HomeMy WebLinkAbout01-09-2012 Jt. Reg Mtg Agenda
CITY OF SAN BERNARDINO
AGENDA
FOR THE
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
AND THE COMMUNITY DEVELOPMENT COMMISSION
MONDAY, JANUARY 9,2012 -1:30 PM
COUNCIL CHAMBERS. 300 NORTH "D" STREET. SAN BERNARDINO, CA 92418 . WWW.SBCITY.ORG
Virginia Marquez
CO! "Nell ~Il:,fmm, \VARD 1
Robert D. Jenkins
Cot "NClL ~IDIBER. WARD 2
Tobin Brinker
COI"NeIL Mf"fBER, WARD 3
Fred Shorett
COl"NC'IL ME:lIHER, W..\RD 4
Chas Kelley
CO! "NeiL .\ll:\IBER, WARD 5
Rikke Van Johnson
Con<CILMEMIlER. WARD 6
Patrick J. Morris
MA YOR
Wendy McCammack
COC:-1nL \H::IIBER, W",w i
Charles McNeely
CITY:VIA.'i,\Glm
James F. Penman
Or, :\'JTOR1"EY
Rachel G. Clark, CMC
CITY CLERK
David Kennedy
CiTY TREAS\ ~\ER
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o The City of San Bernardino recognizes its obligation to provide equal access ta those individuals with
disabilities. Please contact the City Clerk's Office (384-5002) twa working days prior to the meeting for any
requests for reasonable accommodatian to include interpreters.
o All documentsfor public review are on file with the City Clerk's Office located on the 2,d floor of City Hall, 300
Narth "D" Street, San Bernardino or may be accessed online by going to http://www.sbcity.org.
o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips should be turned in to staff seated on the north side of the Council chambers.
o Public commentsfor agenda items that are not public hearings will be limited to three minutes.
o Public comments for items that are not on the agenda will be limited to 3 minutes.
o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor
Pro Tempore before speaking.
o Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting
Agenda
January 9, 2012
CALL TO ORDER
Attendee Name
Mayor Patrick J. Morris
Council Member, Ward 1 Virginia Marquez
Council Member, Ward 2 Robert D. Jenkins
Council Member, Ward 3 Tobin Brinker
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Chas A. Kelley
Council Member, Ward 6 Rikke Van Johnson
Council Member, Ward 7 Wendy J. McCammack
City Attorney James F. Penman
City Clerk Rachel G. Clark
City Manager Charles McNeely
Present
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Absent
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1. CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
Late Arrival
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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.
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government Code
Section 54956.9(a):
Samuel Aguirre v. City of San Bernardino - San Bernardino Superior Court, Case
No. CIVDS 100971;
E. C.. a minor, bv and through his Guardian Ad Litem Maria Chacon v. City of
San Bernardino, et al. - Case No. CV 11-029 I 9CAS (DTBx);
Coradine Johnson v. Citv of San Bernardino - San Bernardino Superior Court,
Case No. CIVDS 1005498;
Sipple, et al. v. Citv of Alameda, et al. - Los Angeles Superior Court, Case No.
BC 462270;
Western Oilfields Supplv Company, Inc. dba Rain For Rent v. Miramontes
Construction Co.. Inc.. et al. - San Bernardino Superior Court, Case No. CIVDS
1112867;
City of San Bernardino Municipal Water Department v. Miramontes Construction
Company, Inc. - San Bernardino Superior Court, Case No. CIVDS I I 13200.
Mayor and Common Councilo/the City of San Bernardino
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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.
C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to subdivision (c) of Government Code Section 54956.9.
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:
Fire Safety
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
2. APPOINTMENTS
A. Mayor's Office
Appointment of George Gastel to the Senior Affairs Commission - Council Member
Jenkins. [Ward(s): 2]
Motion: Approve the appointment of George Gastel to the Senior Affairs
Commission as requested by Council Member Jenkins.
B. Mayor's Office
Appointment of Deborah Sterner Matley to the Parks and Recreation Commission -
Council Member Jenkins [Ward(s): 2]
Motion: Approve the appointment of Deborah Sterner Matley to the Parks and
Recreation Commission as requested by Council Member Jenkins.
C. Mayor's Office
Appointment of John M. Matley to the Bureau of Franchises - Council Member Jenkins.
[Ward(s): 2]
Motion:
Approve the appointment of John M. Matley to the Bureau of Franchises
as requested by Council Member Jenkins.
Mayor and Common Council of the City olSan Bernardino
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Joint Regular Meeting
3. PRESENTATIONS
Agenda
January 9, 2012
A. Resolution Commending the 75th Anniversary of Stater Bros.
B. SbX Construction Briefing Presentation - Westbound Communications
4. ANNOUNCEMENTS
A. Announcements from Elected Officials and the City Manager
5. CONSENT CALENDAR
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 conceming
Consent Calendar items is available for public review.
A. Citv Clerk
Waive Full Reading of Resolutions and Ordinances [Ward(s): All]
Motion:
Waive full reading of resolutions and ordinances on the regular agenda of
the Mayor and Common Council and Community Development
Commission dated January 9,2012.
B. Citv Clerk
Council Minutes [Ward(s): N/A]
Motion:
Approve the minutes of the following meeting(s) of the Mayor and
Common Council/Community Development Commission as submitted:
October 17,2011 and November 7, 2011.
C. Civil Service
Personnel Actions - Classified [Ward(s): All]
Motion:
Approve and ratify the c1assificd personnel actions, as submitted by the
Chief Examiner, in 'accordance with Civil Service rules and Personnel
policies adopted by the Mayor and Common Council of the City of San
Bernardino.
Mayor and Common Council of the City olSan Bernardino
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D. Community Develooment
An Ordinance of the City of San Bernardino Repealing Chapter 17.07 and Amending
Chapter ) 9.28 of the Municipal Code to Update Plan Review Procedures and Water
Conservation Standards (DCA No. 11-10). (FINAL READING) [Ward(s): All]
Motion: Adopt Ordinance.
E. Finance
Approval of Commercial Checks and Payroll Checks [Ward(s): All]
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed.
F. Human Resources
Establishment of Salaries for Police Department Ranges P-I, P-2, P-3, P-4, P-5, P-6, P-7
& Law Enforcement Trainee, Effective August 1,2011. (Ward(s): N/A]
Motion: Establish salaries for Police Department Ranges P-I (Police Officer), P-2
(Detectivel Corporal), P-3 (Sergeant), P-4 (Lieutenant), P-5 (Captain), P-6
(Assistant Chief), P-7 (Chief) and Law Enforcement Trainee be
established, effective August 1, 2011; and authorize the Director of
Human Resources to amend Resolution No. 6429 to reflect the above
action.
G. Human Resources
Personnel Actions - Unclassified [Ward(s): All]
Motion: Approve and ratifY the unclassified personnel actions, as submitted by the
Director of Human Resources, in accordance with City, Community
Development Commission and Economic Development Agency policies
and procedures.
H. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino Appointing
Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers
Authority. (Ward(s): All)
Motion: Adopt Resolution.
Mayor and Common Council afthe City of San Bernardino
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Joint Regular Meeting
Agenda
January 9, 2012
I. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Memorandum of Understanding by and
Between the Disabled American Veterans, San Bernardino Chapter 12, and the City of
San Bernardino Parks, Recreation and Community Services Department to Allow the
Construction, Operation, and Maintenance of a Community Garden at Speicher Park for
Disabled Veterans and City Residents. Term of This Agreement is from January 10,2012
through December 30, 2012, with the Option of Five (5) Single Year Extensions.
IWard(s): 7]
Motion:
Adopt Resolution.
J. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing Execution of Amendment No. 4 to the Agreement for Crossing Guard
Services with All City Management Services for Crossing Guard Position at Victoria
Elementary School (Redlands Unified School District). IWard(s): 31
Motion: Adopt Resolution.
K. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment No. I to the Agreement for Crossing Guard
Services with All City Management Services for Two Crossing Guard Positions at
Belvedere Elementary School. IWard(s): 4]
Motion: Adopt Resolution.
L. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment No. I to the Crossing Guards Service
Agreement with the Rialto Unified School District for the Operation of the School
Crossing Guard Program at Myers Elementary School and Kelley Elementary School by
the Police Department. IWard(s): 6]
Motion: Adopt Resolution.
Mayor and Common Council afthe City olSan Bernardino
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M. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment No. 2 to the San Manuel Policing District
Agreement. [Ward(s): 4)
Motion: Adopt Resolution.
N. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of Amendment No.4 to the Agreement for Crossing Guard
Services with Redlands Unified School District for a Crossing Guard Position at Victoria
Elementary School. [Ward(s): 3)
Motion:
Adopt resolution.
O. Police
Resolution of the Mayor and Common Council of the City of San Bernardino to Execute
Amendment No.6 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. )Ward(s): All)
Motion: Adopt resolution.
6. COMMITTEE CONSENT
A. City Attornev
Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code
Section 8.69.090 Regarding Possession of Graffiti Tools by Juveniles. (FIRST
READING) (Recommended for Approval at the Legislative Review Committee Meeting
of December 6, 2011 - Committee Members Present: Marquez, McCammack, Shorett)
[Ward(s): All]
Motion:
Layover Ordinance for final adoption.
B. Fire
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City of San Bernardino to Enter into an Agreement with the City of Los
Angeles for the Purpose of Accepting and Administering the FY 2009 Regional
Catastrophic Preparedness Grant Program. (Recommended for Approval at the Grants Ad
Hoc Committee Meeting of December 13,2011 - Committee Members Present: Brinker,
Kelley) [Ward(s): All)
Motion: Authorize the Director of Finance to amend the FY 2011/12 budget to
receive grant funds; and adopt Resolution.
Mayor and Common Council of the City of San Bernardino Page 7 Printed 1/5/20/2
Joint Regular Meeting
Agenda
January 9, 2012
7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M.
A. City Mana!!er
Resolution of the Mayor and Common Council of the City of San Bernardino Amending
the 2011/2012 Housing and Urban Development Action Plan to Augment the City's
Streetlight Repair/Replacement Project (#01) and Provide Additonal Public Service
Funds to the Legal Aid Society of San Bernardino (#02) and Authorizing the Finance
Director to Transfer Funds Within the Fiscal Year 2011/2012 Budget. (Ward(s): All]
Mayor to open the hearing...
Motion: Close hearing and adopt Resolution.
B. Community Development
An Ordinance Deleting Amendment MC 1356 and Amending Chapter 19.06, Table
06.01, List of Permitted Uses, in Chapter 19.06 of the Municipal Code (Development
Code), to Permit New Movie Theaters Not Otherwise Exempted by a Development
Agreement, with an Auditorium of 3,000 Sq. Ft. or Less and 200 or Fewer Seats, with No
Limit of the Number of Screens in Any Theater Complex (DCA 11-11). (FIRST
READING) (Ward(s): All]
Mayor to open the hearing. . .
Motion I: Close hearing and layover Ordinance approving Development Code
Amendment No. 11-11 and Development Agreement No. 11-02
concurrently;
OR
Motion 2:
Close hearing and layover Ordinance approving Development Code
Amendment No. 11-11.
C. Community Development
An Ordinance of the City of San Bernardino Approving Development Agreement No.
11-02 Between the City of San Bernardino and Regal Cinemas, Inc. at the Project Site
Located at 450 North "E" Street (DA No. 11-02) (FIRST READING) (Ward(s): II
Motion:
Close hearing and layover Ordinance approving Development Agreement
No. 11-02 and Development Code Amendment No. 11-11 concurrently.
Mayor and Common Council a/the City olSan Bernardino
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D. Community Development
A Resolution of the City of San Bernardino Approving Development Agreement No. 11-
02 Between the City of San Bernardino and Regal Cinemas, Inc. at the Project Site
Located at 450 North "E" Street (DA No. 11-02). [Ward(s): 1)
Mayor to open the hearing. . .
Motion:
Close hearing and adopt Resolution.
E. Community Development
A Proposal to Modii)' CUP 97-01, Approved by the Planning Commission on May 20,
1997, to Permit Development of a 20-Screen Theater Complex and 20,000 Sq. Ft. of
Associated Retail and Restaurant Uses at the Northwest Corner of 4Th and "E" Streets, in
the CR-2, Commercial Regional Land Use District. the Proposed Modification Would
Provide for 6 Auditoriums in the Existing 20-Auditorium Structure to be Re-Purposed to
Provide 7,200 Sq. Ft. of Restaurant and Retail Space and 3,600 Sq. Ft. of Additional Live
Entertainment Area and Support Space for the California Theater (CUP M 11-03).
[Ward(s): I]
Mayor to open the hearing. . .
Motion: Close hearing and approve Conditional Use Permit Modification No. 11-
03 based on the Findings of Fact contained in the Staff Report and subject
to the Conditions of Approval (Attachment C) as amended.
8. STAFF REPORTS
A. City Attornev
Resolution of the Mayor and Common Council of the City of San Bernardino Taking
Certain Actions Pursuant to Health & Safety Code Secion 34173 Declining to Serve as
the Successor Agency and the Successor Entity to the Redevelopment Agency of the City
of San Bernardino. [Ward(s): All]
Motion: Adopt Resolution.
B. City Attornev
Resolution of the Mayor and Common Council of the City of San Bernardino Taking
Certain Actions Pursuant to Health & Safety Code Secion 34173 Agreeing to Serve as the
Successor Agency and the Successor Entity to the Redevelopment Agency of the City of
San Bernardino. [Ward(s): AliI
Motion: Adopt Resolution.
Mayor and Common Council afthe City olSan Bernardino
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C. City Attornev
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of an Agreement to Provide Emergency Services to Design
and Install Temporary Shoring and Permanent Repairs to Cracked Wooden Trusses and
Repairs to a Corroded Metal Column at the Rudy C. Hernandez Community Center
(PR04-020). [Ward(s): I]
Motion:
Adopt Resolution.
D. Community Development
Request to Refer to Legislative Review Committee Potential Development Code
Amendments Regarding Commercial Signage and Non-Conforming Uses and Buildings.
[Ward(s): All]
Motion:
Refer the matter to the Legislative Review Committee.
9. COMMUNITY DEVELOPMENT COMMISSION
A. Economic Development Ae:encv
Single-Family Residence Revitalization Program Third Quarter Report (July I, 2011
through September 30, 2011). [Ward(s): All]
Motion: Receive and file the Quarterly Report of the Single-Family Residence
Revitalization Program activities (July I, 2011 through September 30,
2011) for the Redevelopment Agency of the City of San Bernardino.
B. Economic Development Ae:encv
Agency Loan Monitoring Quarterly Status Report for the Period Ending September 30,
2011. [Ward(s): All]
Motion:
Receive and file the Loan Monitoring Quarterly Status Report for the
period ending September 30, 2011 for the Redevelopment Agency of the
City of San Bernardino.
10. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Mayor and Common Council a/the City of San Bernardino
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January 9,2012
11. ADJOURNMENT
NOTE:
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m, January 23, 2011, 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" hislher 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.
Mayor and Common Council a/the City o/San Bernardino
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