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HomeMy WebLinkAbout10-05-2009 Reg Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. ?D? Street Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker 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, OCTOBER 5, 2009 ? 1:30 P.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. (Community Development Commission Items are on pages 13-15.) 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: ___________________________________________ 10/05/2009 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): Mary Gomez v. So. Cal. Reg. Rail Authority ? San Bernardino County Superior Court, Case No. CIVSS 804560; Keluin Troupe v. City of San Bernardino, et al. ? San Bernardino County Superior Court, Case No. CIVDS 912104; Timothy Weisenberger, et al. v. City of San Bernardino ? San Bernardino County Superior Court, Case No. SCVSS 134901. 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) Human Potential Consultants, LLC 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. (Item Continued on Next Page) 10/05/2009 2 1. Continued. 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: th 5 Street & Meridian Avenue Project th 1. Property Address: 2683 West 5 Street, San Bernardino APN: 0142-522-09 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Abel Martinez, as Owners. Under Negotiation: Purchase price, terms, and conditions. th 2. Property Address: 2669 West 5 Street, San Bernardino APN: 0142-522-10 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Jose & Martha Ramirez, as Owner. Under Negotiation: Purchase price, terms, and conditions. th 3. Property Address: 2642 West 5 Street, San Bernardino APN: 0142-522-13 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Francisco Huesca, as Owner. (Item Continued on Next Page) 10/05/2009 3 1. Continued. Under Negotiation: Purchase price, terms, and conditions. th 4. Property Address: 2670 West 5 Street, San Bernardino APN: 0142-522-15 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Chau Nguyen, as Owner. Under Negotiation: Purchase price, terms, and conditions. th 5. Property Address: 2694 West 5 Street, San Bernardino APN: 0142-522-17 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Mary Do, as Owner. Under Negotiation: Purchase price, terms, and conditions. th 6. Property Address: 2618 West 5 Street, San Bernardino APN: 0142-522-26 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Ryan Rangel, as Owner. Under Negotiation: Purchase price, terms, and conditions. th 7. Property Address: 2619 West 5 Street, San Bernardino APN: 0142-522-38 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Gilbert Badillo, as Owner. (Item Continued on Next Page) 10/05/2009 4 1. Continued. Under Negotiation: Purchase price, terms, and conditions. th 8. Property Address: 2638 West 5 Street, San Bernardino APN: 0142-522-41 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Ismael Mendoza & Gilbert Badillo, as Owners. Under Negotiation: Purchase price, terms, and conditions. th 9. Property Address: 2632 West 5 Street, San Bernardino APN: 0142-522-42 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Ismael Mendoza & Gilbert Badillo, as Owners. Under Negotiation: Purchase price, terms, and conditions. END OF CLOSED SESSION 10/05/2009 5 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. 3. Presentations. 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 15 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: September 8, 2009 (Distributed 9/21/09) 10/05/2009 6 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 16, 2009, 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 October 1, 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 Manager 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Symphony Orchestra for the promotion of Arts and Culture. (See Attached) (Cost to the City - $70,000 from the Fine Arts Funding) All Wards MOTION: That said resolution be adopted. LAID OVER FROM SEPTEMBER 21, 2009 Development Services 10. An ordinance of the City of San Bernardino amending Chapter 19.22, Sign Regulations, of the San Bernardino Municipal Code (Development Code), including approval of an electronic message center sign for the Hospitality Business District. FINAL READING (No Cost to the City) (Backup distributed on September 21, 2009, Item No. 20.) Ward 3 MOTION: That said ordinance be adopted. Human Resources 11. Establishment of salaries for Police Department Ranges P-4, P-5, P-6 & P-7, effective August 1, 2009. (See Attached) (Cost to the City - $123,700 from the General Fund Salaries & Benefits) (Item Continued on Next Page) 10/05/2009 7 11. Continued. MOTION: That the salaries for Police Department Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), and P-7 (Police Chief) be established, effective August 1, 2009; and authorize the Human Resources Department to amend Resolution No. 6429 to reflect the above action; and authorize the Finance Director to amend the FY 2009/10 budget by increasing the Police Department General Fund Budget for Charter 186 costs by transferring $123,700 from the General Government Budget, Account No. 001-092-5011, to the appropriate Police Department Divisions? budget accounts and also make the appropriate adjustments to the various Police grants as allowed by the grants. 12. Establishment of salaries for Fire Department Ranges P-1, P-2, P-3, P-4, effective August 1, 2009. (See Attached) (Cost to the City - $611,500 from the General Fund Salaries & Benefits) MOTION: That salaries for Fire Department Ranges P-1 (Firefighter), P-2 (Paramedic), P-3 (Fire Engineer), and P-4 (Fire Investigator/Captain) be established, effective August 1, 2009; and authorize the Human Resources Department to amend Resolution No. 6429 to reflect the above action; and authorize the Director of Finance to amend the FY 2009/10 budget by increasing the Fire Department General Fund Budget for Charter 186 costs by transferring $611,500 from the General Government Budget, Account No. 001-092-5011. 13. Establishment of salaries for Fire Department Ranges P-5, P-6 and P-7, effective August 1, 2009. (See Attached) MOTION: That the salaries for Fire Department Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be established, effective August 1, 2009; that the Human Resources Department amend Resolution No. 6429 to reflect the above action; and that the Finance Director be authorized to amend the FY 2009/10 budget by increasing the Fire Department General Fund Budget for Charter 186 costs, transferring $74,300 from the General Government Budget Account No. 001-092-5011. 10/05/2009 8 Police 14. Resolution of the City of San Bernardino authorizing the City Manager of San Bernardino to execute 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. (See Attached) [Cost to the City - $17,583 from Traffic Part- time Salaries (of which $8,792 is reimbursed by the District)] Ward 6 MOTION: That said resolution be adopted. 15. Resolution by the Mayor and Common Council to enter into a contract for crossing guard services with all City Management Services for two crossing guards at Belvedere Elementary School and to enter into an agreement with the San Manuel Band of Serrano Mission Indians for payment of crossing guard services through the SDF Grant. (See Attached) (Cost to the City - $34,272 from SDF Grant Funding) Ward 4 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad Hoc Committee meeting of September 29, 2009 ? Committee Members Present: Estrada, Johnson Parks, Recreation & Community Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the Corporation for National and Community Service for the Retired Senior Volunteer Program (RSVP) and accepting the amount of $57,415 for the period of October 1, 2009 through September 30, 2010. (See Attached) [Grant Revenues of $57,415; Cost to the City - $38,606 from Federal and State Programs Fund (match funds); and $2,232 in in-kind services] All Wards MOTION: That said resolution be adopted. Recommended for approval at the Legislative Review Committee meeting of September 9, 2009 ? Committee Members Present: Brinker, Shorett City Clerk 17. Ordinance Amending San Bernardino Municipal Code 2.56 ? Elections. (See Attached) (No Cost to the City) (Ordinance not available at time of printing.) All Wards (Item Continued on Next Page) 10/05/2009 9 17. Continued. MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Personnel Committee Meeting of September 29, 2009 ? Committee Members Present: Estrada, Kelley Parks, Recreation & Community Services 18. Reclassification of the Soccer Complex Manager to Deputy Director of Parks, Recreation & Community Services (See Attached) MOTION: That one (1) Soccer Complex Manager, Range 500, $5,374 - $6,532 per month be reclassified to Deputy Director of Parks, Recreation and Community Services (U), Range 600, $8,850 - $10,757 per month; that the Director of Finance be authorized to retroactively compensate the reclassified employee as of July 1, 2009; that the Human Resources Department be authorized to update Resolution Number 97-244; and that the Director of Finance be authorized to amend the FY 2009/10 budget to reflect these actions. Recommended for approval at the Ways & Means Committee meeting of September 9, 2009 ? Committee Members Present: Kelley, Baxter, Brinker Mayor?s Office 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino ? Tachikawa Sister Cities Committee for the promotion of Arts and Culture. (See Attached) (Cost to the City - $7,500 from the Civic and Promotion Fund) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:30 P.M. Development Services 20. Public Hearing ? An Urgency Ordinance amending the San Bernardino Municipal Code (Development Code) regarding the Emergency Shelter Overlay District. (See Attached) All Wards (Item Continued on Next Page) 10/05/2009 10 20. Continued. An Urgency Ordinance amending and extending Ordinance No. MC-1290, an Urgency Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table 08.01, adding Chapter 19.10-E, amending Section 19.06.020, Table 06.01, designating the areas within the Emergency Shelter Overlay District, declaring the urgency thereof, and taking effect immediately. URGENCY Mayor to open hearing . . . MOTION: That the hearing be closed; and that said urgency ordinance be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM SEPTEMBER 21, 2009 Development Services 21. Resolution of the City of San Bernardino approving License Agreement No. 09- 37471 with the Burlington Northern Santa Fe (BNSF) Railway for maintenance of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th Street (BR#54C0066). (No Cost to the City) (Backup distributed on April 6, 2009, Item No. 16; item continued to April 20, 2009, Item No. 34; item continued to May 4, 2009, Item No. 27; item continued to May 18, 2009, Item No. 22; item continued to June 1, 2009, Item No. 26; item continued to June 15, 2009, Item No. 40; item continued to July 6, 2009, Item No. 51; item continued to July 20, 2009, Item No. 23; item continued to August 3, 2009, Item No. 30; item continued to August 17, 2009, Item No. 30; item continued to September 8, 2009, Item No. 24; item continued to September 21, 2009, Item No. 23.) (Resolution not available a time of printing.) Wards 1 & 3 MOTION: That the matter be continued to October 19, 2009. END OF CONTINUED ITEMS 10/05/2009 11 STAFF REPORTS Council Office 22. Authorization to proceed with site development planning prior to the placement of a modular unit at Al Guhin Park; and authorizing the Director of Finance to amend the FY 2009/10 budget by appropriating $300,000 from Fund No. 208 (Verdemont Improvement) to Account No. 208-687-5504-7743 ?PR04-28: Verdemont Community Center.? (Cost to the City - $300,000 from the Verdemont Improvement Fund No. 208) (See Attached) Ward 5 MOTION: That the Director of Development Services be authorized to proceed with issuing a Request for Proposals for site development planning prior to the placement of a modular unit at Al Guhin Park; and that the Director of Finance be authorized to amend the FY 2009/10 budget by appropriating $300,000 from Fund No. 208 (Verdemont Improvement) to Account No. 208-687-5504- 7743 ?PR04-28: Verdemont Community Center.? Council Office 23. Rescind actions taken against the Church of the Nazarene. (See Attached) MOTION: That the Council rescind the motion approved at the September 21, 2009 meeting of the Mayor and Common Council which required that Pastor Rhone be advised that he may not have Mr. Hoyt or any other registered sex offender on his premises at any time, and that if he can?t agree to that, the City will stop paying rent to him and will find another location for that Operation Phoenix Center. 24. Item deleted. Development Services 25. Resolution of the City of San Bernardino adopting the six-year Capital Improvement Program (2009-2015) for Measure ?I? local expenditures. (See Attached) (No Cost to the City) All Wards MOTION 1: That said resolution be adopted with exhibits A and B. MOTION 2: That said resolution be adopted with exhibit C. 10/05/2009 12 Development Services 26. Resolution of the City of San Bernardino adopting the five-year Capital Project Needs Analysis (2010-2015) for Measure I 2010-2040 expenditures. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Mayor?s Office 27. Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging and honoring the 50th Anniversary of the Sister Cities relationship between Tachikawa, Japan, and the City of San Bernardino, California, and reaffirming our continued commitment to this most rewarding Sister Cities relationship. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM SEPTEMBER 21, 2009 Recommended for approval at the Redevelopment Committee meeting on July 23, 2009 - Committee Members Present: Johnson, Baxter, Brinker R28. 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 Homelessness Prevention and Rapid Re-Housing Program Agreement by and between the Agency and Inland Temporary Homes for homelessness prevention services. (Backup distributed on September 8, 2009, Item No. R33; item continued to September 21, 2009, Item No. R28.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Special Redevelopment Committee meeting on September 28, 2009 ? Committee Members Present: Johnson, Brinker R29. Veronica Tam & Associates, LLC - Professional Services Agreement for consultant services (See Attached) All Wards (Item Continued on Next Page) 10/05/2009 13 R29. Continued. 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 Veronica Tam & Associates, LLC for professional consultant services. MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS CONTINUED FROM SEPTEMBER 21, 2009 TO BE HEARD AT 4:30 P.M. Development Services 30. 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. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36; item continued to April 20, 2009, Item No. 47; item continued to May 18, 2009, Item No. 28; item continued to June 1, 2009, Item No. 38; item continued to June 15, 2009, Item No. 46; item continued to July 6, 2009, Item No. 64; item continued to July 20, 2009, Item No. 29; item continued to August 3, 2009, Item No. 39; item continued to August 17, 2009, Item No. 38; new Staff Report distributed on September 21, 2009, Item No. 35) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 The hearing remains open? (Item Continued on Next Page) 10/05/2009 14 30. Continued. Recommended MOTION 1: That the hearing be closed; and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 08-21 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval. OR Alternative MOTION 2: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission?s denial of Conditional Use Permit No. 08-21 based on the Findings of Fact as recommended on April 6, 2009. END OF PLANNING ITEMS Community Development Commission R31. CMB Infrastructure Investment Group III, L.P. ? Loan Agreement for a $15,000,000 loan under the EB-5 Program. (See Attached) All Wards Resolution of the Community Development Commission of the City of San Bernardino authorizing that certain Redevelopment Agency of the City of San Bernardino Tax Exempt Promissory Note Series 2009 (CMB Infrastructure Investment Group III, L.P.) in the amount not to exceed $15,000,000, approving the form of legal documents related thereto and authorizing and directing preparation, execution and delivery of the final form thereof. MOTION: That said resolution be adopted. 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 heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 10/05/2009 15 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, October 19, 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. 10/05/2009 16