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HomeMy WebLinkAbout06-15-2009 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 AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, JUNE 15, 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 21-22.) 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: ___________________________________________ 06/15/2009 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): Belinski, Paul v. City, et al. ? U.S. District Court, Case No. CV08- 8571; Odom, Teriz v. City, et al. ? San Bernardino County Superior Court, Case No. CIVSS 707125. 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 Nextel Boost 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: City Attorney Administration Supervisor (Item Continued on Next Page) 06/15/2009 2 1. Continued. 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: Property Address: 120 South D Street, San Bernardino APN: 0136-122-60 Agency Negotiator: Emil A. Marzullo, Interim Executive Director of the Redevelopment Agency, on behalf of the Joint Powers Authority Negotiating Parties: Tim J. Burgess Under Negotiation: Purchase price, terms and conditions END OF CLOSED SESSION 06/15/2009 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Nick Calero ? Bicentennial Committee ? Council Member Kelley (See Attached) MOTION: That the appointment of Nick Calero to the Bicentennial Committee, as requested by Council Member Kelley, 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 29 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. Item deleted. 06/15/2009 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 June 4, 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 June 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 Manager 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2009/2010. (See Attached) MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council authorizing a License Agreement with Sprint Communications Company, L.P. permitting access to communications conduit beneath the City. (See Attached) (No Cost to the City - $625 in revenue for FY 2008/09.) Ward 3 MOTION: That said resolution be adopted. 11. Resolution of the City of San Bernardino amending Resolution 2009-122 establishing certain fees for services furnished by the City of San Bernardino, eliminating the Police Department fee for Fix-It-Ticket-Officer-Sign-Off. (See Attached) All Wards MOTION: That said resolution be adopted. Development Services 12. Authorization to proceed and approval of Plan No. 12651 ? Proposed street th vacation of a portion of 25 Street between ?G? Street and ?F? Street, and a thth portion of Berkeley Avenue between 25 Street and 26 Street. (See Attached) (No Cost to the City) Ward 7 (Item Continued on Next Page) 06/15/2009 5 12. Continued. MOTION: That the Director of Development Services and the City Clerk be authorized to proceed with the proposed street vacation of a th portion of 25 Street between ?G? Street and ?F? Street, and a thth portion of Berkeley Avenue between 25 Street and 26 Street; and that Plan No. 12651 showing the proposed street vacation of th a portion of 25 Street between ?G? Street and ?F? Street, and a thth portion of Berkeley Avenue between 25 Street and 26 Street, be approved. 13. Resolution of the City of San Bernardino approving Amendment No. 3 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) (No Cost to the City) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 14. Resolution of the City of San Bernardino declaring its intention to order the vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 15. Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison across City owned property located on the northeast corner of Palm Avenue and Irvington Avenue, know as Tom Minor Park (APN 0261-691-48) (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 5 MOTION: That the matter be continued to July 6, 2009. 16. Resolution of the San Bernardino Joint Powers Financing Authority establishing the fair market value of that certain parcel of real property located at 120 South ?D? Street, San Bernardino, commonly known as Assessor?s Parcel Number 0134-122-60, relative to the relocation of the Fire Department?s Maintenance Facility, authorizing said purchase and authorizing and directing the execution of a purchase sales agreement. (See Attached)(Cost to the City - $400,000 (down payment)/ $60,000 annual payments for 5 years; $1.2 Million after 5 years, or $100,000 and extension of annual payments for an additional 5 years from the sale of Fire Department Maintenance Facility located at Base Line and ?H? Streets) (Resolution not available at time of printing.)Ward 1 (Item Continued on Next Page) 06/15/2009 6 16. Continued. MOTION: That said resolution be adopted; and that the City Attorney?s Office and the Director of Development Services be authorized to proceed with the proposed purchase under the Joint Powers Financing Authority. 17. Resolutions approving the 2009/2010 Assessment Rolls ? various Assessment Districts. (See Attached) (Cost to the City - $2,055,502.27 from various Assessment Districts Funding) Wards 1, 3, 4, 5 & 6 A. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road Area. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University area. (Resolution not available at time of printing.) C. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive Area. (Resolution not available at time of printing.) D. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive area. (Resolution not available at time of printing.) E. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 959, Zone 1 and Zone 2, Landscaping Maintenance Assessment District, Shandin Hills area. (Resolution not available at time of printing.) F. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue area. (Resolution not available at time of printing.) (Item Continued on Next Page) 06/15/2009 7 17. Continued. G. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street area. (Resolution not available at time of printing.) H. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (Resolution not available at time of printing.) I. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (Resolution not available at time of printing.) J. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street area. (Resolution not available at time of printing.) K. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue area. (Resolution not available at time of printing.) L. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue area. (Resolution not available at time of printing.) M. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive area. (Resolution not available at time of printing.) N. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street area. (Resolution not available at time of printing.) (Item Continued on Next Page) 06/15/2009 8 17. Continued. O. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street area. (Resolution not available at time of printing.) P. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue area. (Resolution not available at time of printing.) Q. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street area. (Resolution not available at time of printing.) R. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue area. (Resolution not available at time of printing.) S. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street area. (Resolution not available at time of printing.) T. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, ?H? Street area. (Resolution not available at time of printing.) U. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) area. (Resolution not available at time of printing.) V. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue area. (Resolution not available at time of printing.) (Item Continued on Next Page) 06/15/2009 9 17. Continued. W. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll For Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street area. (Resolution not available at time of printing.) X. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. (Resolution not available at time of printing.) Y. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive area. (Resolution not available at time of printing.) Z. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (Resolution not available at time of printing.) AA. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. (Resolution not available at time of printing.) BB. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue area. (Resolution not available at time of printing.) CC. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment District, SBIAA/Alliance California area. (Resolution not available at time of printing.) DD. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. (Resolution not available at time of printing.) (Item Continued on Next Page) 06/15/2009 10 17. Continued. EE. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive area. (Resolution not available at time of printing.) FF. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street area. (Resolution not available at time of printing.) GG. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1027 Landscaping Maintenance District, Waterman Avenue and Washington Street area. (Resolution not available at time of printing.) HH. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1028 Landscaping Maintenance District, Ohio Avenue and Walnut Avenue area. (Resolution not available at time of printing.) II. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1029 Landscaping th Maintenance District, California Street and 16 Street area. (Resolution not available at time of printing.) JJ. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (Resolution not available at time of printing.) KK. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1031 Landscaping Maintenance District, Irvington Avenue and Olive Avenue area. (Resolution not available at time of printing.) LL. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive Area. (Resolution not available at time of printing.) (Item Continued on Next Page) 06/15/2009 11 17. Continued. MM. Resolution of the City of San Bernardino confirming the 2009/2010 Special Tax for certain parcels of real property within Community Facilities District No. 1033 for a portion of the operation and maintenance costs of the Verdemont Fire Station. (Resolution not available at time of printing.) NN. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road area. (Resolution not available at time of printing.) OO. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway area. (Resolution not available at time of printing.) PP. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue area. (Resolution not available at time of printing.) QQ. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue area. (Resolution not available at time of printing.) RR. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance District, Irvington Avenue And Chestnut Avenue area. (Resolution not available at time of printing.) SS. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1040, Landscaping Maintenance District, Acacia Avenue and Hill Drive area. (Resolution not available at time of printing.) TT. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1041, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (Resolution not available at time of printing.) (Item Continued on Next Page) 06/15/2009 12 17. Continued. UU. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive area. (Resolution not available at time of printing.) VV. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington Avenue area. (Resolution not available at time of printing.) WW. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1045 Landscape Maintenance District, located in the Waterman Avenue and Orange Show Road area. (Resolution not available at time of printing.) XX. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1046 Landscape Maintenance District, Northpark Boulevard and Northstar Avenue area. (Resolution not available at time of printing.) YY. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1047 Landscape Maintenance District, located in the Ohio Avenue and Pine Avenue area. (Resolution not available at time of printing.) ZZZ. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1052 Landscape Maintenance District, located in the Belmont Avenue and Chestnut Avenue area. (Resolution not available at time of printing.) AAA. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1057 Landscape Maintenance District, located in the Cajon Boulevard and University Parkway area. (Resolution not available at time of printing.) BBB. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1059 Landscape Maintenance District, located in the Orange Show Road and Tippecanoe Avenue area. (Resolution not available at time of printing.) (Item Continued on Next Page) 06/15/2009 13 17. Continued. CCC. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1063 Landscape Maintenance District, located in the Central Avenue and Lena Road area. (Resolution not available at time of printing.) DDD. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1064 Landscape Maintenance District, located in the Cajon Boulevard and Glen Helen Parkway area. (Resolution not available at time of printing.) EEE. Resolution of the City of San Bernardino, authorizing and setting the Special Tax Rate for that certain area generally located north of Highland Avenue, east of Golden Avenue for paramedic services, Special Tax Area 2006-1, and approving the Fiscal Year 2009/2010 Tax Roll. (Resolution not available at time of printing.) MOTION: That the matter be continued to July 6, 2009. Facilities 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an annual purchase order to SK Telecon, Inc. for the cable pull services to the City?s telephone system for the Facilities Management Department in the amount of $35,678. (See Attached) (Cost to the City - $35,678 from the 2009/2010 Telephone Support Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an annual purchase order with three one-year renewal options to Nexus I.S. for the equipment maintenance of the City?s telephone system for the Facilities Management Department in the amount of $47,784.96. (See Attached) (Cost to the City - $47,784.96 from the 2009/2010 Telephone Support Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 06/15/2009 14 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract and issuance of an annual purchase order with three one-year renewal options to Securitas Security Services USA, Inc. for security guard services at the San Bernardino Metrolink Station. (See Attached) (Cost to the City - $110,500 from the 2009/2010 General Fund) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Fire 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into a Memorandum of Understanding (MOU) with ICEMA (Inland Counties Emergency Medical Agency) to accept laptop/table ?Toughbook? computers and participate in the Regional Emergency Medical Services Electronic Data Collection Program. (See Attached) (Cost to the City - $19,400 annually from the FY 2010/11 General Fund) All Wards MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City to donate two (2) fire apparatus from surplus to the Public Safety Academy. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Parks, Recreation and Community Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a continuation grant application to the Corporation for National and Community Service, and accepting the amount of $295,349 to continue the administration and operation of the Senior Companion Program for the period of July 1, 2009 through June 30, 2010. (See Attached) (Cost to the City - $295,349 from Grant Funding and $43,934 from the 2009/2010 General Fund) All Wards MOTION: That said resolution be adopted. Human Resources 24. Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. 1 to the Consultant Services Agreement with the Counseling Team International to provide employee assistance services to City employees. (See Attached) (Cost to the City - $42,750 from the 2009/2010 Professional Contractual Services Fund) (Item Continued on Next Page) 06/15/2009 15 24. Continued. MOTION: That said resolution be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. 1 to the Consultant Services Agreement with Lien On Me, Inc. to provide worker?s compensation medical bill review services. (See Attached) (Cost to the City - $100,000 from the 2009/2010 Workers? Compensation Fund) MOTION: That said resolution be adopted. Information Technology 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the issuance of a purchase order to Accela, Inc., for maintenance of the Permits+ System. (See Attached) (Cost to the City - $64,328.86 from the FY 2009/2010 Information Technology Equipment Maintenance Fund) All Wards MOTION: That said resolution be adopted. Parks, Recreation and Community Services 27. Authorize implementation of the Parks Division Proposal relative to Parks Maintenance staffing. (See Attached) (No Cost to the City ? Additional Savings to the General Fund in the amount of $25,087) All Wards MOTION: That the Parks Division Proposal (Exhibit ?A?) relative to staffing at Park sites be implemented; that five (5) Parks Maintenance Workers III and six (6) Parks Maintenance Workers II positions be reinstated; and that the Director of Finance be authorized to include these changes in the final FY 2009/10 budget. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Director of Finance to issue an annual purchase order in the amount of $29,500, with a contingency amount of $6,500, to Inter Valley Pool Supply for swimming pool chemicals (chlorine and acid) for FY 2009/10, with two single-year renewal options. (See Attached) (Cost to the City - $36,000 from the Sports/Aquatics Materials & Supplies Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 06/15/2009 16 Public Services 29. A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $73,926.84 to Yale/Chase Equipment of Fontana pursuant to Section 3.04.010-B3 of the Municipal Code for a JCB 3CX14 4WD Backhoe/Loader to be utilized by the Public Services Department Street Division Sewer Maintenance Crew. (See Attached) (Cost to the City - $73,926.84 from the Sewer Line Maintenance Fund) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008/2009 budget by transferring $73,300 from Account No. 132-431-5704 (Miscellaneous Equipment), to Account No. 132-431-5701 (Motor Vehicles). END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad-Hoc Committee meeting of May 12, 2009 ? Committee Members Present: Johnson, Baxter City Manager 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of the Energy Efficiency and Conservation Block Grant application to develop an Energy Efficiency & Conservation Strategy. (See Attached) (No Cost to the City ? Grant Revenue of up to $250,000) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Ad-Hoc Committee meeting of May 12, 2009 ? Committee Members Present: Johnson, Baxter Fire 31. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the 2009 Assistance to Firefighters Grant Program on- line application to the Department of Homeland Security in the amount of $351,350. (See Attached) (Cost to the City - $351,350; $281,080 from the Department of Homeland Security Grant Funding Share and $70,270 from the FY 09/10 General Fund) All Wards MOTION: That said resolution be adopted. 06/15/2009 17 Recommended for approval at the Grants Ad-Hoc Committee meeting of May 12, 2009 ? Committee Members Present: Johnson, Baxter Police 32. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of a CBRNE response vehicle from LENCO Corporation of Pittsfield, MA in an amount not to exceed $340,000. (See Attached) (No Cost to the City ? All Cost to the City from Grant Funds; UASI Grant) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 33. This item has been moved to Item #23 on the agenda. Recommended for approval at the Grants Ad-Hoc Committee meeting of May 26, 2009 ? Committee Members Present: Baxter, Johnson Mayor 34. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application by the City Manager to the Office of Juvenile Justice and Delinquency Prevention for the Second Chance Act Youth Offender Reentry Initiative Grant. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Legislative Review Committee meeting of April 21, 2009 ? Committee Members Present: Brinker, Shorett Fire 35. Ordinance of the City of San Bernardino amending Chapter 15 of the San Bernardino Municipal Code adding Section 15.10.030 to designate very high fire hazard severity zones as recommended by the Director of the California Department of Forestry and Fire Protection within the City of San Bernardino as depicted on a map titled City of San Bernardino Very High Fire Hazard Severity Zones dated October 29, 2008, and retained on file at the Office of the City Clerk, 300 N. D Street, San Bernardino, California. (See Attached) (No Cost to the City) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. 36. Item deleted. 06/15/2009 18 Reviewed by Ways & Means Committee meeting of June 3, 2009 ? Committee Members Present: Kelley, Brinker Parks, Recreation and Community Services th 37. Request for Civic & Promotion funding for the 2009 4 of July Parade and Celebrations at Court Street Square and at the Arrowhead Credit Union Park. (See Attached) (Cost to the City - $30,000 from the Civic & Promotion Fund) Ward 3 MOTION: That the Mayor and Common Council authorize $30,000 in Civic th and Promotion funding to conduct the 2009 4 of July Parade, the Court Street Square Family Celebration and the Fireworks Spectacular Celebration at the Arrowhead Credit Union Park. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Reviewed at the Legislative Review Committee meeting of May 5, 2009 ? Committee Members Present: Brinker, Shorett, McCammack Development Services 38. Public Hearing - An Ordinance of the City of San Bernardino amending Chapter 19.06, Commercial Districts, Section 19.06.025(1)(F) and (G), and (3), Section 19.06.030(2)(B)(1), (2), (3), (4), and (7) and Section 19.06.030(2)(F)(1), (2), (5), (7), (8), (16), and (20) of the San Bernardino Municipal Code (Development Code) related to Prohibited Uses, Alcoholic Beverage Control ?ABC? Licenses, and Convenience Stores. (See Attached) (Cost to the City - $500 from the General Fund) All Wards Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. END OF PUBLIC HEARINGS 06/15/2009 19 CONTINUED ITEMS CONTINUED FROM JUNE 1, 2009 Facilities 39. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order to Waxie Sanitary Supply for custodial supplies. (See New Staff Report and Resolution Attached) (Cost to the City - $35,000 from the General Fund) (Backup distributed on June 1, 2009, Item No. 15.) All Wards MOTION: That said resolution be adopted. CONTINUED FROM JUNE 1, 2009 Development Services 40. 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; item continued to May 18, 2009, Item No. 22; item continued to June 1, 2009, Item No. 26.) (Resolution not available at time of printing.) Wards 1 & 3 MOTION: That the matter be continued to July 6, 2009. END OF CONTINUED ITEMS STAFF REPORTS City Attorney 41. Urgency ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 8.60.095 regarding regulatory fees for the sale of fireworks. URGENCY (Staff Report and Ordinance not available at time of printing.) MOTION: That said urgency ordinance be adopted. 42. Item deleted. END OF STAFF REPORTS 06/15/2009 20 COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on May 7, 2009 ? Committee Members Present: Johnson, Brinker R43. Award of a Construction Contract for the Installation of a Fire Suppression th System ? California Theatre of the Performing Arts located at 562 West 4 Street (Central City North Redevelopment Project Area) (See Attached) Ward 1 Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the funding of the Construction Contract for the installation of fire sprinklers and a fire suppression system in the California Theatre by and between the Redevelopment Agency of the City of San Bernardino (?Agency?) and Inland Building Construction Companies, Inc., and making certain findings and determinations pursuant to Health & Safety Code Section 33445 as to the benefit of such improvements to the State College Redevelopment Project Area and the Tri-City Redevelopment Project Area for undertaking of certain improvements to an Agency-owned facility (Central City North Redevelopment Project Area). 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 Inland Building Construction Companies, Inc., for a fire sprinkler and Fire Suppression System at the California Theatre (Central City North Redevelopment Project Area). MOTION: That said resolutions A and B, be adopted. Recommended for approval at the Redevelopment Committee meeting on May 7, 2009 ? Committee Members Present: Johnson, Brinker R44. 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 (1) the Termination Agreement of the HOME Grant Agreement dated December 19, 2005, by and between Mary?s Mercy Center, Inc., and the Agency; and (2) the 2009 Low and Moderate Income Housing Funds Grant Development Agreement by and between Mary?s Mercy Center, Inc., and the Agency for Veronica?s Home of Mercy II transitional housing project (IVDA Redevelopment Project Area). (See Attached) Ward 1 (Item Continued on Next Page) 06/15/2009 21 R44. Continued. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on June 4, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R45. Mary Erickson Community Housing, Inc. (?MECH?) ? Delegation and authorization for the implementation of the Neighborhood Stabilization Program (?NSP?) and approval of a certain Master Agreement between the Agency and MECH (See Attached) Ward 7 Mayor and Common Council A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the expenditure of certain Neighborhood Stabilization Program (?NSP?) Funds pursuant to the Housing and Economic Recovery Act of 2008 (?HERA?) in accordance with NSP Grant Number B-08-MN-06-0520 in the principal amount equal to $8,408,558. (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino accepting the delegation of administration and management for the use if the City of San Bernardino Neighborhood Stabilization Program (?NSP?) Funds in accordance with the Housing and Economic Recovery Act of 2008. C. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the use of Low and Moderate Income Housing Funds and Neighborhood Stabilization Program (?NSP?) Funds through a certain Master Agreement by and between the Redevelopment Agency of the City of San Bernardino (?Agency?) and Mary Erickson Community Housing, Inc. (?MECH?), pursuant to the Neighborhood Stabilization Program. MOTION: That said resolutions A ? C, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 06/15/2009 22 PLANNING ITEMS CONTINUED FROM JUNE 1, 2009 Development Services 46. 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; item continued to May 18, 2009, Item No. 28; item continued to June 1, 2009, Item No. 38.) 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 July 6, 2009. END OF PLANNING ITEMS City Attorney 47. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Edward King, et al. v. City of San Bernardino, et al., United States District Court, Case No. CV 09-01339. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 06/15/2009 23 48. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Demariae Vinson v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVSS 818649. (See Attached) MOTION: That said resolution be adopted. 49. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, McElhaney & Beckett and the City of San Bernardino for legal services in the case of Robert Walker v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CVISS 814767. (See Attached) MOTION: That said resolution be adopted. 50. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Edward Daves, et al., v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVSS 815804. (See Attached) MOTION: That said resolution be adopted. 51. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Hawes and the City of San Bernardino for legal services in the claim of Sochilt Martinez v. City of San Bernardino, et al. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 52. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Hawes and the City of San Bernardino for legal services in the claim of Travis Walker v. City of San Bernardino, et al. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 06/15/2009 24 53. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Hawes and the City of San Bernardino for legal services in the claim of Steve Lowes v. City of San Bernardino, et al. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 54. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the amendment of Section 7 of the Employment Agreement with Keith Kilmer due to an administrative error in the original agreement. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police Department 55. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2009/10 Justice Assistance Grant (JAG) Funds and execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 56. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No. 2 to the Agreement and an increase to Purchase Order No. 302230 by an additional $32,400 to Fluoresco Lighting & Signs for additional streetlight maintenance services. (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 57. 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.) 06/15/2009 25 58. Adjournment. MOTION: That the meeting be adjourned to 4 p.m., Tuesday, June 16, 2009, in the Economic Development Agency Boardroom to consider the Fiscal Year 2009/10 City and Economic Development Agency budgets. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, July 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. 06/15/2009 26