HomeMy WebLinkAbout03-02-2009 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
th
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
MONDAY, MARCH 2, 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 9-10.)
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.
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
03/02/2009
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):
Belinsky v. City, Omnitrans, et al. ? United States District Court, Case
No. CV 08-8571 PSG (MANx);
Jane Batey v. City of San Bernardino ? San Bernardino County Superior
Court, Case No. SCVSS 141503;
Luisa Maravilla v. City of San Bernardino, et al. ? San Bernardino
County Superior Court, Case No. CIVSS 707097;
San Bernardino Police Officers Association, et al. v. City of San
Bernardino, et al. ? San Bernardino County Superior Court, Case No.
CIVD 902362;
San Bernardino City Professional Firefighters, Local 891 v. City of San
Bernardino, et al. ? San Bernardino County Superior Court, Case No.
CIVSS 807685.
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:
(Item Continued on Next Page)
03/02/2009
2
1. Continued.
City of San Bernardino v. California State University
City of San Bernardino v. American Home Mortgage Service,
Inc. [4858 Cristy Avenue, San Bernardino, California (APN#
626-291-17-0000)]
D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Chief of Police
Acting Assistant Chief of Police
Acting Police 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:
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.
END OF CLOSED SESSION
03/02/2009
3
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
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
22 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 2, 2009 (Distributed 2/24/09)
03/02/2009
4
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 12, 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 25, 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.
9. Item deleted.
Development Services
10. Authorization to proceed and approval of Plan No. 12595 ? proposed vacation
of a portion of the southerly side of Kendall Drive, northerly of Pine Avenue.
(See Attached) (No Cost to the City) Ward 5
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed with the proposed vacation of a portion of
the southerly side of Kendall Drive, northerly of Pine Avenue;
and that Plan No. 12595 showing the proposed vacation of a
portion of the southerly side of Kendall Drive, northerly of Pine
Avenue, be approved.
11. Resolution of the City of San Bernardino declaring its intention to order the
vacation of a portion of Kendall Drive (formerly State Highway 206) east of
?H? Street and reserving an access and landscape easement for the Castaway
Restaurant. (See Attached) (No Cost to the City) Ward 4
MOTION: That said resolution be adopted.
12. Item deleted.
13. Resolution of the City of San Bernardino authorizing execution of an agreement
with Omnitrans to provide a shuttle service for Metrolink riders during
construction of the realignment of Viaduct Boulevard (SS04-34 & SS07-32) (See
Attached) (Cost to the City - $40,000 from ½ Cent Sales and Road Tax
Fund) All Wards
MOTION: That said resolution be adopted.
03/02/2009
5
Fire
14. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application to the California Environmental
Protection Agency in the amount of $20,000 and authorizing the Fire
Department to administer the grant. (See Attached) (No Cost to the City -
$20,000 in Grant Revenue) All Wards
MOTION: That said resolution be adopted.
Human Resources
15. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a side letter to Resolution No. 2005-66 for full-time, fire safety
employees, adding language in Article IV, Fringe Benefits: Section 1,
Health/Related Insurance; Section 4, Deferred Compensation; Section 7,
Vacation and Holiday Sell-Back; Section 8, Welfare Benefit Trust; and Article
V, Leave Provisions: Section 1, Vacation; adding Section 7, Fire Leave; and
article VII, General Provisions, Section 2, Term of Memorandum of
Understanding (MOU) (See Attached) (No Cost to the City ? Approximately
$1,000,000 Savings over 16 Months) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Mayor
16. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of two Indian Gaming Local Community Benefit Grants
in the amount of $525,637.81 for FY 08/09 and $985,241 for FY 09/10, and
authorizing the expenditure of said grants for designated law enforcement
purposes as outlined in the grant budgets. (See Attached) Ward 4
MOTION: That said resolution be adopted.
Parks, Recreation and Community Services
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the submittal of a Title III-B Grant Application through the County
of San Bernardino Department of Aging and Adult Services (DAAS) for assisted
transportation for the period of July 1, 2009 through June 30, 2010. (See
Attached) (No Cost to the City - $1,200 in Matching Funds from the
Community Foundation Fund)
MOTION: That said resolution be adopted.
03/02/2009
6
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Interim City Manager to execute a Letter of Agreement with
KaBOOM! for a community-build playground to be constructed at the Rudy C.
Hernandez Community Center located at Meadowbrook Park. (See Attached)
(No Cost to the City ? Matching Funds of $10,000 from the Andrus Family
Trust, in Honor of the Al Guhin Family and $40,000 donated by funding
partner) Ward 1
MOTION: That said resolution be adopted.
Police
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Services Agreement and issuance of a purchase
order to Law Enforcement Medical Services for evidence collection not to
exceed $80,000 for FY 2008-09 with one optional renewal year. (See Attached)
(Cost to the City - $72,200 from the General Funds and OTS Grants Fund)
All Wards
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement for the City of Redlands Police
Department to use the City of San Bernardino Police Department?s firing range.
(See Attached) (No Cost to the City ? 2008/09 Revenue of $250) Ward 2
MOTION: That said resolution be adopted.
Public Services
21. Resolution of the Mayor and Common Council of the City of San Bernardino
rejecting Bid RFQ F-09-07 pursuant to Section 3.04.070 E of the Municipal
Code for the purchase of concrete materials. (See Attached) (No Cost to the
City) All Wards
MOTION: That said resolution be adopted.
Water
22. Receive and file ? Annual Audit of the Water Department?s Water and Sewer
Utilities for the fiscal year ending June 30, 2008. (See Attached)
MOTION: That the Mayor and Common Council receive and file the Annual
Audit of the Water Department?s Water and Sewer Utilities for
the fiscal year ending June 30, 2008.
END OF CONSENT CALENDAR
03/02/2009
7
COMMITTEE CONSENT
23. Item deleted.
Recommended for approval at the Ways & Means Committee Meeting of
February 4, 2009 ? Committee Members Present: Kelley, Baxter, Brinker
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of an agreement with the San Bernardino Symphony for
financial assistance from the 2008/2009 Civic and Promotion Fund for the music
in the schools program. (See Attached) (Cost to the City - $3,750 from Civic
and Promotion Fund) All Wards
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
CONTINUED FROM FEBRUARY 17, 2009
TO BE HEARD AT 4:00 P.M.
City Clerk
25. Appeal hearing - Regarding the City Clerk?s determination of ineligibility for
San Bernardino High School to operate a fireworks stand in 2009. (New
Request for Council Action Attached) (Request for Council Action distributed
on February 17, 2009, Item No. 17)
MOTION: That the matter be tabled.
TO BE HEARD AT 4:00 P.M.
Development Services
26. Public hearing ? Right of Way Contract and Grant Deed relative to the sale of
City of San Bernardino Municipal Water Department owned real property to
Caltrans (See Attached) (No Cost to the City ? Estimated Revenue of
$52,732) Ward 1
Resolution of the City of San Bernardino directing and authorizing the execution
of a Right of Way Contract with the State of California, Department of
Transportation, and the execution of a Grant Deed for the City of San
Bernardino Municipal Water Department owned property generally located
th
south of 9 Street and West of ?H? Street in the City of San Bernardino.
Mayor to open hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
03/02/2009
8
TO BE HEARD AT 4:00 P.M.
Public Services
27. Public hearing ? Resolution imposing liens on commercial properties for
uncollected refuse fees. (See Attached) (No Cost to the City ? Projected
Revenue of $380,937.44) All Wards
Resolution of the City of San Bernardino imposing liens on commercial
properties located within the City of San Bernardino for uncollected refuse fees.
Resolution not available at time of printing.)
MOTION: That the matter be tabled.
END OF PUBLIC HEARINGS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM FEBRUARY 17, 2009
Recommended for approval at the Redevelopment Committee Meeting on
January 22, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R28. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by
Omnitrans (Backup distributed on February 17, 2009, Item No. R19.)
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 Interim 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)
MOTION: That the matter be continued to March 16, 2009.
03/02/2009
9
Recommended for approval at the Redevelopment Committee Meeting on
February 19, 2009 ? Committee Members Present: Johnson, Baxter,
Brinker
R29. EDAW, Inc. ? Amendment No. 1 to the Professional Services Agreement for
additional funding (See Attached) Ward 1
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 Agreement for Professional Services by and between
the Agency and EDAW, Inc.
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee Meeting on
February 19, 2009 ? Committee Members Present: Johnson, Baxter,
Brinker
R30. San Bernardino new car automobile dealerships ? Special sales promotion (See
Attached) Wards 1, 3, & 6
MOTION: That the Community Development Commission of the City of
San Bernardino approve and authorize the Interim Executive
Director of the Redevelopment Agency of the City of San
Bernardino (?Agency?) to undertake an advertising and special
incentive automobile sales event for all new-vehicle automobile
dealers in the City of San Bernardino for a cost not to exceed
$150,000.
R31. Item deleted.
END OF COMMUNITY DEVELOPMENT COMMISSION
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.)
03/02/2009
10
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, March 16, 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.
03/02/2009
11