HomeMy WebLinkAbout09-21-2009 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, SEPTEMBER 21, 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 11-13.)
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: ___________________________________________
09/21/2009
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):
Michael Garland v. State of California and John McQuarter ? San
Bernardino Superior Court, Case No. SCVSS 144135.
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)
Human Potential Consultants, LLC 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.
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.
(Item Continued on Next Page)
09/21/2009
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1. Continued.
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
09/21/2009
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Martha Muñoz ? Fire Commission ? Council Member Johnson (See
Attached)
MOTION: That the appointment of Martha Muñoz to the Fire Commission,
as requested by Council Member Johnson, 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.
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6. Council Minutes.
MOTION: That the minutes of the following meeting(s) of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form: August 10, 2009 (Distributed 9/14/09)
August 17, 2009 (Distributed 9/14/09)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated August 31, 2009,
from Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions.
No personnel actions submitted.
City Manager
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing Amendment No. 1 to the Facility Lease dated April 15, 2006 by and
between the City of San Bernardino and the California Infrastructure and
Economic Development Bank. (See Attached) (No Cost to the City)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
LAID OVER FROM SEPTEMBER 8, 2009
Council Office/Legislative Review Committee
10. An Ordinance of the City of San Bernardino adding San Bernardino Municipal
Code Chapter 9.58, relating to the use of private surveillance equipment.
FINAL READING (Backup distributed on September 8, 2009, Item No.
19.) All Wards
MOTION: That said ordinance be adopted.
Facilities
11. Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution No. 2009-148 and extending the time for execution of an
agreement with Nexus I.S. for the equipment maintenance of the City?s
telephone system for the Facilities Management Department. (See Attached) (No
Cost to the City) All Wards
MOTION: That said resolution be adopted.
09/21/2009
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Human Resources
12. Establishment of salaries for Police Department Ranges P-1, P-2, P-3 & Law
Enforcement Trainee, effective August 1, 2009. (See Attached) (Cost to the
City - $726,400 from the General Fund and Measure Z Funds)
MOTION: That the salaries for Police Department Ranges P-1 (Police
Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law
Enforcement Trainee be established, effective August 1, 2009;
that Human Resources be authorized to amend Resolution No.
6429 to reflect the above action; and that the Director of Finance
be authorized to amend the FY 2009-2010 budget by increasing
the Police Department General Fund Budget for Charter 186
costs by transferring $639,300 from the General Government
Budget Account No. 001-092-5011 and also make the appropriate
adjustments to the various Police Grants as allowed by the Grants
for the Charter 186 costs.
Parks, Recreation and Community Services
13. Authorize the Director of Finance to amend the Parks, Recreation and
Community Services FY 2009/10 Budget and transfer $25,000 from the Soccer
Complex Landscape Contracts (Account No. 134-462-5506) to the Soccer
Complex Miscellaneous Equipment (Account No. 134-462-5704), and $5,000
from Soccer Complex Salaries/Full time (Account No. 134-462-5011) to the
Soccer Complex Miscellaneous Equipment (Account No. 134-462-5704), and
incorporate these changes into the final 2009/10 budget. (See Attached) (No
Cost to the City) Ward 7
MOTION: That the Director of Finance be authorized to amend the Parks,
Recreation and Community Services FY 2009/10 budget and
transfer $25,000 from Soccer Complex Landscape Contracts
(Account No. 134-462-5506) to the Soccer Complex
Miscellaneous Equipment (Account No. 134-462-5704), and
$5,000 from Soccer Complex Salaries/Full time (Account No.
134-462-5011) to the Soccer Complex Miscellaneous Equipment
(Account No. 134-462-5704).
14. Item deleted.
09/21/2009
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Public Services
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of a purchase order in
the amount of $200,000 with four (4) one-year extensions at the City?s option to
Advanced Sewer Technology for the cleaning and video inspection of sewer
main lines. (See Attached) (Cost to the City - $200,000 from Sewer Line
Maintenance Fund/Professional/Contractual Services) 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 an Agreement and issuance of a Contract Purchase
Order in the amount of $2,544,397 with four (4) one-year extensions at the
City?s option to Matich Corporation for street paving services for mill and
overlay projects. (See Attached) (Cost to the City - $2,544,397 from CIP
Funding) (Resolution not available at time of printing.)Wards 1, 2, 4, 5 & 6
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2009/10 CIP Budget as outlined in
the Staff Report from Acting Director Randy Kuettle, dated
September 15, 2009.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Ad Hoc Committee meeting of
July 30, 2009 ? Committee Members Present: Baxter, Estrada, Shorett
Parks, Recreation & Community Services
17. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying submittal of renewal Local Incentive Award Grant Application and
authorizing the City Manager to execute a standard agreement with the
California Department of Health Services for a Network for Healthy California
(Network) Grant in the amount of $93,805 for a one-year period ? October 1,
2009 through September 30, 2010. (See Attached) All Wards
MOTION: That said resolution be adopted.
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Reviewed by Ways & Means Committee meeting of August 19, 2009 ?
Committee Members Present: Kelley, Baxter
Development Services
18. Request for Refund of Fees ? Lutheran Church of Our Savior. (See Attached)
(Cost to the City - $5,080.62 from Various City Accounts) Ward 7
MOTION: That the Mayor and Common Council approve a fee refund of
$5,080.62.
Reviewed by Ways & Means Committee meeting of August 19, 2009 ?
Committee Members Present: Kelley, Baxter
Development Services
19. Authorization to proceed with site development planning prior to the placement
of a modular unit at Al Guhin Park; and authorizing the Director of Finance to
amend the FY 2009/10 budget by appropriating $300,000 from Fund No. 208
(Verdemont Improvement) to Account No. 208-687-5504-7743 ?PR04-28:
Verdemont Community Center.? (See Attached) (Cost to the City - $300,000
from the Verdemont Improvement Fund No. 208) Ward 5
MOTION: That the Director of Development Services be authorized to
proceed with issuing a Request for Proposals for site development
planning prior to the placement of a modular unit at Al Guhin
Park; and that the Director of Finance be authorized to amend the
FY 2009/10 budget by appropriating $300,000 from Fund No.
208 (Verdemont Improvement) to Account No. 208-687-5504-
7743 ?PR04-28: Verdemont Community Center.?
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:30 P.M.
Development Services
20. Public Hearing - An ordinance amending Chapter 19.22, Sign Regulations, of
the San Bernardino Municipal Code (Development Code) (See Attached) (No
Cost to the City) Ward 3
An ordinance of the City of San Bernardino amending Chapter 19.22, Sign
Regulations, of the San Bernardino Municipal Code (Development Code),
including approval of an electronic message center sign for the Hospitality
Business District. FIRST READING
Mayor to open the hearing?
(Item Continued on Next Page)
09/21/2009
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20. Continued.
MOTION: That the hearing be closed; and that said ordinance be laid over
for final adoption.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM SEPTEMBER 8, 2009
City Manager
21. Resolutions authorizing a Master Cooperative Agreement by and between
Omnitrans, the City of San Bernardino, and the Economic Development Agency
of the City of San Bernardino for the Development of the "E" Street Corridor
sbX Rapid Transit Project. (No Net cost to the City) (See New Staff Report)
(Backup distributed on August 3, 2009, Item No. 8; item continued to
September 8, 2009, Item No. 22.) Wards 1, 2, 3, 5, & 7
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Master
Cooperative Agreement by and among the City of San Bernardino, the
Redevelopment Agency and Omnitrans for the development of the "E"
Street Corridor 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 authorizing the Interim Director of the Redevelopment
Agency to execute a Master Cooperative Agreement by and among the
City of San Bernardino, the Agency and Omnitrans for the Development
of the "E" Street Corridor sbX Bus Rapid Transit Project. (Resolution
not available at time of printing.)
MOTION: That said resolutions A and B, be adopted.
CONTINUED FROM SEPTEMBER 8, 2009
Development Services
22. Resolution of the City of San Bernardino approving an Agreement for Services
with Bureau Veritas North America, Inc. to provide on-call plan review services
for the sbX ?E? Street Corridor Bus Rapid Transit Project. (No Net Cost to
the City - $409,285 EDA Reimbursement) (See Resolution Attached) (Backup
distributed on August 3, 2009, Item No. 11; item continued to September 8,
2009, Item No. 23.) Wards 1, 2, 3, 4, 5 & 7
(Item Continued on Next Page)
09/21/2009
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22. Continued.
MOTION: That said resolution be adopted.
CONTINUED FROM SEPTEMBER 8, 2009
Development Services
23. 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; item continued to
June 15, 2009, Item No. 40; item continued to July 6, 2009, Item No. 51;
item continued to July 20, 2009, Item No. 23; item continued to August 3,
2009, Item No. 30; item continued to August 17, 2009, Item No. 30; item
continued to September 8, 2009, Item No. 24.) (Resolution not available a
time of printing.) Wards 1 & 3
MOTION: That the matter be continued to October 5, 2009.
END OF CONTINUED ITEMS
STAFF REPORTS
24. Item deleted.
Council Office
25. Water Wise Program permit process. (See Attached)
MOTION: That the Mayor and Common Council discuss the Water Wise
Program permit process.
Council Office
26. An Urgency Ordinance and a Non-Urgency Ordinance of the City of San
Bernardino adding San Bernardino Municipal Code Section 19.06.026
(Development Code) prohibiting the establishment and operation of medical
marijuana dispensaries and other similar uses. (See Attached) All Wards
(Item Continued on Next Page)
09/21/2009
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26. Continued.
A. An Urgency Interim Ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Section 19.06.026 (Development Code)
prohibiting the establishment and operation of medical marijuana
dispensaries and other similar uses, declaring the urgency thereof, and
taking effect immediately. URGENCY
B. An Ordinance of the City of San Bernardino adding San Bernardino
Municipal Code Section 19.06.026 (Development Code) prohibiting the
establishment and operation of medical marijuana dispensaries and other
similar uses. FIRST READING
MOTION 1: That said urgency ordinance A, be adopted.
MOTION 2: That the Development Services Department initiate a
Development Code Amendment to add Section 19.06.026
to the Development Code; and that said ordinance B, be
referred to the Planning Commission for a
recommendation.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee meeting on
August 6, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
th
R27. Public Hearing - Relocation Plan and Replacement Housing Plan (5 Street and
Meridian Avenue Project) (See Attached) Ward 6
Resolution of the Community Development Commission of the City of San
Bernardino approving and adopting the Relocation Plan and Replacement
th
Housing Plan for displaced residents and businesses related to the 5 Street and
Meridian Avenue Project.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
09/21/2009
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CONTINUED FROM SEPTEMBER 8, 2009
Recommended for approval at the Redevelopment Committee meeting on
July 23, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R28. 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
Homelessness Prevention and Rapid Re-Housing Program Agreement by and
between the Agency and Inland Temporary Homes for homelessness prevention
services. (Backup distributed on September 8, 2009, Item No. R33.)
All Wards
MOTION: That the matter be continued to October 5, 2009.
Recommended for approval at the Redevelopment Committee meeting on
August 20, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R29. Prepaid postage fees for the California Theatre of the Performing Arts semi-
annual performance brochures (See Attached) All Wards
MOTION: That the Community Development Commission of the City of
San Bernardino authorize and approve the Redevelopment
Agency of the City of San Bernardino (?Agency?) to pay the
amount of $46,410 to the U.S. Postal Service for the brochures
postage fee for Agency advertising of performances at the
California Theatre of the Performing Arts.
Recommended for approval at the Redevelopment Committee meeting on
August 20, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R30. Neighborhood Housing Services of the Inland Empire (?NHSIE?) annual update
of program activities for the Fiscal Year ending June 30, 2009 (See Attached)
All Wards
MOTION: That the Community Development Commission of the City of
San Bernardino receive and file the annual update of program
activities provided by the Neighborhood Housing Services of the
Inland Empire.
Presented and discussed at the Redevelopment Committee meeting on
August 20, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R31. Resolution of the Community Development Commission of the City of San
Bernardino, California, approving a Professional Services Agreement with
Catherine F. Feher and authorizing execution thereof, providing for grant and
program development consultant services on behalf of the Redevelopment
Agency of the City of San Bernardino. (See Attached) Ward 6
MOTION: That said resolution be adopted.
09/21/2009
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Recommended for approval at the Redevelopment Committee meeting on
August 20, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R32. Designating the City of San Bernardino as a Recovery Zone under the American
Recovery and Reinvestment Act of 2009 (See Attached) All Wards
Resolution of the Mayor and Common Council of the City of San Bernardino
designating the City of San Bernardino as a Recovery Zone for purposes of
Sections 1400U-1, 1400U-2 and 1400U-3 of the Internal Revenue Code of 1986.
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting on
August 20, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R33. CMB Infrastructure Investment Group III, L.P. - Loan Agreement for a
$15,000,000 Loan under the EB-5 Program (See Attached) All Wards
Resolution of the Community Development Commission of the City of San
Bernardino authorizing that certain Redevelopment Agency of the City of San
Bernardino Tax Exempt Promissory Note Series 2009 (CMB Infrastructure
Investment Group III, L.P.) in the amount not to exceed $15,000,000,
approving the form of legal documents related thereto and authorizing and
directing preparation, execution and delivery of the final form thereof.
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting on
June 4, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R34. 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
certain Sub-Recipient Agreement by and between the Agency and Affordable
Housing Solutions of San Bernardino and delegating property acquisition
responsibilities in furtherance of the administration and management for the use
of City of San Bernardino Neighborhood Stabilization Program (?NSP?) Funds
in accordance with theHousing and Economic Recovery Act of 2008. (See
Attached) All Wards
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
09/21/2009
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PLANNING ITEMS
TO BE HEARD AT 4:30 P.M.
CONTINUED FROM AUGUST 17, 2009
Development Services
35. 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; item continued to June 15, 2009, Item No. 46; item continued
to July 6, 2009, Item No. 64; item continued to July 20, 2009, Item No. 29;
item continued to August 3, 2009, Item No. 39; item continued to August
17, 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
Recommended
MOTION 1: That the hearing be closed; and that the Mayor and Common
Council grant the appeal and approve Conditional Use Permit No.
08-21 based on the recommended Findings of Fact and subject to
the recommended Conditions of Approval.
OR
Alternative
MOTION 2: That the hearing be closed; and that the Mayor and Common
Council deny the appeal and uphold the Planning Commission?s
denial of Conditional Use Permit No. 08-21 based on the
Findings of Fact as recommended on April 6, 2009.
END OF PLANNING ITEMS
09/21/2009
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36. 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.)
37. 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, October 5, 2009, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
09/21/2009
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NOTICE: Any member of the public may address this meeting of the Mayor and
Common Council/Community Development Commission on any item appearing on
the agenda by approaching the microphone in the Council Chambers when the item
about which the member desires to speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and Common
Council/Community Development Commission concerning any matter not on the
agenda but which is within the subject matter jurisdiction of the Mayor and
Common Council/Community Development Commission, may address the body at
the end of the meeting, during the period reserved for public comments. Said total
period for public comments shall not exceed forty-five (45) minutes, unless such
time limit is extended by the Mayor and Common Council/Community
Development Commission. A three minute limitation shall apply to each member
of the public, unless such time limit is extended by the Mayor and Common
Council/Community Development Commission. No member of the public shall be
permitted to ?share? his/her three minutes with any other member of the public.
The Mayor and Common Council/Community Development Commission may refer
any item raised by the public to staff, or to any commission, board, bureau, or
committee for appropriate action or have the item placed on the next agenda of the
Mayor and Common Council/Community Development Commission. However, no
other action shall be taken nor discussion held by the Mayor and Common
Council/Community Development Commission on any item which does not appear
on the agenda unless the action is otherwise authorized in accordance with the
provisions of subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public
hearing has been conducted and closed.
09/21/2009
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