Loading...
HomeMy WebLinkAbout03-16-2009 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 16, 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 11-14.) 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: ___________________________________________ 103/16/2009 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); James Lewis v. County of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 801605; San Bernardino Police Officers Association, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVD 902362; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - United States District Court, Case No. EDCV 06-1408 VAP; United States Court of Appeals, Ninth Circuit, Case No. 07-56673; Odom v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVSS 707125; Ross v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVSS 706911; Town of Apple Valley, et al. v. County of San Bernardino (Waste Disposal Agreement Litigation) - Los Angeles County Superior Court, Case No. KC 049711 ?J?. (Item Continued on Next Page) 203/16/2009 1. Continued. 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: Brian Boom v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Human Potential Consultants 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: Chief of Police; Acting Assistant Chief of Police; Acting Police Chief General Unit Mid-Management Unit 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 303/16/2009 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 20 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. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 26, 2009, from Barbara Pachon, Director of Finance, be approved. 403/16/2009 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated March 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. City Attorney 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino in the Case of San Bernardino Police Officers Association; Richard Lawhead; Carol Donnelly v. City of San Bernardino; and Does 1 through 10, inclusive. MOTION: That said resolution be adopted. City Attorney/EDA 9. Resolutions of the Mayor and Common Council and of the Community Development Commission of the City of San Bernardino for Authorization to Execute an Agreement for Reimbursement by the Economic Development Agency for Legal Services provided to the City by the City Attorney on Economic Development Agency issues. (Staff Report not available at time of printing.) (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement for Reimbursement by the Economic Development Agency for legal services provided to the City by the City Attorney on Economic Development Agency issues. (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 Chairperson to execute an Agreement for Reimbursement by the Economic Development Agency for legal services provided to the City by the City Attorney on Redevelopment issues. (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. 503/16/2009 City Manager 10. Amendments to the FY 2008/09 budget related to the City Attorney and Development Services departments. (See Attached) (No Net Impact to the General Fund) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2008/09 budget as indicated in the staff report from Mark Weinberg, Interim City Manager, dated February 23, 2009. 11. Item Deleted. Development Services 12. Resolution of the City of San Bernardino establishing fair market value and minimum sale price for a portion of certain City Water Department owned parcel of real property generally located at the intersection of Foothill Drive and Sterling Avenue, and setting a public hearing for April 20, 2009, at 4:00 p.m. to consider said sale. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 4 MOTION: That the Director of Development Services be authorized to proceed with the sale of City Water Department property generally located at the intersection of Foothill Drive and Sterling Avenue, and being a portion of APN 0155-361-25; and that said resolution be adopted. 13. Resolution of the City of San Bernardino approving Amendment No. 1 to Consultant Services Agreements with the Firms of Willdan and Transportation Engineering and Planning, Inc. to provide on-call traffic engineering services. (See Attached) (Cost to the City - $50,000 from the General Fund and $60,000 from various CIP Project Funds) All Wards MOTION: That said resolution be adopted. 14. Resolution of the City of San Bernardino approving Utility Agreement Nos. 18720, 19740, 21245 and 20887 with the State of California, Department of Transportation (Caltrans) for the relocation of City sewer facilities per Plan Nos. 12574 & 12517 due to the widening of the I-215 and I-210 freeways. (See Attached) (Cost to the City - $4,903,200 from the Street Construction Fund, to be reimbursed by Caltrans) Wards 1, 2, & 6 603/16/2009 (Item Continued on Next Page) 703/16/2009 14. Continued. MOTION: That the Director of Finance be authorized to amend the FY 2008/09 budget by appropriating a total of $4,903,200 in expenditures in Account No. 242-362-5504-7848 and a corresponding amount in revenues to be reimbursed by Caltrans for project ?SW09-03 I-215 Sewer Relocations;? and that said resolution be adopted. Facilities 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Finance Director to increase Purchase Order No. 209400 by an additional $10,000 to Waxie Sanitary Supply for custodial supplies. (Cost to the City - $10,000.00 from the General Fund) All Wards MOTION: That said resolution be adopted. Finance 16. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a bid for lease purchase financing to First Municipal Leasing Corporation for the purchase of twelve (12) refuse trucks. (See Attached) (Cost to the City FY 2008/09 ? $727,827.53; FY 2009/10 ? $496,981.34 from Refuse Funds) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008/2009 budget by transferring $200,000 from Account No. 527-415-5505; $100,000 from Account No. 527-413-5014; $90,000 from Account No. 527-413- 5015; and $40,000 from Account No. 527-411-5706 to the following accounts; $305,300 to Account No. 527-412-5803 and $124,700 to Account No. 527-413-5803. Fire 17. Resolution of the Mayor and Common Council amending Resolution No. 2006-7 regarding the lease and service agreement with the San Bernardino International Airport Authority. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 803/16/2009 Parks, Recreation and Community Services 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute an agreement for C.I.D. staff and program funding between Friends of C.I.D. and City of San Bernardino. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 19. 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 $14,000 to IWORQ Systems Incorporated for the establishment of remote data collection in the Sewer Maintenance and Graffiti Removal Sections of the Public Services Department. (See Attached) (Cost to the City - $14,000 from the Sewer Fund and the General Fund) All Wards MOTION: That said resolution be adopted. Water 20. Resolution of the Mayor and Common Council of the City of San Bernardino approving the revised records retention schedule for the City of San Bernardino Municipal Water Department. (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Reviewed at Ways & Means Committee Meetings of March 4 and 11, 2009 - Committee Members Present: Kelley, Brinker City Manager?s Office 21. Set a public hearing for Monday, April 6, 2009, at 4:00 p.m. in the City Hall Council Chambers to discuss the adjustment of various user fees and the establishment of new user fees. (See Attached) (No Cost to the City ? Net Additional Revenue of approximately $770,000. ) MOTION: That a public hearing be set for Monday, April 6, 2009 at 4:00 p.m., in the Council Chambers of City Hall, to discuss the adjustment and establishment of various user fees. 903/16/2009 Recommended for approval at the Grants Ad-Hoc Committee Meeting of March 10, 2009 ? Committee Members Present: Baxter, Estrada, Johnson Fire 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager or his designee to accept and administer an award from the Department of Homeland Security (DHS) in the amount of $388,364. (See Attached) (Cost to the City ? $97,100 from General Fund Budget Reserve and $388,364 of Revenue from DHS?s Grant Funding Share) All Wards MOTION: That said resolution be adopted. 23. Item deleted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Development Services 24. 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. Mayor to open hearing . . . MOTION: That the hearing be closed and that the Mayor & Common Council deny Appeal No. 08-07 and uphold the Planning Commission?s denial of Conditional Use Permit No. 08-21, based on the recommended Findings of Fact; OR MOTION: That the hearing be closed and that the Mayor & Common Council grant Appeal No. 08-07, declare an intent to approve Conditional Use Permit No. 08-21 and continue the matter to April 6, 2009, to consider Findings of Fact and Conditions of Approval. END OF PUBLIC HEARINGS 10 03/16/2009 CONTINUED ITEMS CONTINUED FROM DECEMBER 1, 2008 Development Services 25. Norton Space and Aeronautics Academy ? Reimbursement Agreement for waiver/reimbursement of fees. (Backup material distributed on June 2, 2008, Item No. 15; Item continued to August 4, 2008, Item No. 38; New Request for Council Action distributed on December 1, 2008, Item No. 21.) Ward 1 MOTION: That the matter be continued to July 6, 2009. CONTINUED FROM MARCH 2, 2009 Human Resources 26. 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). (No Cost to the City ? Approximately $1,000,000 Savings over 16 Months) (Backup distributed on March 2, 2009, Item No. 15.) MOTION: That the matter be continued to April 6, 2009. END OF CONTINUED ITEMS STAFF REPORTS Council Office 27. Municipal Code Section 2.01.010 Mayor Pro-Tempore ? Election of Mayor Pro-Tempore. (See Attached) MOTION: That the Common Council elect a Councilmember to serve as Mayor Pro-Tempore until March 15, 2010. END OF STAFF REPORTS 11 03/16/2009 COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee Meeting on January 22, 2009 - Committee Members Present: Johnson, Baxter, Brinker TO BE HEARD AT 4:30 P.M. R28. Public Hearing ? ERAF Redevelopment Project Area Plan Amendments. (Staff Report not available at time of printing.) Wards 1, 2, 3, 5, 6, & 7 (Mayor and Common Council) A. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the State College Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the State College Redevelopment Project Area; and making other findings in connection therewith (State College Redevelopment Project Area) (Ordinance not available at time of printing.) B. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the Central City North Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City North Redevelopment Project Area; and making other findings in connection therewith (Central City North Redevelopment Project Area) (Ordinance not available at time of printing.) C. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the Central City West Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City West Redevelopment Project Area; and making other findings in connection therewith (Central City West Redevelopment Project Area) (Ordinance not available at time of printing.) D. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the Southeast Industrial Park Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Southeast Industrial Park Redevelopment Project Area; and making other findings in connection therewith (Southeast Industrial Park Redevelopment Project Area) (Ordinance not available at time of printing.) (Item Continued on Next Page) 12 03/16/2009 R28. Continued. E. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the Northwest Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Northwest Redevelopment Project Area; and making other findings in connection therewith (Northwest Redevelopment Project Area) (Ordinance not available at time of printing.) F. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the Tri City Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Tri City Redevelopment Project Area; and making other findings in connection therewith (Tri City Redevelopment Project Area) (Ordinance not available at time of printing.) G. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the South Valle Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the South Valle Redevelopment Project Area; and making other findings in connection therewith (South Valle Redevelopment Project Area) (Ordinance not available at time of printing.) H. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the Meadowbrook/Central City Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Meadowbrook/Central City Redevelopment Project Area; and making other findings in connection therewith (Meadowbrook/Central City Redevelopment Project Area) (Ordinance not available at time of printing.) I. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the Central City South Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City South Redevelopment Project Area; and making other findings in connection therewith (Central City South Redevelopment Project Area) (Ordinance not available at time of printing.) 13 03/16/2009 (Item Continued on Next Page) R28. Continued. J. Ordinance of the City of San Bernardino extending the time limit to the effectiveness of the Central City East Redevelopment Plan; Extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City East Redevelopment Project Area; and making other findings in connection therewith (Central City East Redevelopment Project Area) (Ordinance not available at time of printing.) MOTION: That the matter be continued to April 6, 2009. CONTINUED FROM MARCH 2, 2009 Recommended for approval at the Redevelopment Committee Meeting on January 22, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R29. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by Omnitrans (Backup distributed on February 17, 2009, Item No. R19; Resolution B distributed on March 2, 2009; Item No. R28) 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 April 6, 2009. 14 03/16/2009 Recommended for approval at the Redevelopment Committee Meeting on March 5, 2009 ? Committee Members Present: Johnson, Brinker R30.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 The Fransen Company (?Consultant?), for the preparation of a Commercial/Retail Strategy and develop a Marketing Potential Report for the Downtown Core Concept/Vision Plan in the amount not to exceed $110,000. (See Attached) Ward 1 MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee Meeting on March 5, 2009 ? Committee Members Present: Johnson, Brinker R31. Application for Community-Based Transportation Planning (CBTP) Grant Program Funds. (See Attached) (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting and approving the Interim City Manager of the City of San Bernardino (?City?) to submit an application to Caltrans for Community-Based-Transportation Planning (CBTP) Grant Program Funds. (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 submit sub-recipient documents for Community-Based Transportation Planning (CBTP) Grant Program Funds. MOTION: That said resolutions A and B, be adopted. 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 15 03/16/2009 heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 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, April 6, 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. 16 03/16/2009