HomeMy WebLinkAbout03-01-2010 Jt. Reg Mtg Agenda
Mayor Patrick J. Morris
CITY OF SAN BERNARDINO
Council Members:
Virginia Marquez
300 N. ?D? Street
Jason Desjardins
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, MARCH 1, 2010 ? 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 10-11.)
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
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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: ___________________________________________
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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):
Jan and Dan Batey v. City of San Bernardino ? San Bernardino County
Superior Court, Case No. SCVSS 141503;
Citizens for Responsible Equitable Environmental Development v. City ?
San Bernardino County Superior Court, Case No. CIVDS 918169;
City of San Bernardino Municipal Water Department v. The United
States Department of The Army ? United States District Court, Case
Nos. CV 96-8867 & CV 96-5205.
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)
Claim of Darren A. Johnson, Sr.
Two (2) Cases
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
Lorelier Geri Franske v. Joshua B and Doreen Lim ? San Bernardino
County Superior Court, Case No. CIVDS 903488.
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D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Employee Contract - Fire Chief
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
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
Inaugural Ceremony ? 3:00 p.m.
Mayor Patrick J. Morris
st
Council Member Virginia Marquez, 1 Ward
nd
Council Member Jason Desjardins, 2 Ward
th
Council Member Fred Shorett, 4 Ward
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
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. 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: February 16, 2010 (Distributed 2/23/2010)
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated February 16, 2010,
from Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions. (Document not available at time of printing.)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated February 25, 2010, 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.
Development Services
9. Approve the list of Local Stimulus Program (LSP) funded projects, amendment
of the Capital Improvements Program and authorize the Director of Finance to
amend the FY 2009-2010 Capital Improvements Budget by increasing the Street
Construction account by $2,898,703. (See Attached) (No Cost to the City -
$2,898,703 in New Revenue) All Wards
MOTION: That the list of Formula Stimulus funded projects be approved;
that the Capital Improvements Program be amended to show the
new funding source; and that the Director of Finance be
authorized to amend the FY 2009-2010 Capital Improvements
budget by increasing the Street Construction fund by $2,898,703
and appropriating these additional revenues to the various projects
as specified in the staff report dated February 3, 2010, from
Valerie Ross, Director of Development Services.
10. Resolution of the City of San Bernardino approving Amendment No. 4 to
Agreement for Professional Services with Transtech Engineers, Inc. to provide
program management services for the Santa Fe Depot Parking Structure (GB04-
19). (See Attached) (Cost to the City - $1,015,810 from Street Construction
Fund) Ward 1
MOTION: That said resolution be adopted.
11. Resolution of the City of San Bernardino approving an agreement for services
with AECOM for on-call civil engineering design and project management for
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design of the repair of 2 Street bridge at Warm Creek (SS08-20). (See
Attached) (Cost to the City - $131,824 from Prop 1B Fund) (Resolution not
available at time of printing.) Ward 1
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MOTION: That said resolution be adopted.
12. Resolution of the City of San Bernardino approving an agreement for services
with Transtech for on-call civil engineering design and project management for
design of the community center at Al Guhin Park. (See Attached) (Cost to the
City - $36,400 from the Verdemont Community Center Improvement Fund)
(Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
13. Resolution of the City of San Bernardino amending Resolution No. 655 entitled,
in part, ?A Resolution? designating certain streets, or portions thereof as
through highways?? and establishing a three-way stop at the intersection of
Mayfield Avenue and Fifty-ninth Street. (See Attached) (Cost to the City -
$1,000 from the General Fund/Street Maintenance) Ward 4
MOTION: That said resolution be adopted.
14. Resolution of the City of San Bernardino approving Amendment No. 5 to
Services Agreement with AECOM (Formerly Lan Engineering Corporation) for
provision of professional project management services for the design of the Mt.
Vernon Ave. viaduct over the BNSF Railroad. (See Attached) (Cost to the City
- $30,800 from the Street Construction Fund) Wards 1 & 3
MOTION: That said resolution be adopted.
Police
15. Resolution of Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with San Manuel Band of Mission
Indians to use the City of San Bernardino Police Department?s firing range.
(See Attached) (No Cost to the City) Ward 2
MOTION: That said resolution be adopted; and that the Finance Director be
authorized to increase Police Revenue Account No. 001-000-4740
by $25,000 and increase Police Expenditure Account No. 001-
224-5706 by $25,000.
Public Services
16. A 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 $428,048.37 to Fairview Ford of San Bernardino for the purchase
of one (1) Vac-con V311LHA/1300 jet rodder truck to be utilized by the Public
Services Department Street Division Sewer Crew. (See Attached) (Cost to the
City $428,048.37 from the Sewer Line Maintenance Fund) All Wards
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MOTION: That said resolution be adopted.
17. 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 $107,000 with two (2) one-year extensions at the City?s option to
Sloan Vazquez, LLC for a commercial container inventory audit. (See Attached)
(Cost to the City - $107,000 from Refuse Professional/Contractual Services)
All Wards
MOTION: That the Director of Finance be authorized to amend the FY
2009/10 budget and transfer $47,000 from Account No. 527-413-
5179 (Dump/Waste Fees) to Account No. 527-411-5502
(Professional/Contractual Services); and that said resolution be
adopted.
18. 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 $603,900 with four (4) one-year extensions at the City?s option to
Nelson Paving and Grading Corporation (NPG) for asphalt paving and repair
services throughout the City of San Bernardino. (See Attached) (Cost to the
City - $603,900 from various accounts as shown in staff report) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Ad Hoc Committee meeting of
February 23, 2010 ? Committee Members Present: Baxter, Estrada, Shorett
(alternate)
Mayor?s Office
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to submit the U.S. Department of Justice Second
Chance Act Adult Reentry Initiative Grant and accept the grant award. (See
Attached) (No Cost to the City - $750,000 in Grant Revenue) All Wards
MOTION: That said resolution be adopted.
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Recommended for approval at the Ways & Means Committee meeting of
February 17, 2010 ? Committee Members Present: Kelley, Brinker
City Manager
20. Fee waiver request from Catholic Charities of San Bernardino/Riverside for the
2010 Block Party/Community Health Fair (See Attached)
MOTION: That the request from Catholic Charities of San
Bernardino/Riverside for indirect funding in the amount of
$3,600.61 be approved to assist with the 2010 Block
Party/Community Health Fair; and that the Director of Finance
be authorized to transfer funds from the 2009/2010 Civic and
Promotion Fund to various City departmental accounts, as listed
in the attached staff report dated February 11, 2010, from
Charles McNeely, City Manager.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
CONTINUED FROM FEBRUARY 16, 2010
Public Services
21. An Ordinance of the City of San Bernardino amending the definition of "Roll-
off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San
Bernardino Municipal Code. FIRST READING (No Cost to the City)
(Backup distributed on February 1, 2010, Item No. 23; item continued to
February 16, 2010, Item No. 25.) (Ordinance not available at time of
printing.) All Wards
MOTION: That the matter be continued to March 15, 2010.
END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
22. 2010 New Mayors and Council Members Academy Conference Update (See
Attached)
MOTION: That the report be received and filed.
END OF STAFF REPORTS
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PLANNING ITEMS
CONTINUED FROM FEBRUARY 16, 2010
TO BE HEARD AT 4:30 P.M.
Development Services
23. Appeal Hearing - An appeal of the Planning Commission?s approval of
Conditional Use Permit No. 07-15, a request to expand an existing 129,794
square foot retail commercial building by 41,644 square feet to a total of
171,438 square feet on approximately 15.13 acres located on the north side of
Highland Avenue at the intersection with Boulder Avenue, at 4210 East
Highland Avenue in the CG-1, Commercial General land use district (Appeal
No. 09-03) (No Cost to the City) (Backup material distributed on January 4,
2010, Item No. 18; item continued to January 19, 2010, Item No. 15; item
continued to February 1, 2010, Item No. 25; item continued to February 16,
Item No. 26.) Ward 4
Applicant/Owner: Wal-Mart Real Estate Business Trust
c/o: Jennifer Guenther
Gresham Savage Nolan & Tilden, PC
550 East Hospitality Lane, Suite 300
San Bernardino, CA 92408-4205
Appellant: Citizens for Responsible Equitable Environmental
Development (CREED)
c/o: Cory J. Briggs, Briggs Law Corporation
99 East ?C? Street, Suite 111
Upland, CA 91786
The hearing remains open?
MOTION: That the matter be continued to March 15, 2010.
END OF PLANNING ITEMS
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COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM FEBRUARY 16, 2010
Recommended for approval at the Redevelopment Committee meeting on
December 3, 2009 ? Committee Members Present: Johnson, Brinker,
Shorett (alternate)
R24. Bogh Engineering, Inc. ? Construction Contract for construction of the Eastside
Skate Park and handicapped access improvements at Speicher Park, 1535 Arden
Avenue, San Bernardino, California (IVDA Redevelopment Project Area) (See
New Staff Report and Resolution Attached) (Backup distributed on February
1, 2010, Item No. R26; item continued to February 16, Item No. R27.)
Ward 7
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Redevelopment Agency of the
City of San Bernardino (?Agency?) to be the lead Agency for the design
and construction of the Eastside Skate Park at Speicher Park located at
1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project
Area). (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 a Construction Contract by and between the
Agency and Bogh Engineering, Inc., for construction of the Eastside
Skate Park at Speicher Park located at 1535 Arden Avenue, San
Bernardino (IVDA Redevelopment Project Area).
MOTION: That said resolutions A and B, be adopted.
Recommended for approval at the Redevelopment Committee meeting on
January 21, 2010 ? Committee Members Present: Baxter, Brinker
R25. In-N-Out Burger, Inc., a California Corporation ? Redevelopment Project Study
and Exclusive Right to Negotiate Agreement (Central City North
Redevelopment Project Area) (See Attached) Ward 1
(Item Continued on Next Page)
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R25. Continued.
(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 a
Redevelopment Project Study and Exclusive Right to Negotiate Agreement by
and between the Agency and In-N-Out Burger, Inc., a California Corporation,
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concerning Agency owned property located at the southeast corner of 5 and
?H? Streets (Central City North Redevelopment Project Area).
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
26. 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.)
27. Adjournment.
MOTION: That the meeting be adjourned to 4 p.m., Thursday, March 11,
2010, in the Economic Development Agency Boardroom to
consider the Fiscal Year 2009/10 City and Economic
Development Agency mid-year budgets.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p.m., Monday, March 15, 2010, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
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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.
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