HomeMy WebLinkAbout03-16-2009 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, MARCH 16, 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 11-14.)
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: ___________________________________________
103/16/2009
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):
Belinsky v. City, Omnitrans, et al. - United States District Court, Case
No. CV 08-8571 PSG (MANx);
James Lewis v. County of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVSS 801605;
San Bernardino Police Officers Association, et al. v. City of San
Bernardino, et al. - San Bernardino County Superior Court, Case No.
CIVD 902362;
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
United States District Court, Case No. EDCV 06-1408 VAP; United
States Court of Appeals, Ninth Circuit, Case No. 07-56673;
Odom v. City of San Bernardino - San Bernardino County Superior
Court, Case No. CIVSS 707125;
Ross v. City of San Bernardino - San Bernardino County Superior Court,
Case No. CIVSS 706911;
Town of Apple Valley, et al. v. County of San Bernardino (Waste
Disposal Agreement Litigation) - Los Angeles County Superior Court,
Case No. KC 049711 ?J?.
(Item Continued on Next Page)
203/16/2009
1. Continued.
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:
Brian Boom v. City of San Bernardino
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants v. City of San Bernardino
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:
Chief of Police; Acting Assistant Chief of Police; Acting Police Chief
General Unit
Mid-Management Unit
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.
END OF CLOSED SESSION
303/16/2009
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. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated February 26, 2009,
from Barbara Pachon, Director of Finance, be approved.
403/16/2009
7. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated March 11, 2009, 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 Attorney
8. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Mundell, Odlum & Haws and the City of San Bernardino in the Case of San
Bernardino Police Officers Association; Richard Lawhead; Carol Donnelly v.
City of San Bernardino; and Does 1 through 10, inclusive.
MOTION: That said resolution be adopted.
City Attorney/EDA
9. Resolutions of the Mayor and Common Council and of the Community
Development Commission of the City of San Bernardino for Authorization to
Execute an Agreement for Reimbursement by the Economic Development
Agency for Legal Services provided to the City by the City Attorney on
Economic Development Agency issues. (Staff Report not available at time of
printing.)
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute an Agreement for
Reimbursement by the Economic Development Agency for legal services
provided to the City by the City Attorney on Economic Development
Agency issues. (Resolution not available at time of printing.)
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino authorizing the Chairperson to execute an Agreement for
Reimbursement by the Economic Development Agency for legal services
provided to the City by the City Attorney on Redevelopment issues.
(Resolution not available at time of printing.)
MOTION: That said resolutions A and B, be adopted.
503/16/2009
City Manager
10. Amendments to the FY 2008/09 budget related to the City Attorney and
Development Services departments. (See Attached) (No Net Impact to the
General Fund) All Wards
MOTION: That the Director of Finance be authorized to amend the FY
2008/09 budget as indicated in the staff report from Mark
Weinberg, Interim City Manager, dated February 23, 2009.
11. Item Deleted.
Development Services
12. Resolution of the City of San Bernardino establishing fair market value and
minimum sale price for a portion of certain City Water Department owned
parcel of real property generally located at the intersection of Foothill Drive and
Sterling Avenue, and setting a public hearing for April 20, 2009, at 4:00 p.m.
to consider said sale. (See Attached) (No Cost to the City) (Resolution not
available at time of printing.) Ward 4
MOTION: That the Director of Development Services be authorized to
proceed with the sale of City Water Department property
generally located at the intersection of Foothill Drive and Sterling
Avenue, and being a portion of APN 0155-361-25; and that said
resolution be adopted.
13. Resolution of the City of San Bernardino approving Amendment No. 1 to
Consultant Services Agreements with the Firms of Willdan and Transportation
Engineering and Planning, Inc. to provide on-call traffic engineering services.
(See Attached) (Cost to the City - $50,000 from the General Fund and
$60,000 from various CIP Project Funds) All Wards
MOTION: That said resolution be adopted.
14. Resolution of the City of San Bernardino approving Utility Agreement Nos.
18720, 19740, 21245 and 20887 with the State of California, Department of
Transportation (Caltrans) for the relocation of City sewer facilities per Plan
Nos. 12574 & 12517 due to the widening of the I-215 and I-210 freeways. (See
Attached) (Cost to the City - $4,903,200 from the Street Construction Fund,
to be reimbursed by Caltrans) Wards 1, 2, & 6
603/16/2009
(Item Continued on Next Page)
703/16/2009
14. Continued.
MOTION: That the Director of Finance be authorized to amend the FY
2008/09 budget by appropriating a total of $4,903,200 in
expenditures in Account No. 242-362-5504-7848 and a
corresponding amount in revenues to be reimbursed by Caltrans
for project ?SW09-03 I-215 Sewer Relocations;? and that said
resolution be adopted.
Facilities
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Finance Director to increase Purchase Order No. 209400 by an
additional $10,000 to Waxie Sanitary Supply for custodial supplies. (Cost to the
City - $10,000.00 from the General Fund) All Wards
MOTION: That said resolution be adopted.
Finance
16. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a bid for lease purchase financing to First Municipal Leasing
Corporation for the purchase of twelve (12) refuse trucks. (See Attached)
(Cost to the City FY 2008/09 ? $727,827.53; FY 2009/10 ? $496,981.34 from
Refuse Funds) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2008/2009 budget by transferring
$200,000 from Account No. 527-415-5505; $100,000 from
Account No. 527-413-5014; $90,000 from Account No. 527-413-
5015; and $40,000 from Account No. 527-411-5706 to the
following accounts; $305,300 to Account No. 527-412-5803 and
$124,700 to Account No. 527-413-5803.
Fire
17. Resolution of the Mayor and Common Council amending Resolution No. 2006-7
regarding the lease and service agreement with the San Bernardino International
Airport Authority. (See Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted.
803/16/2009
Parks, Recreation and Community Services
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Interim City Manager to execute an agreement for C.I.D. staff
and program funding between Friends of C.I.D. and City of San Bernardino.
(Staff Report and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a new agreement and issuance of a new purchase
order in the amount of $14,000 to IWORQ Systems Incorporated for the
establishment of remote data collection in the Sewer Maintenance and Graffiti
Removal Sections of the Public Services Department. (See Attached) (Cost to
the City - $14,000 from the Sewer Fund and the General Fund) All Wards
MOTION: That said resolution be adopted.
Water
20. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the revised records retention schedule for the City of San Bernardino
Municipal Water Department. (See Attached) (No Cost to the City)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Reviewed at Ways & Means Committee Meetings of March 4 and 11, 2009 -
Committee Members Present: Kelley, Brinker
City Manager?s Office
21. Set a public hearing for Monday, April 6, 2009, at 4:00 p.m. in the City Hall
Council Chambers to discuss the adjustment of various user fees and the
establishment of new user fees. (See Attached) (No Cost to the City ? Net
Additional Revenue of approximately $770,000.
)
MOTION: That a public hearing be set for Monday, April 6, 2009 at 4:00
p.m., in the Council Chambers of City Hall, to discuss the
adjustment and establishment of various user fees.
903/16/2009
Recommended for approval at the Grants Ad-Hoc Committee Meeting of
March 10, 2009 ? Committee Members Present: Baxter, Estrada, Johnson
Fire
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager or his designee to accept and administer an award
from the Department of Homeland Security (DHS) in the amount of $388,364.
(See Attached) (Cost to the City ? $97,100 from General Fund Budget
Reserve and $388,364 of Revenue from DHS?s Grant Funding Share)
All Wards
MOTION: That said resolution be adopted.
23. Item deleted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Development Services
24. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) ?
Appeal of the Planning Commission?s denial of a Conditional Use Permit to
convert an existing 6,747 square foot church building into a 56-bed homeless
shelter with related support facilities and office space located at 840 North
Sierra Way in the RM, Residential Medium, land use district.
Mayor to open hearing . . .
MOTION: That the hearing be closed and that the Mayor & Common
Council deny Appeal No. 08-07 and uphold the Planning
Commission?s denial of Conditional Use Permit No. 08-21, based
on the recommended Findings of Fact;
OR
MOTION: That the hearing be closed and that the Mayor & Common
Council grant Appeal No. 08-07, declare an intent to approve
Conditional Use Permit No. 08-21 and continue the matter to
April 6, 2009, to consider Findings of Fact and Conditions of
Approval.
END OF PUBLIC HEARINGS
10 03/16/2009
CONTINUED ITEMS
CONTINUED FROM DECEMBER 1, 2008
Development Services
25. 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.) Ward 1
MOTION: That the matter be continued to July 6, 2009.
CONTINUED FROM MARCH 2, 2009
Human Resources
26. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a side letter to Resolution No. 2005-66 for full-time, fire safety
employees, adding language in Article IV, Fringe Benefits: Section 1,
Health/Related Insurance; Section 4, Deferred Compensation; Section 7,
Vacation and Holiday Sell-Back; Section 8, Welfare Benefit Trust; and Article
V, Leave Provisions: Section 1, Vacation; adding Section 7, Fire Leave; and
Article VII, General Provisions, Section 2, Term of Memorandum of
Understanding (MOU). (No Cost to the City ? Approximately $1,000,000
Savings over 16 Months) (Backup distributed on March 2, 2009, Item No.
15.)
MOTION: That the matter be continued to April 6, 2009.
END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
27. Municipal Code Section 2.01.010 Mayor Pro-Tempore ? Election of Mayor
Pro-Tempore. (See Attached)
MOTION: That the Common Council elect a Councilmember to serve as
Mayor Pro-Tempore until March 15, 2010.
END OF STAFF REPORTS
11 03/16/2009
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee Meeting on
January 22, 2009 - Committee Members Present: Johnson, Baxter, Brinker
TO BE HEARD AT 4:30 P.M.
R28. Public Hearing ? ERAF Redevelopment Project Area Plan Amendments. (Staff
Report not available at time of printing.) Wards 1, 2, 3, 5, 6, & 7
(Mayor and Common Council)
A. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the State College Redevelopment Plan; Extending the
time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the State College Redevelopment
Project Area; and making other findings in connection therewith (State
College Redevelopment Project Area) (Ordinance not available at time
of printing.)
B. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Central City North Redevelopment Plan; Extending
the time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Central City North Redevelopment
Project Area; and making other findings in connection therewith (Central
City North Redevelopment Project Area) (Ordinance not available at
time of printing.)
C. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Central City West Redevelopment Plan; Extending
the time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Central City West Redevelopment
Project Area; and making other findings in connection therewith (Central
City West Redevelopment Project Area) (Ordinance not available at
time of printing.)
D. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Southeast Industrial Park Redevelopment Plan;
Extending the time limit for payment of indebtedness and receipt of
property taxes under the redevelopment plan for the Southeast Industrial
Park Redevelopment Project Area; and making other findings in
connection therewith (Southeast Industrial Park Redevelopment Project
Area) (Ordinance not available at time of printing.)
(Item Continued on Next Page)
12 03/16/2009
R28. Continued.
E. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Northwest Redevelopment Plan; Extending the time
limit for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the Northwest Redevelopment Project Area; and
making other findings in connection therewith (Northwest
Redevelopment Project Area) (Ordinance not available at time of
printing.)
F. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Tri City Redevelopment Plan; Extending the time
limit for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the Tri City Redevelopment Project Area; and
making other findings in connection therewith (Tri City Redevelopment
Project Area) (Ordinance not available at time of printing.)
G. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the South Valle Redevelopment Plan; Extending the time
limit for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the South Valle Redevelopment Project Area;
and making other findings in connection therewith (South Valle
Redevelopment Project Area) (Ordinance not available at time of
printing.)
H. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Meadowbrook/Central City Redevelopment Plan;
Extending the time limit for payment of indebtedness and receipt of
property taxes under the redevelopment plan for the
Meadowbrook/Central City Redevelopment Project Area; and making
other findings in connection therewith (Meadowbrook/Central City
Redevelopment Project Area) (Ordinance not available at time of
printing.)
I. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Central City South Redevelopment Plan; Extending
the time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Central City South Redevelopment
Project Area; and making other findings in connection therewith (Central
City South Redevelopment Project Area) (Ordinance not available at
time of printing.)
13 03/16/2009
(Item Continued on Next Page)
R28. Continued.
J. Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Central City East Redevelopment Plan; Extending
the time limit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Central City East Redevelopment
Project Area; and making other findings in connection therewith (Central
City East Redevelopment Project Area) (Ordinance not available at
time of printing.)
MOTION: That the matter be continued to April 6, 2009.
CONTINUED FROM MARCH 2, 2009
Recommended for approval at the Redevelopment Committee Meeting on
January 22, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R29. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by
Omnitrans (Backup distributed on February 17, 2009, Item No. R19;
Resolution B distributed on March 2, 2009; Item No. R28)
Wards 1, 2, 3, 5, & 7
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Interim City Manager to
execute a Master Cooperative Agreement by and between the City and
Omnitrans (sbX Bus Rapid Transit Project). (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 to
execute a Master Cooperative Agreement by and between the Agency
and Omnitrans (sbX Bus Rapid Transit Project).
MOTION: That the matter be continued to April 6, 2009.
14 03/16/2009
Recommended for approval at the Redevelopment Committee Meeting on
March 5, 2009 ? Committee Members Present: Johnson, Brinker
R30.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 The Fransen
Company (?Consultant?), for the preparation of a Commercial/Retail Strategy
and develop a Marketing Potential Report for the Downtown Core
Concept/Vision Plan in the amount not to exceed $110,000. (See Attached)
Ward 1
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee Meeting on
March 5, 2009 ? Committee Members Present: Johnson, Brinker
R31. Application for Community-Based Transportation Planning (CBTP) Grant
Program Funds. (See Attached)
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino consenting and approving the Interim City Manager of the
City of San Bernardino (?City?) to submit an application to Caltrans for
Community-Based-Transportation Planning (CBTP) Grant Program
Funds.
(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 submit sub-recipient documents for Community-Based
Transportation Planning (CBTP) Grant Program Funds.
MOTION: That said resolutions A and B, be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
32. 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
15 03/16/2009
heard under this heading are referred to staff for further study, research,
completion and/or future Council/Commission action.)
33. 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, April 6, 2009, 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.
16 03/16/2009