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Home My WebLink About01-08-2007 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, JANUARY 8, 2007 – 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. 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. 01/08/2007 1 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): Susan Coker v. City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 131821; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. – United States District Court Case No. EDCV 06-1408 VAP (JCRx); Mary Louise Vargas, et al. v. City of San Bernardino, et al. – United States District Court Case No. EDCV06-01402 VAP (JCRx); Eric Davis v. City of San Bernardino WCAB No. POM0283015 WCAB No. POM0287586 WCAB No. POM0287587 WCAB No. POM0287588 Rosario Nunez v. City of San Bernardino WCAB No. RIV0055319 WCAB No. RIV0055946 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 01/08/2007 2 public services or public facilities – pursuant to Government Code Section 54957. 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 01/08/2007 3 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Parks & Recreation Commission – Keith Jordan – Council Member Kelley. (See Attached) MOTION: That the appointment of Keith Jordan to the Parks & Recreation Commission, as requested by Council Member Kelley, be approved. 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 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. 01/08/2007 4 6. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated December 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 January 3, 2007 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's Office 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Attorney to execute a three-year contract with West Group to provide library and legal research materials to the City Attorney’s Office and to authorize the execution of a Purchase Order for the above referenced three- year contract. (See Attached) (Cost to the City -- $139,192 from the General Fund for the three-year contract.) MOTION: That said resolution be adopted. Development Services 9. Authorize the Director of Development Services to execute Contract Change Order No. One to the contract with Oak Engineering, Inc. for traffic signal thth improvements at 5 Street and “F” Street (TC04-16); 30 Street and “E” Street (TC04-17); Highland Avenue and “E” Street (TC04-21), per Project Plan No. 11176. (See Attached) (Cost to the City -- $32,900 from the Traffic Systems Fee Fund and HHES Grant.) Wards 1,2&7 MOTION: That the matter be continued January 22, 2007. 10. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Environmental Project Services, Inc. for cul-de-sac street improvements on Loop Street from Stoddard Avenue to “D” Street (SS-C 2006/07), per Project Plan No. 11643. (See Attached) (Cost to the City -- $64,000 from the ½ Cent Sales Tax Fund.) Ward 7 MOTION: That said resolution be adopted. 01/08/2007 5 11. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Oak Engineering, Inc., for installation of traffic signal and street improvements at Mill Street and Macy Street, per Project Plan No. 10486. (See Attached) (Cost to the City -- $360,000 from the Traffic Systems Construction Fund.) Ward 3 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Matich Corporation for pavement rehabilitation on Date Place from Del Rosa Drive to City Limits (SS06-47) and “G” Street from Baseline Street to Highland Avenue (SS06-48), per Project Plan No. 11796/11806, and authorization for the Director of Finance to amend the FY 2006/07 budget. (See Attached) (Cost to the City -- $1,400,000 from the California Infrastructure and Economic Development Bank Loan Capital Projects Fund.) (Resolution not available at time of printing.) Wards 1,2&7 MOTION #1: That the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $461,300 from Account No. 240- th 379-5504-7620 (SS06-45) “5 Street Pavement Rehabilitation” to Account No. 240-379-5504-7622 (SS06-47) “Date Place Pavement Rehabilitation,” and MOTION #2:That the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $287,900 from Account No. 240- th 379-5504-7616 (SS06-37) “4 Street Pavement Rehabilitation th from Mt. Vernon Avenue to 5 Street” to Account No. 240-379- 5504-7623 (SS06-48) “G” Street Pavement Rehabilitation,” and MOTION #3:That said resolution be adopted. 13. Resolution of the City of San Bernardino approving Amendment No. 2 to Services Agreement with Myra L. Frank/Jones and Stokes for provision of Professional Environmental Services for the design of the Mt. Vernon Avenue viaduct over the BNSF Railroad. (See Attached) (Cost to the City -- $20,000 from the Street Construction Fund.) (Resolution not available at time of printing.) Wards 1&3 MOTION: That said resolution be adopted. 01/08/2007 6 14. Appropriate funds for CIP projects SS07-16, SS07-27, SS07-28, SS07-29, and TC04-48. (Document not available at time of printing.) MOTION: That the Director of Finance be authorized to amend the FY 2006-2007 budget to appropriate $430,000 of AB 2928 Traffic Congestion funds for projects SS07-16, SS07-27, and SS07-28; appropriate a total of $300,000 for project SS07-29 with $250,000 to be a reimbursement from EDA and $50,000 to be transferred from SS-C (129-367-5504-7156); and appropriate $50,000 in the Traffic System Construction Fund for project TC04-48 with $45,000 being a reimbursement from a HES grant and $5,000 from Traffic System Construction Funds. 15. Authorize execution of Contract Change Order No. One to the Contract with nd Matich Corporation for pavement rehabilitation at eleven locations – 2 Street (SS 06-07), Del Rosa Avenue (SS 06-19), “H” Street (SS 06-21), University th Parkway (SS 06-32), Sierra Way (SS 06-50), “H” Street (SS 06-52), 16 Street (SS 06-53) & (SS 06-54), Mill Street (SS 06-57), “D” Street (SS 06-70), Mt. Vernon Avenue (SS 06-77), per Project Plan No. 11735, and authorize the Director of Finance to amend the FY 2006/07 budget. (See Attached) (Cost to the City -- $186,000 from the California Infrastructure and Economic Development Bank Loan Capital Projects Fund.) All Wards MOTION #1: That the Director of Development Services be authorized to execute Change Order No. One in the amount of $169,110.00 to contract with Matich Corporation for Pavement Rehabilitation at nd Eleven Locations – 2 Street (SS 06-07), Del Rosa Avenue (SS 06-19), “H” Street (SS 06-21), University Parkway (SS 06-32), th Sierra Way (SS 06-50), “H” Street (SS 06-52), 16 Street (SS 06- 53) & (SS 06-54), Mill Street (SS 06-57), “D” Street (SS 06-70), Mt. Vernon Avenue (SS 06-77), per Project Plan No. 11735; and MOTION #2: That the Director of Finance be authorized to amend the FY 2006/07 budget as indicated in the spreadsheet attached to the staff report dated December 12, 2006, from Valerie C. Ross, Director of Development Services, marked Attachment “1”. 01/08/2007 7 16. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 2119 W. Blake Street. (See Attached) (No cost to the City -- $1,000 processing fee paid by applicant.) (Resolution th not available at time of printing.) Surrounded by 6 Ward MOTION #1: That the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 2119 W. Blake Street; and MOTION #2: That said resolution be adopted. 17. Resolution of the City of San Bernardino declaring its intention to order the vacation of an east-west alley, north of Walnut Street and east of Artesian Street. (See Attached) (No cost to the City -- $1,200 processing fee paid by applicant.) Ward 1 MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with Greystone Homes II, LLC for Tentative Tract No. 14881, generally located on the northwest corner of Ohio Avenue and Chestnut Avenue, relative to the Verdemont Fire Station impact mitigation fees. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 19. Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with Pine Trails Partners, LLC for Tentative Tract No. 17716, generally located easterly of Pine Avenue, between Ohio Avenue and Belmont Avenue, relative to the Verdemont Fire Station impact mitigation fees. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 01/08/2007 8 MOTION: That said resolution be adopted. 20. Resolution of the City of San Bernardino authorizing and directing the execution of Funding and Mitigation Agreement with McShane Shenandoah Industrial, LLC, for that certain real property generally located on the westerly side of Shenandoah Way, southerly of Hallmark Parkway, relative to Verdemont Fire Station Impact Mitigation Fees. (Document and Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. LAID OVER FROM DECEMBER 18, 2006. 21. An Ordinance of the City of San Bernardino amending Chapter 19.20 (Property Development Standards), Section 19.20.030(3) of the San Bernardino Municipal Code (Development Code) related to antennas, satellite dishes, and telecommunications facilities. FINAL READING (Backup material distributed on December 18, 2006, Item No. 32.) MOTION: That said ordinance be adopted. Facilities Management 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a five year agreement with Verizon California Inc. for Centranet telephone service to the City of San Bernardino. (See Attached) (Cost to the City -- $64,200.00 from the Telephone Support Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Fire 23. 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 2008 Office of Traffic Safety (OTS) Grant to be submitted to the State of California Business, Transportation and Housing Agency in the amount of $116,000. (See Attached) (No matching funds required.) All Wards MOTION: That said resolution be adopted. 01/08/2007 9 24. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Purchase Order to Mobile Concepts in the amount of $46,980 for the purchase of a Fire Safety House. (See Attached) (Cost to the City -- $46,980 from the Federal and State Programs Fund.) All Wards MOTION: That said resolution be adopted. 25. Item Deleted. 26. Resolution of the City of San Bernardino amending Resolution 6413, Section Thirteen, Temporary/Part-time Employees, entitled in part a “Resolution… establishing a Basic Compensation Plan…” by updating information codifying prior Council actions. (Cost to the City -- None by this action.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Management Agreement with Matt McDonagh, dba Celtic Soccer League to Provide Tournament Services for Specified Dates at the Soccer Complex. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 28. Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute Amendment No. 1 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. (No cost to the City -- this action will result in reimbursement in the amount of $191,500 from the School District.) All Wards 01/08/2007 10 MOTION: That said resolution be adopted. 29. Resolution of the City of San Bernardino authorizing a Contract between the City of San Bernardino and California Aviation Services, Inc. (CAS) of Riverside, CA for helicopter patrol services through FY 2008/09, with two two- year options for renewal. Additionally, to increase Purchase Order #300128 for helicopter patrol services in FY 2006/07 by $290,700 to an amount not to exceed $520,884.(Cost to the City for FY 06/07 -- $290,700 from the General Fund.) MOTION #1: That said resolution be adopted; MOTION #2: That Purchase Order #300128 be increased by $290,700 to an amount not to exceed $520,884 to fund helicopter patrol services, including aviation and property insurance expenses provided by CAS for the contract extension period; and MOTION #3: That approval of the contract is subject to the City Attorney being satisfied that the necessary insurance coverage totaling $10,000,000 in aviation liability and property coverage is continued. END OF CONSENT CALENDAR PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Police 29A. Appeal Hearing – Danny’s Towing - decision by San Bernardino Police Department to suspend towing contract for 30 days effective January 8, 2007. (Document not available at time of printing.) Mayor to open the hearing . . . MOTION: That the matter be continued to January 22, 2007. TO BE HEARD AT 4:30 P.M. City Manager 01/08/2007 11 30. Public hearing – to consider adjusting the current storm drain development impact fees. (See Attached) (No cost to the City by this action.) All Wards 30. Continued. Ordinance of the City of San Bernardino adding Chapter 3.27.105 to the San Bernardino Municipal Code to establish a storm drain development impact fee, and amending Chapters 3.27.020 and 3.27.110 of the San Bernardino Municipal Code. FIRST READING Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. TO BE HEARD AT 4:30 P.M. 31. Public hearing – sale of a portion of City Water Department owned parcel of real property generally located northwesterly of Bonita Vista Drive, south of th 40 Street and west of Del Rosa Avenue. (See Attached) (No cost to the City.) Ward 4 Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of City property generally located northwesterly of Bonita Vista Drive, th south of 40 Street and west of Del Rosa Avenue in the City of San Bernardino to Alfred M. Sessions. 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 DECEMBER 18, 2006 Parks, Recreation & Community Services 32. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Management Services Agreement between the City of San Bernardino and For the Game, LLC to provide management services at the San Bernardino Soccer Complex for the period of January 1, 01/08/2007 12 2007 through December 31, 2012. (Backup material distributed on December 18, 2006, Item No. 19.) MOTION: That the matter be continued to January 22, 2007. END OF CONTINUED ITEMS STAFF REPORTS 33. Workshop regarding Measure Z at Economic Development Agency Board Room. (See Attached) MOTION: That the Director of Finance be authorized to amend the FY 2006-07 Adopted Budget and increase General Fund Revenues (Account No. 001-000-4227 Measure Z Sales Tax) by $1,650,000 and to also increase the Police Department expenditure budget by $1,517,100 and Parks expenditure budget by $132,900 for a total General Fund expenditure increase of $1,650,000 as reflected in the attached line item budget (Attachment A). 34. Request from former Police Detective Gina Meyer for payment of lifetime medical expenses. (See Attached) MOTION #1: That the Mayor and Common Council grant the request from former Police Detective Gina Meyer to pay 100% of her lifetime medical expenses which will also maintain and strengthen the morale of the City’s police officers and other City employees; or MOTION #2: That the Mayor and Common Council approve the payment of former Police Detective Gina Meyer’s entire monthly medical insurance premiums for a period not to exceed three years, without further approval by the Mayor and Common Council, which will also strengthen and maintain the morale of the City’s police officers and other City employees; or MOTION #3: That the request for assistance by former Police Detective Gina Meyer be denied. 01/08/2007 13 END OF STAFF REPORTS 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, January 22, 2007, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 01/08/2007 14 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. 01/08/2007 15