HomeMy WebLinkAbout12-04-2006 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
Neil Derry
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 4, 2006 – 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 page 13.)
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
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.
112/04/2006
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):
Ford Wholesale v. City of San Bernardino, et al. – San Bernardino
Superior Court Case No. SCVSS 124378;
Michael Desrochers v. City of San Bernardino, et al. – San Bernardino
Superior Court Case No. SCVSS 139150.
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.
C. Conference with legal counsel – anticipated litigation – initiation of
litigation – pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session – personnel – pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public’s right of access to
public services or public facilities – pursuant to Government Code
Section 54957.
F.Conference with labor negotiator – pursuant to Government Code
Section 54957.6.
(Item Continued on Next Page)
212/04/2006
1. Continued.
G. Conference with real property negotiator – pursuant to Government Code
Section 54956.8.
IVDA Redevelopment Project Area (North Arden Guthrie Neighborhood)
1. Properties and Negotiating Parties:
Ramon and Maria G. Hernandez - 2140 N. Arden Avenue (APN: 1191-
021-43); Jose Quintanilla - 2104 N. Arden Avenue (APN: 1191-021-
41); Luu Quang Phuoc - 2094 N. Arden Avenue (APN: 1191-021-40);
Humberto Velasquez and Delmy A. Ayala - 2072 N. Arden Avenue
(APN: 1191-021-39); Larry Sr. and Andrea Estrada - 2050 N. Arden
Avenue (APN: 1191-021-38); Aaron L. Edwards - 2028 and 2004 N.
Arden Avenue (APN: 1191-041-26 and 25); Robert A. Moreno - 2123
and 2140 N. Dumbarton Avenue (APN: 1191-021-47 and 57); Mike
Hong Ngan - 2005 N. Dumbarton Avenue (APN: 1191-041-28); Gloria
Leynes - 2159 N. Dumbarton Avenue (APN: 1191-021-45); Daniel
Garcia – 2176 N. Dumbarton Avenue (APN: 1191-021-59); Don
Friedman - 2122 N. Dumbarton Avenue (APN: 1191-021-56); Sabraj
Nijjar - 2123 and 2141 N. McKinley Avenue (APN: 1191-021-65 and
64); Miguel Flores - 2005 N. McKinley Avenue (APN: 1191-041-32);
Sonia Ortiz - 2195 N. McKinley Avenue (APN: 1191-021-61);
Fairbanks Capital – 2176 N. McKinley Avenue (APN: 1191-021-30);
Fidelity National Title Insurance/Ince Co. - 2105 McKinley Avenue
(APN: 1191-021-66); Alfonso A. and Teresa E. Hernandez - 2004 N.
McKinley Avenue (APN: 1191-041-22); Silverio and Virginia Vizcaino
- 2195 N. Newcomb Street (APN: 1191-021-28); Enrique and Maria
Cachua - 2051 N. Newcomb Street (APN: 1191-021-20); Phuong Doan
- 2005 N. Newcomb Street (APN: 1191-041-19); and Clayton &
Virginia Kautzman - 2194 N. Newcomb Street (APN: 1191-021-11), as
property owners and Maggie Pacheco, Executive Director, on behalf of
the Redevelopment Agency, as buyer
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
312/04/2006
RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
Swearing-In Ceremony – 3:00 p.m.
Swearing-in ceremony for newly-elected Council Member Tobin Brinker will
begin at 3:00 p.m., in the Council Chambers, followed by a brief reception in
the lobby of City Hall.
2. Appointments.
3. Presentations.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its normal
sequence on the agenda. Information concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
21, 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.
412/04/2006
6. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated November 28, 2006,
from Barbara Pachon, Director of Finance, be approved.
7. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated November 28, 2006 in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino, be approved and ratified.
City Attorney
8. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the hiring of Arias & Lockwood to represent the City regarding the
case entitled Timothy Weisenberger, et al. v. City of San Bernardino, et al., San
Bernardino Superior Court Case No. SCVSS 134901. (Document and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
City Clerk
9. Resolution of the Mayor and Common Council of the City of San Bernardino,
California, reciting the facts of the Special Municipal Election and Advisory
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Election held on the 7 day of November 2006, declaring the results thereof
and setting forth such other matters as are provided by law. (Document and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution 96-188 for business registration and permit fees.
(Document and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
512/04/2006
Development Services
11. Resolution of the City of San Bernardino authorizing the Mayor to execute
Agreements for Services with the firms of Ninyo & Moore, Hilltop
Geotechnical, Inc., and AMEC Earth & Environmental, Inc. for geotechnical
investigations and construction material testing. (See Attached) (Cost to the
City -- $150,000 from various Capital Improvement Plan projects.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Parcel Map for Parcel Map No. 17003, located on the west
side of Tippecanoe Avenue 750 feet north of Central Avenue in the IL,
Industrial Light land use district, accepting the public dedications as set forth on
said Map, and authorizing execution of the Standard Form of Agreement for the
improvements in said subdivision, with time for performance specified. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
13. Resolution of the City of San Bernardino establishing fair market value and
minimum sale price for a certain City Water Department owned parcel of real
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property generally located northwesterly of Bonita Vista Drive, south of 40
Street and west of Del Rosa Avenue, and setting a public hearing to consider
said sale. (See Attached) (No cost to the City.) Ward 4
MOTION: That the Director of Development Services be authorized to
proceed with the sale of City Water Department property located
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northwesterly of Bonita Vista Drive, south of 40 Street and west
of Del Rosa Avenue; and that said resolution be adopted.
14. Resolution of the City of San Bernardino ordering the summary street vacation
of Rollins Way north of Norman Road and east of Foisy Street. (See Attached)
(No cost to the City -- $600 summary vacation processing fee paid by
applicant.) Ward 1
MOTION: That Plan No. 11924 showing the proposed vacation Rollins
Way, north of Norman Road and east of Foisy Street, be
approved; and that said resolution be adopted.
612/04/2006
15. Resolution of the City of San Bernardino authorizing and directing the execution
of an easement to the City of Colton for groundwater well construction and
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monitoring purposes across City owned property located at 2737 W. 2 Street
(Nicholson Park). (See Attached) (No cost to the City.) (Resolution not
available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
16. Item deleted.
Parks, Recreation & Community Services
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute Amendment No. 6 to the Agreement with the
San Bernardino City Unified School District to provide contractual services for
seventeen (17) CAPS before & after-school recreation programs at school
district sites for the period July 1, 2006 through June 30, 2007 and ratifying all
action taken between July 1, 2006 and the approval of the resolution. (See
Attached) (Cost to the City -- $6,792 from the Federal and State Programs
Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Police
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Chief of Police to execute a Participating Agency Hold Harmless
Agreement and Agency Participation Agreement with the State of California
Department of Corrections. (See Attached) (No cost to the City.) (Resolution
not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Public Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City to enter into a Memorandum of Understanding with the
Energy Coalition, Southern California Edison Company, and Southern
California Gas Company to implement the Community Energy Partnership in
the City. (See Attached) (No cost to the City.) (Resolution not available at
time of printing.) All Wards
712/04/2006
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to an Annual Purchase Order No. 207326 to the San
Bernardino Waste System Division for street sweeper dumping. (See Attached)
(Cost to the City -- $65,000 from the Refuse Fund.) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Water
21. A Resolution of the Mayor and Common Council of the City of San Bernardino
approving a Quitclaim Deed to CalMat Co., a Delaware Corporation, vacating a
water utility easement to the owner of record to clear the title of the property.
(See Attached) (No cost to the City.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
22. Item deleted.
COMMITTEE CONSENT
Recommended for approval at the Ways and Means Committee on
November 22, 2006 – Committee Members Present: Estrada, Johnson and
Derry
23. Set a public hearing for January 8, 2007 to consider adjusting the current storm
drain development impact fees. (See Attached)
MOTION: That the Mayor and Common Council set a public hearing for
4:30 p.m. on Monday, January 8, 2007, to consider adjustment
of the storm drain development impact fees.
24. Receive and file the 2005/2006 Year End Report. (See Attached)
812/04/2006
MOTION: That the Mayor and Common Council receive and file the FY
2005/2006 Year End Report.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing vehicle reimbursement allowance for various City employees, and
repealing Resolution 89-15. (See Attached) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Personnel Committee meeting on
November 27, 2006 – Committee Members Present: Estrada, Baxter &
McCammack
26. Establish the position of Administrative Analyst I and delete the position of
Draftsperson in the Development Services Department, Public
Works/Engineering Division. (Document not available at time of printing.)
MOTION #1: That the Mayor and Common Council establish the position of
Administrative Analyst I, Range 4442, $4,024-$4,892 per month;
and
MOTION #2: That the Mayor and Common Council delete the position of
Draftsperson, Range 1380, $2,954-$3,591 per month; and
MOTION #3: That the Human Resources Department be authorized to update
Resolution Nos. 6413 and 97-244.
27. Salary Adjustments for the Workers’ Compensation Adjusters, Risk
Management Specialist, Risk Manager, Workers’ Compensation Manager and
Human Resources Supervisor in the Human Resources Department. (Document
not available at time of printing.)
MOTION #1: That the Mayor and Common Council adjust the salary for two
(2) Workers’ Compensation Adjusters from Range 1449, $4,167-
$5,065 to Range 1469, $4,604-$5,597 per month; and
MOTION #2: That the Mayor and Common Council adjust the salary for one
(1) Risk Management Specialist from Range 1449, $4,167-$5,065
to Range 1485, $4,987-$6,062 per month;
912/04/2006
MOTION #3: That the Mayor and Common Council adjust the salary for one
(1) Risk Manager from Range 4504, $5,483-$6,664 to Range
4523, $6,028-$7,327 per month; and
(Item Continued on Next Page)
27. Continued.
MOTION #4: That the Mayor and Common Council adjust the salary for one
(1) Workers’ Compensation Manager from Range 4504, $5,483-
$6,664 to Range 4523, $6,028-$7,327 per month; and
MOTION #5: That the Mayor and Common Council adjust the salary for one
(1) Human Resources Supervisor from Range 4489, $5,087-
$6,184 to Range 4523, $6,028-$7,327 per month; and
MOTION #6: That the Human Resources Department be authorized to update
Resolution Nos. 6413 and 97-244.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 4:00 P.M.
28. Public hearing – resolution ordering work - Ohio Avenue and Chestnut Avenue
Area Landscape Maintenance Assessment District No. 1049 – Tract No. 14881.
(See Attached) (No cost to the City -- $4,000 processing fee paid by
applicant.) Ward 5
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots submitted in favor of the assessment
exceed the ballots submitted in opposition to the assessment and that the public
convenience and necessity require the maintenance of landscaping in the Ohio
Avenue and Chestnut Avenue Area, approving the Final Engineer’s Report,
creating an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1049, ordering the work, confirming the 2007-2008
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor to open the hearing . . .
10 12/04/2006
MOTION: That the hearing be closed; and that said resolution be adopted.
(4/5th vote required)
TO BE HEARD AT 4:00 P.M.
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29. Public hearing – resolution ordering work – 6 Street and Sterling Avenue Area
Landscape Maintenance Assessment District No. 1053 – Tract No. 17372. (See
Attached) (No cost to the City -- $4,000 processing fee paid by applicant.)
Ward 1
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots submitted in favor of the assessment
exceed the ballots submitted in opposition to the assessment and that the public
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convenience and necessity require the maintenance of landscaping in the 6
Street and Sterling Avenue Area, approving the Final Engineer’s Report,
creating an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1053, ordering the work, confirming the 2007-2008
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
(4/5th vote required)
TO BE HEARD AT 4:00 P.M.
30. Public hearing – resolution ordering work – Campus Parkway and Valles Drive
Area Landscape Maintenance Assessment District No. 1054 – Tract No. 17699.
(See Attached) (No cost to the City -- $4,000 processing fee paid by
applicant.) Ward 5
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots submitted in favor of the assessment
exceed the ballots submitted in opposition to the assessment and that the public
convenience and necessity require the maintenance of landscaping in the
Campus Parkway and Valles Drive Area, approving the Final Engineer’s
Report, creating an assessment district to cover the costs of said maintenance,
known as Assessment District No. 1054, ordering the work, confirming the
11 12/04/2006
2007-2008 Assessment Roll, and determining that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 shall not apply.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
(4/5th vote required)
TO BE HEARD AT 4:30 P.M.
31. Public hearing – resolution ordering the vacation of a portion of “I” Street,
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northerly of 13 Street and a portion of 13 Street, westerly of “I” Street. (See
Attached) (No cost to the City - $1,200 processing fee paid by applicant.)
Ward 1
Resolution of the City of San Bernardino ordering the vacation of a portion of
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“I” Street, northerly of 13 Street & a portion of 13 Street, westerly of “I”
Street (Plan No. 11813) and reserving public utility easements therein.
Mayor to open the hearing . . .
MOTION: That the public hearing be closed; and the Findings of Fact, as set
forth in the staff report from the Director of Development
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Services, as to why a portion of “I” Street, northerly of 13
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Street and a portion of 13 Street, westerly of “I” Street is no
longer necessary for public street purposes, be adopted; and that
said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
Police
CONTINUED FROM NOVEMBER 20, 2006
32. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain Police Department records, documents and
papers pursuant to Section 34090 and 34090.6 of the Government Code of the
State of California. (No Cost to the City) (Backup material was distributed
on November 20, 2006, Item No. 15.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Public Services
CONTINUED FROM NOVEMBER 20, 2006
12 12/04/2006
33. Resolution of the Mayor and Common Council of the City of San Bernardino
rejecting the lowest bid as non-responsive and awarding bid to the next lowest
responsive bidder NPG Corporation for miscellaneous street repairs as detailed
in Bid Specification No. RFQ F-07-14 and authorizing the execution of an
agreement and purchase order between the City of San Bernardino and NPG
Corporation. (New Staff Report Attached) (Backup material distributed on
November 6, 2006, Item No. 35; item was continued on November 20, 2006,
Item No. 24.)
(Item Continued on Next Page)
33. Continued.
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
TO BE HEARD AT 5:30
34. Joint workshop with the Mayor and Common Council and the Planning
Commission related to the Redlands Passenger Rail Station Area Plans – EDA
Boardroom. (See Attached)
Resolution of the City of San Bernardino, approving in concept, the Redlands
Passenger Rail Station Area Plans Report. (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted; and that staff be directed to
explore options for implementing the Redlands Passenger Rail
Station Area Plans Report.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee on November
16, 2006 – Committee Members present: Johnson and Baxter
R35. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to execute
Amendment No. 1 to the Redevelopment Project Study Agreement with ICO
Fund V, LLC – Central City North Redevelopment Project Area. (See
Attached) Ward 1
13 12/04/2006
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING
TO BE HEARD AT 4:30 P.M.
36. Hearing - Appeal No. 06-15 – Appeal of Planning Commission approval of
Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to
request elimination of a mitigation measure requiring a fair-share contribution to
the long-term operation and maintenance of the Verdemont Fire Station –
project site is located on the south side of Industrial Parkway between Cable
Creek and Devil Creek in the IH, Industrial Heavy land use district. (See
Attached)
Owner/Applicant: Victor Dipietro
Vic Vin Enterprises, LLC
16400 Southcenter Parkway No. 308
Seattle, WA 98188
Appellant: Barry A. Ross
Attorney at Law
7700 Irvine Center Drive, Ste. 710
Irvine, CA 92618-2929
Request/Location: The approval by the Planning Commission authorized the
subdivision of approximately 10.33 acres into two parcels and construction of
two industrial buildings of approximately 49,616 square feet and approximately
138,078 square feet. The project site is located on the south side of Industrial
Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land
use district.
Mayor to open the hearing . . .
MOTION: That the matter be continued to January 22, 2007.
END OF PLANNING ITEMS
14 12/04/2006
37. 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.)
38. 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 18, 2006, 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
15 12/04/2006
item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section
54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public
hearing has been conducted and closed.
16 12/04/2006