Loading...
HomeMy WebLinkAbout12-21-2009 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 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 MONDAY, DECEMBER 21, 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 12-15.) 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 subject to staff?s ability to post the documents before the meetings. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 12/21/2009 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): Batey, Jane, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. SCVSS 141503; Carlberg/Meyers v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVDS 904251; City of San Bernardino Municipal Water Department v. U.S. Department of Defense - United States District Court, Case No. CV 96- 8867 MRPP (VAPx); Golding, Justin Ryan v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 700791; Zimmon, Garret v. City of San Bernardino - San Bernardino County Superior Court, Case No. CVIDS 906555. 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) One Case (Item Continued on Next Page) 12/21/2009 2 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 Qui Tam case filed under seal, U.S. District Court (Central District of California) No. EDCV 06-0055 - GW 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. END OF CLOSED SESSION 12/21/2009 3 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 18 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 December 2, 2009, from Barbara Pachon, Director of Finance, be approved. 12/21/2009 4 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated December 16, 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. 8. Item deleted. City Attorney 9. 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 Steve Lowes v. Michael Billdt, et al. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an engagement letter between the City of San Bernardino and Best Best and Krieger for legal representation in the matter concerning a petition to place a Charter Amendment on the November 2, 2010 ballot. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 11. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement with the County of San Bernardino for the maintenance of a portion of Old Waterman Canyon road lying outside of the area annexed to the City as Annexation No. 360 in the Arrowhead Springs area. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2009/2010 CIP budget in the Street Construction Fund by appropriating $3,500 and increasing reimbursement revenue by $3,500. 12. Resolution of the City of San Bernardino authorizing the execution of a letter of consent allowing T-Mobile to sublease Sprint PCS?s existing tower space to Clear Wireless, LLC, as a co-plane collocation, and to execute a letter of consent for Sprint PCS, permitting Clear Wireless, LLC, to use a portion of Sprint PCS?s leased area, on a portion of City owned property located at 2750 nd W. 2 Street, also known as Nicholson Park. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 6 (Item Continued on Next Page) 12/21/2009 5 12. Continued. MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to RBF Consulting for construction management services for street improvements on Cajon Boulevard. (See Attached) (Cost to the City - $43,324 from the Street Construction Fund) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 14. Item deleted. Parks, Recreation & Community Services 15. 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 $70,600 with three (3) one-year extensions at the City?s option between the City of San Bernardino and Inland Empire Landscape, Inc. for supplemental as needed landscape maintenance services throughout the City of San Bernardino. (See Attached) (Cost to the City - $70,600; $10,000 from Account No. 133-461-5506 Baseball Stadium Fund; $10,000 from Account No. 106-441-5506 Cemetery Fund; $18,600 from Account No. 001-382-5506 General Fund Parks Maintenance; $33,000 from Account No. 001-382-5505 General Fund Parks Maintenance) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a 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. (See Attached) (No Cost to the City ? $17,500 Revenue from University annually) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. 12/21/2009 6 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Operating Services Agreement by and between Major League Softball, Inc. (MLS) and the City of San Bernardino for the organization and management of the Parks, Recreation and Community Services Department?s adult softball and adult baseball programs; MLS is granted use of Encanto Field from January 1, 2010 through December 31, 2010 with two (2) optional one-year renewals; and use of Fiscalini Field from May 28, 2010 through October 31, 2010, with the option of one (1) one-year renewal. (See Attached) (No Cost to the City ? Anticipated Revenue of $4,000) (Resolution not available at time of printing.) Wards 2 & 6 MOTION: That the matter be continued to January 4, 2010. Police 18. Resolution by the Mayor and Common Council to execute Amendment No. 2 to the Agreement for Crossing Guard Services with All City Management Services for a crossing guard position at Victoria Elementary School (Redlands Unified School District. (See Attached) (Cost to the City - $5,150 Net Cost: $10,300 Cost; $5,150 Revenue) Ward 3 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2009/2010 budget to increase Police Reserves Account No. 001-000-4740 by $5,100, increase Police Expenditure Account No. 001-217-5505 by $10,300, and decrease Police Expenditure Account No. 001-217-5014 by $5,200. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting of December 15, 2009 ? Committee Members Present: Baxter, Johnson Parks, Recreation & Community Services 19. Resolution of the City of San Bernardino ratifying the submittal of grant applications to the US Soccer Foundation for funding in the amount of $324,700 for the purchase of maintenance equipment, bleachers, benches, signage, and a synthetic turf field for the San Bernardino Soccer Complex. (See Attached) (Cost to the City - $324,700 in Grant Revenues with $5,600 City in-kind) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. 12/21/2009 7 Recommended for approval at the Grants Ad Hoc Committee meeting of December 15, 2009 ? Committee Members Present: Baxter, Johnson Parks, Recreation & Community Services 20. Resolution of the City of San Bernardino ratifying the submittal of a grant application to Kaiser Permanente for funding in the amount of $43,000 to augment the Parks, Recreation and Community Services Department Swim Program for the 2010 summer season. (See Attached) (No Cost to the City - $43,000 in Grant Revenues) Ward 1 MOTION: That said resolution be adopted. 21. Item deleted. 22. Item deleted. Recommended for approval at the Ways & Means Committee meeting of December 9, 2009 ? Committee Members Present: Kelley, Brinker, Johnson (alternate) Finance 23. Approve the FY 2008/2009 Continuing Appropriations and Encumbrance Carryovers into FY 2009/2010 (See Attached) All Wards MOTION: That the FY 2008/2009 continuing appropriations and encumbrance carryovers be approved; and that the Director of Finance be authorized to amend the FY 2009/2010 budget to include the approved continuing appropriations and encumbrance carryovers. Recommended for approval at the Ways & Means Committee meeting of December 9, 2009 ? Committee Members Present: Kelley, Brinker, Johnson (alternate) Finance 24. Receive and file the FY 2009/2010 First Quarter Budget Report (See Attached) All Wards MOTION: That the FY 2009/2010 First Quarter Budget Report be received and filed. 12/21/2009 8 Recommended for approval at the Ways & Means Committee meeting of December 9, 2009 ? Committee Members Present: Kelley, Brinker, Johnson (alternate) Finance 25. Receive and file FY 2008/2009 Year End Report (See Attached) All Wards MOTION: That the FY 2008/2009 Year End Report be received and filed. Recommended for approval at the Ways & Means Committee meeting of December 9, 2009 ? Committee Members Present: Kelley, Brinker, Johnson (alternate) Finance 26. Authorize the Director of Finance to amend the FY 2009/2010 Budget to reflect lowered revenues and implement all budget balancing strategies as outlined in the staff report from Barbara Pachon, Director of Finance. (See Attached) All Wards MOTION 1: Committee Recommendation That the Director of Finance be authorized to amend the FY 2009/2010 Budget as outlined in the staff report from Barbara Pachon, Director of Finance, to reflect the lowered revenue projections and to implement all the proposed budget balancing strategies with the exception of a $61,300 reduction in Council Office carryovers and $11,100 reduction in Parks and Recreation carryovers (combined total of $72,400). AND Staff Recommendation That the Director of Finance be authorized to take $27,700 from the General Fund Budget Reserve to cover the remaining shortfall. OR MOTION 2: Staff Recommendation That the Director of Finance be authorized to amend the FY 2009/2010 Budget as outlined in the staff report from Barbara Pachon, Director of Finance, to reflect the lowered revenue projections and to implement all of the proposed budget balancing strategies recommended by staff. END OF COMMITTEE CONSENT 12/21/2009 9 PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Clerk 27. Public Hearing - Resolution imposing liens on certain parcels of real property 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 the 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. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM DECEMBER 7, 2009 Parks, Recreation & Community Services 28. 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 San Bernardino Parks, Recreation and Community Services Department. (See Resolution Attached) (No Cost to the City) (Item continued from December 7, 2009, Item No. 19.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS 12/21/2009 10 PLANNING ITEMS CONTINUED FROM DECEMBER 7, 2009 TO BE HEARD AT 4:30 P.M. Development Services 29. Appeal Hearing ? Appeal of the Planning Commission?s approval of Tentative Tract Map (TTM) No. 16794 and Variance No. 09-02. The project is a 44-lot single family residential subdivision on 18.45 acres, with a variance to permit a retaining wall up to 26 feet in height on the west side of Palm Avenue, 200 feet north of Verdemont Drive in the RL, Residential Low land use district. (Appeal No. 09-02) (No Cost to the City) (Item continued from December 7, 2009, Item No. 34.) Ward 5 Applicant: Eric Borstein Borstein Enterprises 12301 Wilshire Blvd., Ste. 302 Los Angeles, CA 90025 Appellant: Richard Hernandez 6941 N. Melvin Avenue San Bernardino, CA 92407 The hearing remains open? MOTION 1: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission?s approval of Revised Tentative Tract Map No. 16794, based on the Findings of Fact in the Planning Commission staff report and subject to the Conditions of Approval recommended by the Planning Commission, as revised to eliminate the variance request. OR Alternative MOTION 2: That the hearing be closed; and that the Mayor and Common Council grant the appeal and continue the item to the next Council meeting to adopt Findings of Fact for denial of Tentative Tract Map No. 16794 and Variance No. 09-02. 12/21/2009 11 TO BE HEARD AT 4:30 P.M. Recommended for approval at the Legislative Review Committee meeting of December 8, 2009 ? Committee Members Present: Brinker, Shorett Development Services 30. Public Hearing - An Ordinance adding Chapter 17.07 to the San Bernardino Municipal Code as the Water Efficient Landscape Ordinance. (See Attached) (No Cost to the City) All Wards An Ordinance of the City of San Bernardino adding Chapter 17.07 to the San Bernardino Municipal Code as the Water Efficient Landscape Ordinance. FIRST READING Mayor to open the hearing? MOTION: That the hearing be closed; that said Ordinance be laid over for final adoption; and that the Development Services Department be directed to prepare an amendment to the Landscaping Standards in Chapter 19.28 of the Development Code to reference and conform to the Water Efficient Landscape Ordinance. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM DECEMBER 7, 2009 TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee meeting on October 8, 2009 - Committee Members Present: Johnson, Baxter R31. Public Hearing - Amendment to the 2009-2010 City of San Bernardino Annual Action Plan authorizing the use of HOME Funds by Affordable Housing Solutions of San Bernardino, a non-profit 501(c)(3) Corporation for the purpose of mitigating residential foreclosures and related blighting influences (See Staff Report Attached) (Item continued from December 7, 2009, Item No. R31.) All Wards (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino approving an amendment to the City?s 2009-2010 Annual Action Plan and authorizing the use of HOME Investment Partnership Funds by Affordable Housing Solutions of San Bernardino for the purpose of mitigating residential foreclosures and related blighting influences. (Resolution not available at time of printing.) (Item Continued on Next Page) 12/21/2009 12 R31. Continued. (Mayor and Common Council B. Resolution of the Mayor and Common Council of the City of San Bernardino approving: 1) an amendment to the City?s 2009-2010 Annual Action Plan and 2) the allocation of $2.5 million in Federal Home Investment Partnership Program funds to Affordable Housing Solutions of San Bernardino, Inc., a California non-profit corporation. (Resolution not available at time of printing.) The hearing remains open? MOTION: That the hearing be closed; that said resolution A be tabled; and that said resolution B be adopted. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Adjourned Redevelopment Committee meeting on December 3, 2009 - Committee Members Present: Johnson, Brinker, Shorett (alternate) R32. Public Hearing - Reallocate Funding among Program Activities and additional Capital Allocation from the Agency?s Low and Moderate Income Housing Set- Aside Funds and HOME Funds for Mary Erickson Community Housing, Inc., and Affordable Housing Solutions of San Bernardino, Inc., and adopt contract amendments to implement certain Housing Program Activities under the Neighborhood Stabilization Program (See Attached) All Wards (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the reallocation of funding among Neighborhood Stabilization Program Activities. (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 Amendment No. 1 to the 2009 Neighborhood Stabilization Program Master Agreement by and between the Agency and Mary Erickson Community Housing, Inc., a California nonprofit public benefit corporation (?Developer?), and Amendment No. 1 to the 2009 Neighborhood Stabilization Program Sub-Recipient Agreement by and between the Agency and Affordable Housing Solutions of San Bernardino, Inc., a California nonprofit public benefit corporation (?Sub-Recipient?). (Item Continued on Next Page) 12/21/2009 13 R32. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on December 3, 2009 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) R33. Homebuyer Assistance Program Fiscal Year 2008/2009 Annual Report (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino receive and file the annual update of Homebuyer Assistance Program for the Redevelopment Agency of the City of San Bernardino. Recommended for approval at the Redevelopment Committee meeting on December 3, 2009 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) R34. Oldtimers Foundation Agreement Extension and Amendment No. 2 (Elderly/Special Needs Minor Home Repair Grant Program) (See Attached) All Wards (Community Development Commission 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. 2 to the Contractor Services Agreement Minor Grant Repair Program (Elderly/Special Needs) between the Oldtimers Foundation and the Agency, amending and extending said agreement and authorizing the amount of $102,655 for a six month term commencing in 2010, subject to annual funding availability. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on December 3, 2009 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) R35. Penny Hawkins ? Temporary Employment Arrangement for accounting services. (See Attached) All Wards (Item Continued on Next Page) 12/21/2009 14 R35. Continued. (Community Development Commission Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing a temporary employment arrangement with Penny Hawkins to provide accounting services to the Redevelopment Agency of the City of San Bernardino. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on December 3, 2009 ? Committee Members Present: Johnson, Brinker, Shorett (alternate) R36. Ecclesia?s Economic & Community Development Collaboration (?EECDC?) Affordable Housing Program Memorandum of Understanding (?MOU?) for the Acquisition and Redevelopment of Residential Properties (See Attached) All Wards (Community Development Commission) 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 2009 Memorandum of Understanding by and between the Agency and Ecclesia?s Economic & Community Development Collaboration (EECDC Affordable Housing Program). MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 37. 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.) 38. 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, January 4, 2010, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 12/21/2009 15 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. 12/21/2009 16