HomeMy WebLinkAbout12-07-2009 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, DECEMBER 7, 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
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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: ___________________________________________
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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 of San Bernardino, et al. - United States District
Court Case No. CV08-8571PSG(MANx);
Batey, Jane, et al. v. City of San Bernardino, et al. - San Bernardino
County Superior Court Case No. SCVSS 141503;
In the Matter of the Industrial Disability Retirement Application of
Garrett Zimmon and City of San Bernardino. OAH Case Number
2007080890.
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)
One Case
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:
Public Employee Discipline/Dismissal/Release
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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:
Management/Confidential
Mid-Management
General Unit
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Evlyn Wilcox ? Community Development Citizens Advisory Committee ?
Council Member McCammack (See Attached)
MOTION: That the appointment of Evlyn Wilcox to the Community
Development Citizens Advisory Committee, as requested by
Council Member McCammack, be approved.
3. Presentations.
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
23 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: November 2, 2009 (Distributed 11/30/09)
November 16, 2009 (Distributed 11/30/09)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated November 17, 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 December 1, 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 Clerk
9. Approve Local Appointments List per Maddy Act (See Attached)
MOTION: That the Mayor and Common Council approve the Local
Appointments List of all regular and ongoing boards,
commissions, and committees and direct the City Clerk to send a
copy of the List to the Feldheym Library for posting pursuant to
Government Code Section 54973.
10. Resolution of the Mayor and Common Council of the City of San Bernardino,
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California, reciting the facts of the Primary Municipal Election held on the 3
day of November 2009, declaring the results thereof and setting forth such other
matters as are allowed by law. (See Attached) (No Cost to the City)
All Wards
MOTION: That said resolution be adopted.
City Manager
11. Resolutions authorizing the execution of Mills Act Preservation Agreements.
(See Attached) (No Cost to the City ? Nominal loss of property tax revenue)
Wards 4 & 7
(Item Continued on Next Page)
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11. Continued.
A. Resolution authorizing the execution of a Mills Act Preservation
Agreement with Stephen T. and Denise Dawson.
B. Resolution authorizing the execution of a Mills Act Preservation
Agreement with Steven and Suzanne Earp.
MOTION: That said resolutions A and B, be adopted.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the execution of an agreement with William Holt for Hearing Officer
and/or Administrative Law Officer Services retroactive to December 1, 2009.
(See Attached) (Estimated Cost to the City $100,000 from Non-departmental
? professional/contractual services) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
Development Services
13. Authorize the Director of Development Services to execute Contract Change
Order No. One with A.K. Engineering for Traffic Signal Modification at
Waterman Avenue and Parkdale Drive (TC05-07), per Project Plan No. 11628.
(See Attached) (Cost to the City - $9,372.75 from Prop 1B Fund)
Wards 4 & 7
MOTION: That the Director of Development Services be authorized to
execute Contract Changes Order No. One with A.K. Engineering
for Traffic Signal Modification at Waterman Avenue and
Parkdale Drive (TC05-07), per Project Pan No. 11628.
14. Resolution of the City of San Bernardino authorizing and directing execution of
a license and agreement with BNSF Railway Company for encroachment within
that certain north-south alley, known as Walker Place, west of ?J? Street,
between West Rialto Avenue and West 2nd Street in the City of San Bernardino,
for installation and operation of a groundwater monitoring well. (See Attached)
(No Cost to the City) Ward 1
MOTION: That said resolution be adopted.
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15. An Ordinance of the City of San Bernardino adding Chapter 17.07 to the
Municipal Code as the City of San Bernardino Water Efficient Landscape
Ordinance. (See Attached) FIRST READING (Cost to the City ?
Undetermined) (Ordinance not available at time of printing.) All Wards
MOTION: That the proposed Ordinance be referred to the Legislative
Review Committee for review and recommendation.
Fire
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of agreements and issuance of purchase orders with
Masters and Associates/Westnet, Inc. and Tiburon for the purchase and
interface of a fire station alerting system; and award a bid for lease purchase
financing to Bank of America for the purchase of a fire station alerting system.
(See Attached) (Cost to the City - $527,489.89 from the Fire Equipment
Acquisition Fund) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
17. 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 to
Mallory Fire in the amount of $31,600 for the New Generation Fire Shelters
and rescinding Resolution 2009-293. (See Attached) (Cost to the City - $31,600
from Federal and State Program 2008 Assistance to Firefighters Grant)
All Wards
MOTION: That said resolution be adopted.
Human Resources
18. 2009 and 2010 Holiday Closure Days (See Attached)
MOTION: That the Mayor and Common Council authorize the closure of
City Hall for the Christmas Eve/Christmas Day on Wednesday,
December 23, 2009 and Thursday, December 24, 2009; and New
Year?s Eve/New Year?s Day on Wednesday, December 30, 2009
and Thursday, December 31, 2009.
Parks, Recreation and Community Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain records no longer required to be maintained
by the San Bernardino Parks, Recreation and Community Services Department.
(See Attached) (No Cost to the City) (Resolution not available at time of
printing.)
(Item Continued on Next Page)
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19. Continued.
MOTION: That the matter be continued to December 21, 2009.
Police
20. Resolution by the Mayor and Common Council to execute Amendment No. 2 to
the agreement with the Redlands Unified School District to equally share the
cost of crossing guard service at Victoria Elementary School. (See Attached)
(Cost to the City - $5,150 net cost) Ward 3
MOTION: That said resolution be adopted.
21. Resolution of the City of San Bernardino authorizing the City Manager of San
Bernardino to execute Amendment No. 5 to the Services Agreement with the
San Bernardino City Unified School District for the operation of the School
Crossing Guard Program by the Police Department. (See Attached) (Cost to the
City -- $208,100 net cost) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
Public Services
22. 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 $369,000 with four (4) one-year extensions at the City?s option to
Rehrig Pacific Company for the purchase of automated carts for residential
refuse services. (See Attached) (Cost to the City - $369,000 from the Refuse
Fund) All Wards
MOTION: That the Director of Finance be authorized to amend the FY
2009/10 budget and transfer $156,000 from Account No. 527-
412-5179 (Dump/Waste Fees) to Account No. 527-412-5112
(Small Tools and Equipment); and that said resolution be
adopted.
23. 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 $62,181.60 to Ironman Parts & Services of Corona pursuant to
Section 3.04.010-B3 of the Municipal Code, for the purchase and installation of
four (4) diesel particulate filters to be installed on four (4) street division trucks,
per the California Air Resources Board (CARB) regulations. (See Attached)
(Cost to the City - $62,181.60 from the Fleet Services/Outside Vehicle
Maintenance Fund) All Wards
(Item Continued on Next Page)
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23. Continued.
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Ad Hoc Committee meeting of
December 1, 2009 ? Committee Members Present: Estrada, Johnson
Parks, Recreation and Community Services
24. Resolution of the City of San Bernardino ratifying the submittal of a grant letter
of interest to Kaiser Permanente for funding in the amount of $25,000 to
augment the Parks, Recreation and Community Services Department swim
program for the 2010 summer season. (See Attached) (No Cost to the City -
$25,000 from Grant Revenues) Ward 1
MOTION: That said resolution be adopted.
Recommended for approval at the Grants Ad Hoc Committee meeting of
December 1, 2009 ? Committee Members Present: Estrada, Johnson
Fire
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the San Bernardino City Fire Department to apply for and
administer the FY 2009 Staffing for Adequate Fire and Emergency Response
(S.A.F.E.R.) grant submitted to the Department of Homeland Security
Federal Emergency Management Agency. (See Attached) (Cost to the City -
$2,769,602 from the FEMA?s Grant Funding over a 2-year period. And
$283,557 overtime costs as City Share) All Wards
MOTION: That said resolution be adopted.
Recommended for approval by Ways & Means Committee meeting of
November 18, 2009 ? Committee Members Present: Kelley, Brinker,
Johnson
City Manager
26. Request for waiver of fees ? YMCA Children?s Christmas Parade ? December
5, 2009 (See Attached) Ward 1
(Item Continued on Next Page)
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26. Continued.
MOTION: That the request for a waiver of fees in the amount of $8,912.54
for department personnel and equipment costs associated with the
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32 Annual YMCA Children?s Christmas Parade scheduled for
December 5, 2009 be approved; and that $8,912.54 be
transferred from the Civic and Promotion Fund into the various
City departmental accounts as listed in the staff report from the
City Manager to recover their costs incurred in assisting with the
parade.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Police
27. Public Hearing - Resolution regarding the allocation of Citizens? Option for
Public Safety (COPS Option) monies. (See Attached) (Cost to the City -
$498,141; $316,778 from Citizens? Option Grant and $181,363 from the
General Fund) All Wards
Resolution of the City of San Bernardino authorizing the obligation and
expenditure of the allocated Citizens Option for Public Safety (COPS Option)
monies for FY 09/10 to supplement front-line law enforcement support services.
Mayor to open the hearing?
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM JULY 6, 2009
Development Services
28. Norton Space and Aeronautics Academy ? Reimbursement Agreement for
waiver/reimbursement of fees. (Backup material distributed on June 2, 2008,
Item No. 15; item continued to August 4, 2008, Item No. 38; New Request
for Council Action distributed on December 1, 2008, Item No. 21; item
continued to March 16, 2009, Item No. 25; item continued to July 6, 2009,
Item No. 50.) Ward 1
MOTION: That the matter be continued to February 15, 2010.
END OF CONTINUED ITEMS
12/07/2009
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STAFF REPORTS
Development Services
29. Resolution of the City of San Bernardino amending the boundaries of the Second
Ward and the Fourth Ward to include certain areas annexed within City of San
Bernardino Annexation No. 360, Arrowhead Springs area, and Annexation No.
361, portions of various islands generally lying north of Pacific Street, east of
Valencia Avenue, south of Piedmont Drive and west of Victoria Avenue. (See
Attached) (No Cost to the City) Wards 2 & 4
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee meeting on
November 5, 2009 - Committee Members Present: Johnson, Baxter
R30. Public Hearing - The Five-Year Implementation Plan (2009-2010 through 2013-
2014) and Ten-Year Housing Compliance Plan (2009-2010 through 2018-2019)
for the Agency?s 14 Redevelopment Project Areas (All Project Areas) (See
Attached) All Wards
(Community Development Commission)
A. Resolution of the Community Development Commission of the City of
San Bernardino adopting the Redevelopment Agency of the City of San
Bernardino (?Agency?) 5-Year Implementation Plan 2009-2010 through
2013-2014 and 10-Year Housing Compliance Plan 2009-2010 through
2018-2019 for the Agency?s Redevelopment Project Areas except for the
Uptown Redevelopment Project Area and including the Inland Valley
Development Agency (?IVDA?) Redevelopment Project Area (Low-
Moderate Income Housing Component).
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino adopting the Redevelopment Agency of the City of San
Bernardino (?Agency?) 5-Year Implementation Plan 2009-2010 through
2013-2014 and 10-Year Housing Compliance Plan 2009-2010 through
2018-2019 for the Agency?s Uptown Redevelopment Project Area.
(Item Continued on Next Page)
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R30. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said Resolutions A and
B, be adopted.
TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee meeting on
October 8, 2009 - Committee Members Present: Johnson, Baxter
R31. Public Hearing - Affordable Housing Solutions of San Bernardino (?AHS?) -
Amendment to the 2009-2010 City of San Bernardino Annual Action Plan
authorizing the use of HOME Funds by AHS (Staff Report not available at
time of printing.) All Wards
(Community Development Commission)
Resolution of the Community Development Commission of the City of San
Bernardino approving an amendment to the City?s 2009-2010 Annual Action
Plan and authorizing the use of HOME Investment Partnership Funds by
Affordable Housing Solutions of San Bernardino for the purpose of mitigating
residential foreclosures and related blighting influences. (Resolution not
available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the matter be continued to
December 21, 2009.
Recommended for approval at the Redevelopment Committee meeting on
November 5, 2009 - Committee Members Present: Johnson, Baxter
R32. Neighborhood Housing Services of the Inland Empire (?NHSIE?) Quarterly
Update of Program Activities (See Attached) All Wards
MOTION: That the Redevelopment Committee recommend to the
Community Development Commission to receive and file the
Quarterly Update of NHSIE program activities.
Recommended for approval at the Redevelopment Committee meeting on
November 5, 2009 - Committee Members Present: Johnson, Baxter
R33. California Theatre of the Performing Arts - Approval of Funding for additional
National Touring Performances (2009-2010 Theatre Season) (See Attached)
Ward 1
(Item Continued on Next Page)
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R33. Continued.
(Community Development Commission)
Resolution of the Community Development Commission of the City of San
Bernardino approving the funding of certain expenses in furtherance of the
California Theatre of the Performing Arts and authorizing the expenditure of
funds from various redevelopment project areas.
MOTION: That said Resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING ITEMS
TO BE HEARD AT 4:30 P.M.
Development Services
34. Appeal Hearing ? Appeal of the Planning Commission?s approval of Tentative
Tract Map (TTM) No. 16794 and Variance No. 09-02. The project is a 44-lot
single family residential subdivision on 18.45 acres, with a variance to permit a
retaining wall up to 26 feet in height on the west side of Palm Avenue, 200 feet
north of Verdemont Drive in the RL, Residential Low land use district. (Appeal
No. 09-02) (See Attached) (No Cost to the City) Ward 5
Applicant: Eric Borstein
Borstein Enterprises
12301 Wilshire Blvd., Ste. 302
Los Angeles, CA 90025
Appellant: Richard Hernandez
6941 N. Melvin Avenue
San Bernardino, CA 92407
Mayor to open the hearing?
MOTION 1: That the hearing be closed; and that the Mayor and Common
Council deny the appeal and uphold the Planning Commission?s
approval of Tentative Tract Map No. 16794 and Variance No.
09-02 based on the Findings of Fact in the Planning Commission
staff report.
OR
Alternative
MOTION 2: That the hearing be closed; and that the Mayor and Common
Council grant the appeal and continue the item to the next
Council meeting to adopt Findings of Fact for denial of Tentative
Tract Map No. 16794 and Variance No. 09-02.
END OF PLANNING ITEMS
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35. 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.)
36. 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, December 21, 2009, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
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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.
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