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HomeMy WebLinkAbout09-08-2009 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 TUESDAY, SEPTEMBER 8, 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 11-13.) Any writings or documents provided to a majority of the City Council/Commission regarding any item on the agenda will be made available for public inspection at the 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: ___________________________________________ 09/08/2009 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): Louie Jaquai Battee v. San Bernardino Police Department, et al. ? San Bernardino Superior Court, Case No. CIVSS 800939; Shannon Lavelle Brooks v. City of San Bernardino, et al. ? San Bernardino Superior Court, Case No. CIVSS 813401; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVSS 708367; Michael Garland v. State of California and John McQuarter ? San Bernardino Superior Court, Case No. SCVSS 144135. 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) Glen Baude v. City, Settlement Demand 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 One Case 09/08/2009 2 (Item Continued on Next Page) 1. Continued. 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 09/08/2009 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. James J. Eble ? Planning Commission ? Council Member Brinker (See Attached) MOTION: That the appointment of James J. Eble to the Planning Commission, as requested by Council Member Brinker, be approved. 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 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. 09/08/2009 4 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: July 20, 2009 (Distributed 8/27/09) July 28, 2009 (Distributed 9/2/09) August 3, 2009 (Distributed 9/2/09) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 19, 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 September 3, 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 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Alicia Garcia & Joseph Rodriguez v. City of San Bernardino, et al. ? United States District Court Case No. CV09-04306 DDP (JCx). (See Attached) MOTION: That said resolution be adopted. LAID OVER FROM AUGUST 17, 2009 Development Services 10. An Ordinance of the City of San Bernardino amending Chapter 19.06, Commercial Districts, Section 19.06.030(2)(F)(4) of the San Bernardino Municipal Code (Development Code) related to location criteria for convenience stores. FINAL READING (No Cost to the City) (No backup material distributed on August 3, 2009, Item No. 40; backup material distributed on August 17, 2009, Item No. 39.) Ward 3 (Citywide DCA) MOTION: That said ordinance be adopted. 09/08/2009 5 11. Resolution of the City of San Bernardino authorizing the execution of a Letter of Acknowledgement consenting to the assignment of the lease of a portion of City owned property located at Northpark University Park, with Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc., to Mobilitie Investments, LLC. (See Attached) (No Cost to the City) Ward 5 MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino authorizing the execution of a Letter of Acknowledgement consenting to the assignment of the lease of a portion of City owned property located at Anne Shirrells Park, with Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc., to Mobilitie Investments, LLC. (See Attached) (No Cost to the City) Ward 6 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the City Manager to execute a Lease Agreement between the City of San Bernardino and Los Angeles SMSA Limited Partnership, DBA Verizon Wireless for the lease of nine hundred eighty seven (987) square feet of City owned property at Fire Station No. 228 located at 3398 Highland Avenue for a cellular tower disguised as a functional fire hose rack (APN 0285-191-05). (See Attached) (No Cost to the City) Ward 4 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the 2009/10 adopted budget by increasing revenue Account No. 001-000-4523 by $21,000 and General Government expenditure Account No. 001-182-5505 by $4,725. Information Technology 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of an annual purchase order for the City?s 800 MHz voice/data backbone, MDC maintenance, dispatch console maintenance, and user equipment maintenance with the County of San Bernardino?s 800 MHz Group. (See Attached) (Cost to the City - $642,024 from Rentals, Maintenance Contracts, and Other Professional Services) All Wards MOTION: That said resolution be adopted. 09/08/2009 6 Parks, Recreation and Community Services 15. Resolution of the Mayor and Common Council of the City of San Bernardino rescinding Resolution 2009-300, and authorizing the City Manager to execute a revised Lease Agreement with the County of San Bernardino for the lease of a portion of the Delmann Heights Community Center to be used for the Head Start Program. (See Attached) (No Net Cost to the City - $22,500 in Estimated Revenue For First Year) Ward 6 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2009-2010 Parks & Recreation budget as outlined in the staff report dated August 19, 2009, from Kevin Hawkins, Director of Parks, Recreation and Community Services. Public Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $288,900 with three (3) one-year extensions at the City?s option between the City of San Bernardino and West Coast Arborists, Incorporated for tree-trimming services throughout the City of San Bernardino. (See Attached) (Cost to the City - $288,900 from Professional Contractual Services) All Wards MOTION: That said resolution be adopted. 17. Item deleted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a contract purchase order in the amount of $238,600 with four (4) one-year extensions at the City?s option to Pavement Recycling Systems, Incorporated for cold planing services, labor and equipment rental for city street repairs. (See Attached) (Cost to the City - $238,600 from FY 09-10 CIP) Wards 1, 2, 3, 4, 5 & 6 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 09/08/2009 7 COMMITTEE CONSENT Recommended for approval at the Legislative Review Committee meeting of August 18, 2009 ? Committee Members Present: Brinker, Shorett, McCammack 19. An Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Chapter 9.58, relating to the use of private surveillance equipment. FIRST READING (See Attached) All Wards MOTION: That said ordinance be laid over for final adoption. Heard at the Legislative Review Committee meeting of August 18, 2009 ? Committee Members Present: Brinker, Shorett, McCammack Development Services 20. On-Call Civil Engineering Design and Project Management Services for the Capital Improvement Program (CIP) - Report (See Attached) All Wards MOTION: That the report be received and filed. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:30 P.M. Development Services th 21. Public Hearing - Resolution changing the name of 34 Street, between Waterman Avenue and Parkside Drive, to Arrowhead Country Club Way (See Attached) (No Cost to the City) Ward 7 th Resolution of the City of San Bernardino changing the name of 34 Street, between Waterman Avenue and Parkside Drive, to Arrowhead Country Club Way, within the corporate limits of the City of San Bernardino. Mayor to open the hearing? MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS 09/08/2009 8 CONTINUED ITEMS CONTINUED FROM AUGUST 3, 2009 City Manager 22. Resolutions authorizing a Master Cooperative Agreement by and between Omnitrans, the City of San Bernardino, and the Economic Development Agency of the City of San Bernardino for the Development of the "E" Street Corridor sbX Rapid Transit Project. (No Net cost to the City) (Backup distributed on August 3, 2009, Item No. 8.) Wards 1, 2, 3, 5, & 7 Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Cooperative Agreement by and between the City, the Economic Development Agency and Omnitrans for the development of the "E" Street Corridor sbX 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 authorizing the Interim Director of the Redevelopment Agency to execute a Master Cooperative Agreement by and between the City of San Bernardino, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor sbX Rapid Transit Project. (Resolution not available at time of printing.) MOTION: That the matter be continued to September 21, 2009. CONTINUED FROM AUGUST 3, 2009 Development Services 23. Resolution of the City of San Bernardino approving an Agreement for Services with Bureau Veritas North America, Inc. to provide on-call plan review services for the sbX ?E? Street Corridor Bus Rapid Transit Project. (No Net Cost to the City - $409,285 EDA Reimbursement) (Backup distributed on August 3, 2009, Item No. 11.) (Resolution not available at time of printing.) Wards 1, 2, 3, 4, 5 & 7 09/08/2009 9 MOTION: That the matter be continued to September 21, 2009. CONTINUED FROM AUGUST 17, 2009 Development Services 24. 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.) (Resolution not available a time of printing.) Wards 1 & 3 MOTION: That the matter be continued to September 21, 2009 CONTINUED FROM AUGUST 17, 2009 Development Services 25. Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison across City owned property located on the northeast corner of Palm Avenue and Irvington Avenue, known as Tom Minor Park (APN 0261-691-48). (See New Exhibit 1 and Resolution) (No Cost to the City) (Backup distributed on June 15, 2009, Item No. 15; item continued to July 6, 2009, Item No. 52; item continued to August 3, 2009, Item No. 28; item continued to August 17, Item No. 31.) Ward 5 MOTION: That said resolution be adopted. CONTINUED FROM AUGUST 17, 2009 Fire 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order to Fire Recovery USA to provide billing services for hazardous spills resulting from traffic collisions. (Cost to the City ? $84,440 from the General 09/08/2009 10 Fund/Other Professional Services) (Backup distributed on August 17, 2009, Item No. 16.) All Wards MOTION: That said resolution be adopted. CONTINUED FROM AUGUST 17, 2009 Public Services 27. 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 $238,000 with three (3) one-year extensions at the City?s option to Rehrig Pacific Company for the purchase of automated carts for residential refuse services. (Cost to the City - $238,000 from Refuse/Small Tools and Equipment) (Backup distributed on August 17, 2009, Item No. 20.) All Wards MOTION: That said resolution be adopted. END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM AUGUST 17, 2009 R28. Waterman Holdings, LLC ? Defense, Indemnification and Hold Harmless Agreement and Easement, Maintenance and Operation Agreement (Central City East Redevelopment Project Area) (See New Staff Report) (Backup distributed on August 3, 2009, Item No. R36; item continued to August 17, 2009, Item No. R34.) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving a Defense, Indemnification and Hold Harmless Agreement by and between the City of San Bernardino and Waterman th Holdings, LLC, concerning real property (4 Street and Waterman Avenue ? APN: 0135-191-17) (Central City East Redevelopment Project Area). (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino approving an Easement, Maintenance and Operation 09/08/2009 11 Agreement by and between the City of San Bernardino and Waterman th Holdings, LLC, concerning real property (4 Street and Waterman Avenue ? APN: 0135-191-17) (Central City East Redevelopment Project Area). (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on August 6, 2009 - Committee Members Present: Johnson, Baxter, Brinker R29. Temporary Employment Arrangement ? Planner I: Lisa Sanford (See Attached) All Wards Resolution of the Community Development Commission of the City of San Bernardino, California, approving a temporary employment arrangement with Lisa Sanford to provide professional planning, housing and economic development services on behalf of the Redevelopment Agency of the City of San Bernardino. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on August 6, 2009 - Committee Members Present: Johnson, Baxter, Brinker R30. Temporary Employment Arrangement ? Planner II: John Oquendo (See Attached) All Wards Resolution of the Community Development Commission of the City of San Bernardino, California, approving a temporary employment arrangement with John Oquendo to provide professional planning and economic development services on behalf of the Redevelopment Agency of the City of San Bernardino. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on August 6, 2009 - Committee Members Present: Johnson, Baxter, Brinker R31. Resolution of the Community Development Commission of the City of San Bernardino, California, approving a Professional Services Agreement with Samuel K. Hughes and authorizing execution thereof, providing for professional asset management and program development consultant services on behalf of the Neighborhood Stabilization Program. (See Attached) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on 09/08/2009 12 August 6, 2009 - Committee Members Present: Johnson, Baxter, Brinker R32. 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 Demolition Contract by and between the Agency and AON, Incorporated for the demolition of Agency properties located at 2624, 2625, 2633, 2643 and 2657 thth West 5 Street, San Bernardino, California (5 Street and Meridian Avenue Project). (See Attached) Ward 6 (Item Continued on Next Page) R32. Continued. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on July 23, 2009 - Committee Members Present: Johnson, Baxter, Brinker R33. 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. (See Attached) All Wards MOTION: That the matter be continued to September 21, 2009. Recommended for approval at the Redevelopment Committee meeting on July 23, 2009 - Committee Members Present: Johnson, Baxter, Brinker R34. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the execution of a Solar Power Purchase Agreement, Guaranty Agreement and a Photovoltaic System Site Lease Agreement for certain building areas and authorizing the grant of $1,400,000 to the SCRIP, Inc., a non-profit corporation, for the financing, acquisition and installation of a photovoltaic solar power system on the Redevelopment Agency of the City of San Bernardino-owned building located at 201 North ?E? Street. (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 09/08/2009 13 35. 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.) 36. 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, September 21, 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 09/08/2009 14 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. 09/08/2009 15