request to list fund/account balances on Council
agenda items (See Attached)
MOTION: That the request to list fund/account balances on Council agenda
items be approved.
END OF COMMITTEE CONSENT
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CONTINUED ITEMS
CONTINUED FROM DECEMBER 7, 2009
Development Services
24. Norton Space and Aeronautics Academy ? Reimbursement Agreement for
waiver/reimbursement of fees. (Backup material distributed on June 2, 2008,
Item No. 15; item continued to August 4, 2008, Item No. 38; New Request
for Council Action distributed on December 1, 2008, Item No. 21; item
continued to March 16, 2009, Item No. 25; item continued to July 6, 2009,
Item No. 50; item continued to December 7, 2009, Item No. 28.) Ward 1
MOTION: That the matter be continued to June 21, 2010.
CONTINUED FROM FEBRUARY 1, 2010
Public Services
25. An Ordinance of the City of San Bernardino amending the definition of "Roll-
off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San
Bernardino Municipal Code. FIRST READING (No Cost to the City)
(Backup distributed on February 1, 2010, Item No. 23.) (Ordinance not
available at time of printing.) All Wards
MOTION: That the matter be continued to March 1, 2010.
END OF CONTINUED ITEMS
PLANNING ITEMS
CONTINUED FROM FEBRUARY 1, 2010
TO BE HEARD AT 4:30 P.M.
Development Services
26. Appeal Hearing - An appeal of the Planning Commission?s approval of
Conditional Use Permit No. 07-15, a request to expand an existing 129,794
square foot retail commercial building by 41,644 square feet to a total of
171,438 square feet on approximately 15.13 acres located on the north side of
Highland Avenue at the intersection with Boulder Avenue, at 4210 East
Highland Avenue in the CG-1, Commercial General land use district (Appeal
No. 09-03) (No Cost to the City) (Backup material distributed on January 4,
2010, Item No. 18; item continued to January 19, 2010, Item No. 15; item
continued to February 1, 2010, Item No. 25.) Ward 4
(Item Continued on Next Page)
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26. Continued.
Applicant/Owner: Wal-Mart Real Estate Business Trust
c/o: Jennifer Guenther
Gresham Savage Nolan & Tilden, PC
550 East Hospitality Lane, Suite 300
San Bernardino, CA 92408-4205
Appellant: Citizens for Responsible Equitable Environmental
Development (CREED)
c/o: Cory J. Briggs, Briggs Law Corporation
99 East ?C? Street, Suite 111
Upland, CA 91786
The hearing remains open?
MOTION: That the matter be continued to March 1, 2010.
END OF PLANNING ITEMS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM FEBRUARY 1, 2010
Recommended for approval at the Redevelopment Committee meeting on
December 3, 2009 ? Committee Members Present: Johnson, Brinker,
Shorett (alternate)
R27. Bogh Engineering, Inc. ? Construction Contract for construction of the Eastside
Skate Park and handicapped access improvements at Speicher Park (Backup
distributed on February 1, 2010, Item No. R26.) Ward 7
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Redevelopment Agency of the
City of San Bernardino (?Agency?) to be the lead Agency for the design
and construction of the Eastside Skate Park at Speicher Park located at
1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project
Area). (Resolution not available at time of printing.)
(Item Continued on Next Page)
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R27. Continued.
(Community Development Commission)
B. 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 Bogh Engineering, Inc., for construction of the Eastside
Skate Park at Speicher Park located at 1535 Arden Avenue, San
Bernardino (IVDA Redevelopment Project Area).
MOTION: That said resolutions A and B, be adopted.
Recommended for approval at the Redevelopment Committee meeting on
January 21, 2010 - Committee Members Present: Baxter, Brinker
R28. Amendment ? Personnel Policies and Procedures for Employees of the City of
San Bernardino Economic Development Agency (See Attached)
(Community Development Commission)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing an amendment to Section 5.B., Working
Hours, of the Personnel Policies and Procedures for employees of the City of
San Bernardino Economic Development Agency.
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting on
January 7, 2010 - Committee Members Present: Johnson, Brinker
R29. Designate Agency Check Signers and Co-signers and authorize the
establishment of checking and deposit accounts with Citizens Business Bank and
Citizens Trust (See Attached) All Wards
(Community Development Commission)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the designation of check signers and co-
signers for the Redevelopment Agency of the City of San Bernardino and
authorizing the deposit of Agency funds with Citizens Business Bank and
Citizens Trust.
MOTION: That said resolution be adopted.
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Recommended for approval at the Redevelopment Committee meeting on
January 7, 2010 - Committee Members Present: Johnson, Brinker
R30. Reimbursement Agreement between the City and the Redevelopment Agency of
the City of San Bernardino for the off-site drainage and appurtenant work at the
intersection of Highland and Central Avenues (TELACU Housing - San
Bernardino IV, Inc., Senior Housing Project - IVDA Redevelopment Project
Area) (See Attached) Ward 4
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the City Manager of the City of
San Bernardino to execute the Reimbursement Agreement between the
City and the Redevelopment Agency of the City of San Bernardino for
the off-site drainage and appurtenant work at the intersection of Highland
and Central Avenues (TELACU Housing ? San Bernardino IV, Senior
Housing Project - IVDA Redevelopment Project Area). (Resolution not
available at time of printing.)
(Community Development Commission)
B. 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 Reimbursement Agreement between the City
and the Agency for the off-site drainage and appurtenant work at the
intersection of Highland and Central Avenues (TELACU Housing ? San
Bernardino IV, Inc., Senior Housing Project - IVDA Redevelopment
Project Area).
MOTION: That said resolutions A and B, be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
31. 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.)
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32. 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, March 1, 2010, 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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