HomeMy WebLinkAbout02-17-2009 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
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4Ward - Vacant
Website: www.sbcity.org
Chas Kelley
Rikke Van Johnson
Wendy McCammack
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, FEBRUARY 17, 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 9.)
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.
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
02/17/2009
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):
Koster v. San Bernardino City Fire Department, et al. ? San Bernardino
County Superior Court, Case No. SCVSS 811048;
Frank Ingram, III, et al. v. City of San Bernardino, et al. ? United States
Court of Appeals, Case No. 07-56616;
Daves, Edward, as an Ind., et al. v. City of San Bernardino, et al. ? San
Bernardino County Superior Court, Case No. CIVSS 815804;
Weisenberger, et al. v. City of San Bernardino ? San Bernardino County
Superior Court, Case No. SCVSS 134901;
Lucila Shaver v. City of San Bernardino ? San Bernardino County
Superior Court, Case No. CIVSS 800043.
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)
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
(Item Continued on Next Page)
02/17/2009
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1. Continued.
D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Chief of Police
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.
Fire Safety Unit
Police Safety Unit
Police Management Unit
Management/Confidential
Mid-Management Unit
General Unit
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8:
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5 Street and Meridian Avenue Project
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1. Property Address: 2624 West 5 Street
APN: 0142-522-25
Negotiating Parties: Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and the
principal agent for Downey Savings
& Loan.
Under Negotiation: Purchase price, loan terms and
conditions.
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2. Property Address: 2643 West 5 Street
APN: 0142-522-12
(Item Continued on Next Page)
02/17/2009
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1. Continued.
Negotiating Parties: Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and the
principal agent for Bank of NY
Mellon.
Under Negotiation: Purchase price, loan terms and
conditions.
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3. Property Address: 2657 West 5 Street
APN: 0142-522-11
Negotiating Parties: Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and the
principal agent for Soundview
Financial Group.
Under Negotiation: Purchase price, loan terms and
conditions.
END OF CLOSED SESSION
02/17/2009
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its normal
sequence on the agenda. Information concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
16 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: January 20, 2009 (Distributed 2/5/09)
02/17/2009
5
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 3, 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 February 11, 2009, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino, be approved and ratified.
Development Services
9. Authorize the Director of Development Services to execute Contract Change
Order No. One with Kalban, Inc. for the construction of ADA access and
sidewalks at various locations (SS-B 2007-08), per Project Plan No. 12295 (See
Attached) (Cost to the City - $61,505.13 from ½ Cent Sales and Road Tax)
All Wards
MOTION: That the Director of Development Services be authorized to
execute Contract Change Order No. One with Kalban, Inc. for
the construction of ADA access and sidewalks at various
locations (SS-B 2007-08), per Project Plan No. 12295.
10. Authorize the Director of Development Services to execute Contract Change
Order No. Two with Hillcrest Contracting, Inc. for Street Improvements and
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Beautification Project on Victoria Avenue from 28 Street to Lynwood Drive
(SS05-25), per Project Plan No. 11619. (See Attached) (Cost to the City -
$359,557.65 from the Public Improvement Funds) Ward 4
MOTION: That the Director of Development Services be authorized to
execute Change Order No. Two with Hillcrest Contracting, Inc.
in the amount of $359,557.32 for Street Improvements and
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Beautification Project on Victoria Avenue from 28 Street to
Lynwood Drive (SS05-25), per Project Plan No. 11619.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
approving State Street Overhead Lighting Agreement with the County of San
Bernardino for maintenance of additional lights for the University Parkway
Grade Separation Project (CIP SS04-52). (See Attached) (No Cost to the City)
Ward 6
MOTION: That said resolution be adopted.
02/17/2009
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12. Resolution of the City of San Bernardino approving Amendment No. 4 to
Services Agreement with Jones & Stokes for provision of professional
environmental services for the design of the Mt. Vernon Ave. Viaduct over the
BNSF Railroad. (See Attached) (Cost to the City - $98,020 from the Street
Construction Fund) Wards 1 & 3
MOTION: That said resolution be adopted.
Police
13. Resolution of the Mayor and Common Council of the City of San Bernardino to
authorize execution of Amendment No. 1 to the Vendor Services Agreement
with All City Management Services to provide crossing guard services at
Victoria Elementary School in the City of San Bernardino. (See Attached) (Cost
to the City ? $9,894 from Traffic Part-time Salaries) Ward 3
MOTION: That said resolution be adopted; and that the Finance Director be
authorized to transfer funds from Account No. 001-217-5014
(Part time salaries) to Account No. 001-217-5505 (Other
Professional Services) to pay for the services rendered.
Public Services
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to Purchase Order No.
209512 by $66,700 to Matich Corporation for the purchase of asphalt materials
for street repairs. (See Attached) (Cost to the City - $66,700 from the General
Fund) All Wards
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a new agreement and issuance of a new purchase
order in the amount of $100,000 to Tree Elements, Incorporated for additional
tree trimming services. (See Attached) (Cost to the City - $100,000 from the
2008/09 Capital Improvements Program/½ Cent Sales and Road Tax)
All Wards
MOTION: That the Director of Finance be authorized to amend the FY
2008/09 Adopted Capital Improvements Program Budget and
transfer $100,000 from Account No. 129-367-5504-7541 (Del
Rosa/Lynwood Dr./Sterling Ave.) to Account No. 129-367-5502-
XXXX (Miscellaneous Street Tree Trimming); and that said
resolution be adopted.
02/17/2009
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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 $81,300 to Geo-Cal Incorporated of San Bernardino for the
purchase and installation of a vapor recovery system for the City?s gasoline fuel
island as required by AQMD Rule 461. (See Attached) (Cost to the City -
$81,300 from the Fleet Services Fund) Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
City Clerk
17. Appeal hearing regarding the City Clerk?s determination of ineligibility for San
Bernardino High School to operate a fireworks stand in 2009. (See Attached)
MOTION: That the matter be continued to March 2, 2009.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM FEBRUARY 2, 2009
City Manager
18. Budget Workshop (New Staff Report and Backup Attached) (Backup material
distributed on February 2, 2009, Item No. 18)
MOTION 1: That the Mid-Year Budget Report be received and filed; and
MOTION 2: That the City Manger?s Modified Budget Strategy (Exhibit 1 and
the Attachments) be approved, and that the Director of Finance
be authorized to amend the FY 2008/09 budget and prepare the
preliminary FY 2009/10 budget to implement these measures;
and
MOTION 3: That the City Manger and the Director of Human Resources be
authorized to proceed with imposing furloughs on police sworn
personnel; and
02/17/2009
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18A. Resolution of the City of San Bernardino approving a side letter to Resolution
No. 2005-75 for Full-Time, Non-Safety, General Unit employees, amending the
current language in Article III, Compensation, Section 1, Salaries and Article
VII, General Provisions, Section 4, Memorandum of Understanding. (See
Attached)
18B. Resolution of the City of San Bernardino approving a side letter to Resolution
No. 2007-343 for Full-Time, Non-Safety, Middle Management Unit employees,
amending the current language in Article III, Compensation, Section 1, Wages
and Article VII, General Provisions, Section 4, Term of Memorandum of
Understanding. (See Attached)
18C. Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution No. 2007-345, Section 2, B, Compensation; Section 2, Q,
Vacation Leave; and Section 2, Y, Holidays, between the City and
Management/Confidential Non-Safety employees. (See Attached)
MOTION 1: That said resolutions 18A, 18B, and 18C be adopted; and
MOTION 2: That the City Manager be authorized to implement a 36-hour
reduced work week and commensurate Friday closure of City
Hall beginning March 1, 2009.
18D. Discuss and take possible action on alternative opportunities/proposals to
prevent drastic reductions to public safety and other critical city services. (See
Attached) All Wards
MOTION: That the matter be discussed and possible action taken on
alternative opportunities/proposals to close the 2008/09 budget
revenue shortfall and that the City Manager be directed to direct
the Finance Department to make any budget amendments
necessary to implement any action taken by the City Council
including any and all funding sources or expenditure reductions.
END OF CONTINUED ITEMS
02/17/2009
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COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee Meeting on
January 22, 2009 ? Committee Members Present: Johnson, Baxter and
Brinker
R19. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by
Omnitrans (See Attached) Wards 1, 2, 3, 5, & 7
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the City Manager to execute a
Master Cooperative Agreement by and between the City and Omnitrans
(sbX Bus Rapid Transit Project) (Resolution not available at time of
printing.)
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the Interim Executive
Director of the Redevelopment Agency of the City of San Bernardino to
execute a Master Cooperative Agreement by and between the Agency
and Omnitrans (sbX Bus Rapid Transit Project) (Resolution not
available at time of printing.)
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING ITEMS
CONTINUED FROM FEBRUARY 2, 2009
TO BE HEARD AT 4:30 P.M.
Development Services
20. Appeal hearing - Conditional Use Permit No. 07-25 (Appeal No. 08-06) ?
Appeal of the Planning Commission?s denial of a Conditional Use Permit to
construct a 1,893 square foot drive-thru restaurant and 3,440 square foot retail
building on a 29,537 square foot parcel located at the southeast corner of
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Waterman Avenue and 29 Street in the CG-1, Commercial General land use
district. (No Cost to the City) (Backup distributed on February 2, 2009, Item
No. 24) Ward 7
Owner: Segal Family Partnership
Robert Segal, Trustee
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1250 6 Street, Suite 400
Santa Monica, CA 90401
(Item Continued on Next Page)
02/17/2009
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20. Continued.
Appellant: Citicom Development
Allan Steward
1257 W. Colton Ave.
Redlands, CA 92374
That the hearing remain open . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council uphold the Planning Commission?s denial of Conditional
Use Permit No. 07-25, deny Appeal No. 08-06 and continue the
matter to March 2, 2009 to consider findings to support the
denial;
OR;
That the hearing be closed; and that the Mayor and Common
Council overturn the action of the Planning Commission, grant
Appeal No. 08-06 and approve Conditional Use Permit No. 07-25
based on the Findings of Fact and subject to the Conditions of
Approval and Standard Requirements in the September 16, 2008
Planning Commission Staff Report.
END OF PLANNING ITEMS
Development Services
21. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Matich Corporation for precise grading improvements
(SS 07-32), Plan No. 12325; Street Improvements (SS 07-32 & SS 04-34),
Storm Drain Improvements (SD 08-01) & Traffic Signal Improvements (TC 08-
01), Plan No. 12326 and City of San Bernardino Municipal Water Department
Water Improvement ? Metrolink Parking Structure, Plan No. 12576 for the
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realignment of Viaduct Blvd. between 2 Street and 3 Street. (See Attached)
(Cost to the City - $1,396,224 from Prop 1B Fund and Storm Drain
Construction) Wards 1 & 3
MOTION #1: That the Director of Finance be authorized to amend the FY
2008/09 budget by transferring $42,771 from Account No. 258-
359-5504-7741 ?SS 07-32 Realignment of Viaduct Boulevard? to
Account No. 258-359-5504-7740 ?TC 08-01 Install Traffic Signal
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at Realigned Viaduct Boulevard and 2 Street?; and
(Item Continued on Next Page)
02/17/2009
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21. Continued.
MOTION #2: That the Director of Finance be authorized to amend the FY
2008/09 budget by transferring $90,482 from Account No. 258-
359-5504-7741 ?SS 07-32 Realignment of Viaduct Boulevard? to
Account No. 258-359-5504-7769 ?SD 08-01 Viaduct Boulevard-
Realign Existing Storm Drain?; and
MOTION #3: That said resolution be adopted.
22. 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.)
23. 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, March 2, 2009, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
02/17/2009
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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.
02/17/2009
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