HomeMy WebLinkAbout05-18-2009 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
MONDAY, MAY 18, 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 11-12.)
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: ___________________________________________
05/18/2009
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):
People of the State of California, acting by and through the Department
of Transportation v. Macy?s California, LLC, A California Limited
Liability Company et al. ? San Bernardino County Superior Court, Case
No. SCVSS 145059;
Jane Batey, et al. v. City of San Bernardino ? San Bernardino County
Superior Court, Case No. SCVSS 141503;
Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez
et al. ? San Bernardino County Superior Court, Case No. SCVSS 86091;
Dennis Jackson, et al. v. City of San Bernardino, et al. ? San Bernardino
County Superior Court, Case No. CIVSS 800797.
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:
Denny?s Restaurant Shooting
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
(Item Continued on Next Page)
05/18/2009
2
1. Continued.
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.
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
05/18/2009
3
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Reappointments.
A. Steven Oquendo ? Mobile Home Board ? Mayor Morris. (See Attached)
B. Robert Hampton ? Mobile Home Board ? Mayor Morris. (See Attached)
C. Sandra Kurkoske ? Mobile Home Board ? Mayor Morris. (See Attached)
MOTION: That the reappointments of Steven Oquendo, Robert
Hampton, and Susan Kurkoske to the Mobile Home
Board, as requested by Mayor Morris, be approved.
3. Presentations.
A. Service Pin Awards Ceremony.
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
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.
05/18/2009
4
6. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated April 29, 2009, from
Barbara Pachon, Director of Finance, be approved.
7. Personnel Actions.
No personnel actions submitted.
LAID OVER FROM MAY 4, 2009
City Attorney
8. An Ordinance of the Mayor and Common Council of the City of San Bernardino
amending Section 5.82.020 of the San Bernardino Municipal Code relating to
the violation of any condition of an Operator?s Permit. FINAL READING
(Backup material distributed on May 4, 2009, Item No. 22.)
MOTION: That said ordinance be adopted.
City Clerk
9. Resolution of the Mayor and Common Council of the City of San Bernardino
requesting that the City of San Bernardino?s primary election be consolidated
with the November 3, 2009 consolidated election conducted by the County of
San Bernardino. (See Attached) (Cost to the City - $0.00 for FY 08/09;
$500,000 FY 09/10 Budget). All Wards
MOTION: That said resolution be adopted.
City Manager
10. Set Budget Hearing dates for FY 2009/10 Budget. (See Attached)
MOTION: That the Mayor and Common Council set budget workshop dates
for June 3, 9, 16, 24, 29at 4:00 p.m. in the Economic
Development Agency Boardroom to review the Fiscal Year
2009/10 City and Economic Development Agency Budgets.
Development Services
11. Authorize the Director of Development Services to execute Contract Change
Order No. Two with Weka, Inc. for Sewer Force Main and Colton Lift Station
improvements at Inland Center Drive ? Sewer Main & Sewer Encasements at
Mill Street (SW08-08) I-215 Freeway widening (Segment 3) and authorization to
amend the FY 2008/09 budget. (See Attached) (Cost to the City - $300,000
from Street Construction Fund; Caltrans Reimbursement) Ward 3
(Item Continued on Next Page)
05/18/2009
5
11. Continued.
MOTION: That the Director of Finance be authorized to amend the FY
2008/09 budget by increasing the revenue of Fund No. 242
(Street Construction) by $170,000 and allocate this additional
amount to Account No. 242-362-5504-7747 ?SW08-08 Segment
3 Sewer Relocation along I-215 Freeway?; and that the Director
of Development Services be authorized to execute Contract
Change Order No. Two with Weka, Inc. for the Sewer Force
Main and Colton Lift Station improvements at Inland Center
Drive ? Sewer Main & Sewer Encasements at Mill Street (SW08-
08) I-215 Freeway widening (Segment 3).
Facilities
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement for services and issuance of a
purchase order to Modular Space Corporation, for Public Services Modular
Building and Related Equipment in the City of San Bernardino per RFQ #F-09-10.
(See Attached) (Cost to the City - $311,226 from FY 09/10 Refuse Budget)
Ward 1
MOTION: That said resolution be adopted.
Human Resources
13. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a side letter to Resolution 2006-66 for full-time, fire safety
employees, amending the current language in Article III, Compensation: Section
1, Salaries, Subsection (A); Article IV, Fringe Benefits: Section 1,
Health/Related Insurance, Subsection (C); Article IV, Fringe Benefits: Section
4, Deferred Compensation; Article IV, Fringe Benefits: Section 7, Vacation and
Holiday Sell-Back; Article IV, Fringe Benefits: Section 8, Welfare Benefit
Trust; Article V, Leave Provisions: Section 1, Vacation, Subsection (E); adding
Article IV, Fringe Benefits: Section 9, Post Employment Health Plan Programs;
Article V, Leave Provisions: Section 7, Budget Concession Leave; and Article
VII, General Provisions, Section 2, Term. (See Attached) (No Cost to the City
? Approximate Savings of $1,425,400 over 13 Months) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
05/18/2009
6
Police
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Memorandum of Understanding between the San
Bernardino City Unified School District and the City of San Bernardino for high
school graduation security. (See Attached) (No Cost to the City - $8,656 paid
for by San Bernardino City Unified School District) All Wards
MOTION: That said resolution be adopted.
15. Resolution authorizing the Police Department to participate in the San
Bernardino County Data Sharing Initiative and authorizing the Chief of Police to
execute the San Bernardino County Data Sharing Initiative Memorandum of
Understanding (MOU). (See Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of the Amendment to the Memorandum of
Understanding (MOU) with the San Bernardino County Auto Theft Task Force
(SANCATT). (See Attached) (Cost to the City - $15,000 from the General
Fund) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee Meeting of
April 21, 2009 ? Committee Members Present: Brinker, Shorett
Development Services
17. An Ordinance of the City of San Bernardino amending Chapter 15.37 of the San
Bernardino Municipal Code related to the Historic Building Demolition
Ordinance. FIRST READING (See Attached) (No Cost to the City)
All Wards
MOTION: That said ordinance be laid over for final adoption.
END OF COMMITTEE CONSENT
05/18/2009
7
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
City Clerk
18. Appeal Hearing ? Appeal regarding the denial of the fireworks stand application
submitted by San Gorgonio High School Tennis. (See Attached)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council uphold the decision of the City Clerk to deny the
application submitted by San Gorgonio High School Tennis for
the operation of a fireworks stand for 2009.
TO BE HEARD AT 4:00 P.M.
City Clerk
19. Appeal Hearing ? Appeal of the Bureau of Franchises? denial of a Petition for
Franchise Permit for Express Transportation, dba AA Inland Empire Cab to
operate two (2) taxicabs in the City of San Bernardino. (See Attached)
All Wards
Appellant: Express Transportation, dba AA Inland Empire Cab
3000 Date Street
Riverside, CA 92507
Mayor to open the hearing. . .
MOTION 1: That the hearing be closed; and that the Mayor and Common
Council uphold the Bureau of Franchises? denial of a Petition for
Franchise Permit for Express Transportation, dba AA Inland
Empire Cab, to operate two (2) taxicabs in the City of San
Bernardino.
OR
MOTION 2: That the hearing be closed; and that the Mayor and Common
Council grant the appeal for a Petition for Franchise Permit for
Express Transportation dba AA Inland Empire Cab to operate
two (2) taxicabs in the City of San Bernardino.
05/18/2009
8
TO BE HEARD AT 4:00 P.M.
CONTINUED FROM MAY 4, 2009
City Manager?s Office
20. Public Hearing - Resolutions establishing certain fees for services furnished by
the City of San Bernardino; an ordinance clarifying the City?s authority to
charge for certain fees; and draft ordinances to be referred to the Legislative
Review Committee. (See New Staff Report and Backup) (Backup material
distributed on April 6, 2009, Item No. 24; item continued to April 20, Item
No. 30; item continued to May 4, 2009, Item No. 24.) (No Cost to the City ?
Net Additional Revenue of approximately $740,000 in FY 2009-2010)
All Wards
A. Resolution of the Mayor and Common Council of the City of San
Bernardino establishing certain fees for services furnished by the City of
San Bernardino, and superseding all prior fee resolutions.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino establishing the schedule of penalties for parking violations
set forth in the City of San Bernardino Municipal Code and the
California Vehicle Code, and superseding Resolution 2008-315.
C. An Ordinance of the City of San Bernardino amending Sections
8.27.100, 8.30.130, 8.36.070, 12.64.020, and 15.28.150 of the San
Bernardino Municipal Code and adding Sections 12.80.055 and
12.80.100(c) through (f) thereto to incorporate into the Municipal Code
language contained in the Master Fee Resolution, to clarify the process
for obtaining a permit to consume alcoholic beverages in a park, and to
authorize fees relative to processing of information concerning liens.
FIRST READING
D. An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California adding Chapter 16.18 of the San Bernardino
Municipal Code regarding unauthorized signs on public property.
FIRST READING (Ordinance not available at time of printing.)
E. An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California repealing and replacing Chapter 5.68 of the San
Bernardino Municipal Code regarding yard sales. FIRST READING
(Ordinance not available at time of printing.)
The hearing remains open. . .
(Item Continued on Next Page)
05/18/2009
9
20. Continued.
MOTION 1: That the hearing be closed; that said resolutions A and
B, be adopted; and that said ordinance C, be laid over
for final adoption.
MOTION 2: That said draft ordinances D and E, be referred to the
Legislative Review Committee for further discussion
and review.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM MAY 4, 2009
Development Services
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing 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).
(Backup distributed on April 20, 2009, Item No. 11; item continued to May
4, 2009, Item No. 26.) (No Cost to the City) Ward 4
MOTION: That the matter be continued to June 1, 2009.
CONTINUED FROM MAY 4, 2009
Development Services
22. 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.) (Resolution not available at time of
printing.) Wards 1 & 3
MOTION: That the matter be continued to June 1, 2009.
05/18/2009
10
CONTINUED FROM MAY 4, 2009
Development Services
23. Resolution of the City of San Bernardino authorizing the execution of Pipeline
License Agreements with the BNSF Railway Company for sewer relocation
th
work to be performed by the City at Spruce Street and at 10 Street, relative to
the I-215 widening. (Backup distributed on May 4, 2009, Item No. 14.) (Cost
to the City - $5,000 from Street Construction Fund/CIP Project SW-09-03)
(Resolution not available at time of printing.) Ward 1
MOTION: That the matter be continued to June 1, 2009.
END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
24. Discussion of possible grant opportunities.
MOTION: To discuss and/or take possible action.
City Manager
25. A resolution of the Mayor and Common Council of the City of San Bernardino
finding a severe fiscal hardship will exist if additional local property tax funds
are seized and additional unfunded mandates are adopted by the State of
California. (See Attached) All Wards
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meeting on
April 23, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R26. 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 2008 Disposition and Development Agreement by and
between the Agency and Maya Cinemas North America, Inc., (Central City
North Redevelopment Project Area). (See Attached) Ward 1
MOTION: That said resolution be adopted.
05/18/2009
11
Recommended for approval at the Redevelopment Committee meeting on
May 7, 2009 ? Committee Members Present: Johnson, Brinker
R27. 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 J & G Industries, Inc., for
th
the demolition of Agency Properties located at 2656, 2695, and 2639 West 5
th
Street, San Bernardino (5 Street and Meridian Avenue Project). (See Attached)
Ward 6
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING ITEMS
CONTINUED FROM APRIL 20, 2009
Development Services
28. 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. (Backup
distributed on March 16, 2009, Item No. 24; item continued to April 6,
2009, Item No. 36; item continued to April 20, 2009, Item No. 47.) Ward 1
Owner: Faith Temple AP Ministries
840 North Sierra Way
San Bernardino, CA 92401
Appellant: Dr. Garnett Newcombe
Human Potential Consultants, LLC
500 East Carson Plaza Dr. No. 127
Carson, CA 90746
The hearing was closed.
MOTION: That the matter be continued to June 1, 2009.
END OF PLANNING ITEMS
05/18/2009
12
29. 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.)
30. 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, June 1, 2009, in the Council Chambers of City Hall,
300 North ?D? Street, San Bernardino, California.
05/18/2009
13
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.
05/18/2009
14