HomeMy WebLinkAbout04-07-2008 Reg. Agenda ~" Mayor Patrick J. Morris
CITY OF SAN BERNARDINO council Members:
3~~ N. "D „Street Esther Estrada
Dennis J. Baxter
San Bernardino, CA 92418 Tobin Bunker
WebSlte: WWW.Sl7Clly.Org Neil Derry
•
p Chas Kelley
San Bernardino Rikke Van Johnson
sM Wendy McCammack
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, APRIL 7, 2008 - 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 18. )
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.
1 04/07/2008
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):
Steven Williams v. City of San Bernardino, and Jason King -United
States District Court Case No. CV 07-00511 VAP (Opx);
Dennis Jackson; Indes Williams; Vanessa Weaver, as Guardian ad litem
for Anada Jackson, a minor; Shanell Williams, as Guardian ad litem for
Chris Jackson Jr., a minor; the Estate of Christopher Jackson v. City of
San Bernardino & Officer Steve Carrizales -San Bernardino Superior
Court Case No. CIVSS 800797;
Garrett Warren v. City of San Bernardino & Sergeant Gary Schulke -
United States District Court Case No. ED CV 08-0072 VAP (Opx)
James Lewis v. County of San Bernardino, City of San Bernardino, San
Bernardino Sheriff's Department, Martin Andrew Lozano - San
Bernardino Superior Court Case No. CIVSS 801605;
Steve G. Desrochers, et al. v. City of San Bernardino, et al. -San
Bernardino Superior Court Case No. 141192;
Cora Constructors, Inc. v. City of San Bernardino Municipal Water
Department -San Bernardino Superior Court Case No. CIVSS 803484;
Danuta Tuszynska v. City of San Bernardino, et al. -San Bernardino
Superior Court Case No. CIVSS 705138;
Robert Wiles v. City of San Bernardino, et al. -United States District
Court Case No. EDCV 0701165 VAP (Opx).
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.
One Case
2 04/07/2008
1. Continued.
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.
G. Conference with real property negotiator -pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
1. Property Address: 450 North "E" Street
APN: 0134-121-24
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director on behalf of the Redevelopment
Agency, Scott Bailey on behalf of
CinemaStar Luxury Theaters, Inc., and
Mike Ross on behalf of SB 20, LLC
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
3 04/07/2008
RECONVENE MEETING - 3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
A. A. Jay Munoz -Planning Commission -Mayor Morris. (See Attached)
B. Richard McInnis -Historical Preservation Commission -Mayor Morris.
(See Attached)
C. Mark Ocegueda - Community Development Citizens Advisory
Committee -Mayor Morris. (See Attached)
D. Lance Durr -Alternate -Planning Commission -Mayor Morris. (See
Attached)
E. Andree Robinson-Neal -Historical Preservation Commission -Council
Member Derry. (See Attached)
F. Velia Marquez -Fine Arts Commission -Council Member Estrada.
(See Attached)
MOTION: That the appointments A-F, as request by Mayor Morris,
and Council Members Derry and Estrada, 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
39 be adopted except for ,and
4 04/07/2008
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common Council and Community Development
Commission, be waived.
6. Council Minutes (See Attached)
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: March 3, 2008 (Distributed on 4/1/08)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated March 13, 2008,
from Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Interim Chief
Examiner, dated April 2, 2008 in accordance with Civil Service
rules and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino, be approved and ratified.
City Manager
9. Set a public hearing for Monday, April 21, 2008, at 4:00 p.m. in the City Hall
Council Chambers to discuss the adjustment of various user fees and the
establishment of new user fees.
MOTION: That a public hearing be set for Monday, April 21, 2008, at 4:00
p.m. in the City Hall Council Chambers to discuss the adjustment
and establishment of various user fees.
City Council
10. Resolution in Support of the Men and Women in Law Enforcement and Blue
Ribbon Week. (See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
5 04/07/2008
LAID OVER FROM MARCH 17, 2008
Code Enforcement
11. An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California amending San Bernardino Municipal Code adding a new
Chapter 15.26 entitled Single Family Rental Property Inspection Program.
FINAL READING (Backup material was distributed on March 17, 2008,
Item No. 24.)
MOTION: That said ordinance be adopted.
12. Resolution of the City of San Bernardino objecting to the May 2008 tax sale of
properties with City assessments. (See Attached) (No Cost to City.) All Wards
MOTION: That said resolution be adopted.
Development Services
13. A Resolution of the Mayor and Common Council of the City of San Bernardino
declaring its intention to authorize the annexation of territory generally located
between Industrial Parkway and Cajon Boulevard, southeasterly of Palm Avenue
(Annexation No. 6) to Community Facilities District No. 1033, and adopting an
annexation map showing the territory of Annexation No. 6. (See Attached) (No
Cost to City.) (Resolution not available at time of printing.) Ward 6
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under Chapter 2.5, Part 1, Division 2, Title
5 of the Government Code of the State of California, as amended,
with Community Facilities District No. 1033 Annexation No. 6
for property consisting of an industrial development (DP II No.
07-17), located on the southwesterly side of Industrial Parkway,
southeasterly of Palm Avenue (APN 0266-041-39); and that said
resolution be adopted.
14. Resolution of the City of San Bernardino establishing fair market value of
certain real property located on Boyd Street, north of Cluster Street, commonly
known as Assessor's Parcel Numbers 0136-051-45 and 0136-051-52, relative to
the expansion of the City Yards, authorizing said purchase and authorizing and
directing the execution of a sales and purchase agreement; and repealing
Resolution No. 2008-39. (See Attached) (No Cost to City.) (Resolution not
available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
6 04/07/2008
15. Resolution of the City of San Bernardino preliminarily determining that the
public convenience and necessity require the formation of a landscape
maintenance assessment district located in the Cajon Boulevard and Glen Helen
Parkway area without compliance with the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931; declaring its intention to proceed
to order work within the district, to be known as Assessment District No. 1064;
preliminarily approving the Engineer's Report and giving notice of a public
hearing. (See Attached) (No Cost to City.) Ward 6
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under SBMC 12.90, with establishment of
a landscape maintenance assessment district in the Cajon
Boulevard and Glen Helen Parkway Area, to be known as
Assessment District No. 1064; and that said resolution be
adopted.
16. Item Deleted.
17. Resolution of the City of San Bernardino amending Resolution No. 655 entitled,
in part, "A Resolution... designating certain streets, or portions thereof as
through highways..." and establishing afour-way stop at the intersection of
Rialto Avenue and Meridian Avenue. (See Attached) (Cost to City - $2,000
from General Fund.) Wards 3&6
MOTION: That said resolution be adopted.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Tract Map No. 17695, located on the southwest
corner of 48`~ Street and "E" Street in the RS, Residential Suburban 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 City.) Ward 4
MOTION: That said resolution be adopted.
Mayor's Office
19. Resolution of the Mayor and Common Council authorizing the execution of a
contract between the City of San Bernardino and the County of San Bernardino
for Public Health Nursing Services in the Operation Phoenix Target Areas. (See
Attached) (Cost to City - $45,877 from the General Fund.) All Wards
MOTION: That said resolution be adopted.
7 04/07/2008
Police
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Memorandum of Understanding between the City
of San Bernardino and its Police Department and California Highway Patrol for
assistance with major crimes at State buildings. (See Attached) (No Cost to
City.) All Wards
MOTION: That said resolution be adopted.
21. 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
Ariel General Contractor for the demolition and resurfacing of locker room
showers in an amount not to exceed $46,775.49. (See Attached) (Cost to City
- $46,775.49 from General Fund.) (Resolution not available at time of
printing.) Ward 1
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 Amendment No. 1 to the Vendor Service
Agreement and increase Purchase Order Number 301361 in the amount of
$52,000 with Zumar Industries, Inc., for the purchase of traffic signs. (See
Attached) (Cost to City - $52,000 from General Fund, Traffic System
Construction Fund, and 1/z Sales and Road Tax Fund.) All Wards
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an amendment and issuance of a purchase order in
the amount of $90,500 by exercising the final year renewal option with Guzman
Construction Company for the repair of sidewalks, curbs, gutters, and cross
gutters at various locations throughout the City of San Bernardino. (See
Attached) (Cost to City - $40,588 from General Fund and $50,000 from 1/z
Cent Sales/Road Tax Fund.) Wards 2, 4, 5, 6, & 7
MOTION: That said resolution be adopted.
24. Item Deleted.
8 04/07/2008
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to Purchase Order
Number 208278 by $20,000 to Chaparral Concrete Company pursuant to
Section 3.04.010 B-3 of the Municipal Code for the purchase of additional
concrete materials. (See Attached) (Cost to City - $20,000 from the General
Fund.) All Wards
MOTION: That said resolution be adopted.
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement amendment and increase to an annual
purchase order to McCray Enterprises of San Bernardino for medium and
heavy-duty equipment and truck repair, including purchase of various related
parts for the City's fleet. (See Attached) (Cost to City - $30,000 from Fleet
Services Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 Fleet and IWM budgets
as discussed in the Staff Report dated March 20, 2008, from Ken
Fischer, Director of Public Services, to reflect the additional
$30,000 in service and parts costs.
27. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to an annual purchase
order with two single year renewal options to United Transmission Exchange of
San Bernardino for heavy-duty truck transmission service, repair and exchange
for the City's fleet. (See Attached) (Cost to City - $17,100 from Fleet
Services Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 Fleet and IWMD budgets
as discussed in the Staff Report dated March 20, 2008, from Ken
Fischer, Director of Public Services to reflect the additional
$17,100 in outside vehicle maintenance costs.
28. 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 $73,750 for the remainder of FY 07-08 and $295,000 per year for
every year thereafter, with three (3) one-year extensions at the City's option
between the City of San Bernardino and Jimni Systems, Inc. for lift station
maintenance and repair services. (See Attached) (Cost to City - $295,000
from Unappropriated Sewer Fund Balance.) Wards 1, 3 & 5
(Item Continued on Next Page)
9 04/07/2008
28. Continued.
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007-08 adopted Public Services
budget and transfer $73,750 for the remainder of FY 2007-08 and
$295,000 per year, for every year thereafter, from the
Unappropriated Sewer Fund Balance into Account No. 132-431-
5505 (Other Professional Services).
29. 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
Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3 of the
Municipal Code for the purchase of one 2008 F-450 4X4 Crew Cab Utility
Truck to be utilized by the Fire Department. (See Attached) (Cost to City -
$44,567.65 from the General Fund.) All Wards
MOTION: That said resolution be adopted.
30. 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
Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3 of the
Municipal Code for the purchase of twenty-seven (27) 2008 Ford Crown
Victoria Police Interceptors utilized by the Police Department; and authorizing
the Finance Director or her designee to solicit lease-purchase rate quotes and
award alease-purchase to the lowest responsible leasing company. (See
Attached) (Cost to City - $746,469.81 from Fleet Services Fund plus lease
costs.) All Wards
MOTION: That said resolution be adopted.
31. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an amendment and increase to an annual purchase
order with two single year renewal options to HREM Inc. for the manufacture
and repair of hydraulic cylinders and supplies to be utilized by the Public
Services Department Fleet Division. (See Attached) (Cost to City -
$11,000.00 from Fleet Services Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director Finance be
authorized to amend the FY 2007/08 Fleet and IWM Division
budgets as discussed in the Staff Report dated March 25, 2008,
from Ken Fischer, Director of Public Services, to reflect the
additional $11,000 in service and parts costs.
10 04/07/2008
32. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to an annual purchase
order with two single year renewal options to HREM Inc. for the fabrication
and repair of refuse truck bodies and floors to be utilized by the Public Services
Department Fleet Division. (See Attached) (Cost to City - $25,100 from Fleet
Services Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 Fleet and IWM Division
budgets as discussed in the Staff Report dated March 13, 2008,
from Ken Fischer, Director of Public Services, to reflect the
additional $25,100 in outside service costs.
33. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to an annual purchase
order to Kaman Industrial Technologies for Gates hoses, hydraulic fittings and
bearings for the City's heavy equipment fleet to be utilized by the Public
Services Department Fleet Division. (See Attached) (Cost to City - $5,000
from Fleet Services Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 Fleet, Street Sweeping
and IWM Division budgets as discussed in the Staff Report dated
March 25, 2008, from Ken Fischer, Director of Public Services,
to reflect the additional $5,000 in Materials & Supplies costs.
34. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to an annual purchase
order, with three single year renewal options, to Drake Supply Company of
Fontana for unity spotlights, Target Tech strobes and light bars, and
miscellaneous electrical supplies for the City's fleet. (See Attached) (Cost to
City - $10,000 from Fleet Services Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 Fleet, IWMD and Police
Department budgets as discussed in the Staff Report dated March
13, 2008, from Ken Fischer, Director of Public Services, to
reflect the additional $10,000 in materials and supplies costs.
11 04/07/2008
35. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to an annual purchase
order with three single year renewal options, to Haaker Equipment Co. for
Elgin sweeper parts and Vactor sewer truck parts, to be utilized by the Public
Services Department, Fleet Division. (See Attached) (Cost to City - $10,100
from Fleet Services Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 Fleet, Street Sweeping,
and Sewer Line Maintenance budgets as discussed in the Staff
Report dated March 25, 2008, from Ken Fischer, Director of
Public Services, to reflect the additional $10,100 in Materials &
Supplies costs.
36. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to an annual purchase
order with three single year renewal options to Diversified Truck Center for
specific autocar chassis truck parts to be utilized by the Public Services
Department, Fleet Division. (See Attached) (Cost to City - $10,100 from
Fleet Services Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 Fleet and IWM Division
budgets as discussed in the Staff Report dated March 25, 2008,
from Ken Fischer, Director of Public Services, to reflect the
additional $10,100 in Materials & Supplies costs.
37. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to an annual purchase
order, with three single year renewal options, to American Rotary Broom Co.
Inc. for rewound main and gutter sweeper brooms, to be utilized by the Public
Services Department, Fleet Division. (See Attached) (Cost to City -
$10,100.00 from Fleet Services Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 Fleet, and Street
Sweeping budgets in the Refuse Fund as discussed in the Staff
Report dated March 25, 2008, from Ken Fischer, Director of
Public Services, to reflect the additional $10,100 in Materials &
Supplies costs.
12 04/07/2008
38. Resolutions authorizing increases to contract Purchase Order No. 08-062 in the
amount of $176,000 to Matich Corporation and contract Purchase Order No.
08-063 in the amount of $22,000 to Pavement Recycling Systems, Inc. for street
repairs. (See Attached) (Cost to City - $198,000 from Infrastructure Loan
Fund.) Wards 2&5
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing an increase to contract Purchase Order Number
08-062 in the amount of $176,000 to Matich Corporation pursuant to
Section 3.04.010 B-3 of the Municipal Code for additional street paving
services.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing an increase to contract Purchase Order Number
08-063 in the amount of $22,000 to Pavement Recycling Systems, Inc.
pursuant to Section 3.04.010 B-3 of the Municipal Code for additional
cold planing services, labor and equipment rental for City street repairs.
MOTION: That said resolutions A&B, be adopted.
39. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an amendment and increase to contract Purchase
Order #08-070, with three single year renewal options, to Applied LNG
Technologies pursuant to Section 3.04.010 B-3 of the Municipal Code for the
purchase of LNG fuel. (See Attached) (Cost to City - $150,100 from the
Fleet Services Fund.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Discussed by the Legislative Review Committee meeting of March 18, 2008 -
- Committee Members Present: Kelley & Brinker
40. An Ordinance of the City of San Bernardino adding Chapter 8.02 to the San
Bernardino Municipal Code and adopting, by reference, San Bernardino
County Code Chapter 14 of Division 3 of Title 3, relating to the inspection
grading of food establishments. FIRST READING (See Attached) (No cost to
City.) (Ordinance not available at time of printing.) All Wards
MOTION: That the proposed Ordinance which adopts the San Bernardino
County Ordinance requiring the posting of letter grade ratings
for food establishments be considered for adoption at a noticed
public hearing at the Council meeting on May 5, 2008, at 4:00
p. m.
13 04/07/2008
41. Item Deleted.
Recommended for approval at the Grants Ad Hoc Committee meeting of
April 1, 2008 - Committee Members Present: Baxter, Brinker &
McCammack
CONTINUED FROM MARCH 17, 2008
42. Resolution authorizing the City Manager to execute Amendment No. 5 to
Contract 02-1166 A-5 with the County of San Bernardino Public Health
Department, accepting the proposal amount of $55,000 for the period of July 1,
2007 through June 30, 2008, and ratifying any action taken between July 1,
2007, and the date that this resolution is adopted. (Backup materials
distributed March 17, 2008, Item No. 15)
MOTION: That said resolution be adopted.
43. Resolution of the Mayor and Common Council of the City of San Bernardino
accepting a Federal Economic Development Administration Grant for street
improvements to Cajon Boulevard. (See Attached) Ward 6
MOTION: That said resolution be adopted.
44. Item Deleted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Police
45. Public hearing -formalization of a Red Light Camera Photo Enforcement
System Policy and expansion of the existing Traffic Signal Violation System.
(See Attached) (No Cost to City.) All Wards
Resolution of the City of San Bernardino formalizing a Red Light Camera Photo
Enforcement System Policy and authorizing an amendment to the lease and
services agreement with Nestor Traffic Systems, Inc., to expand the existing
Traffic Signal Violation System. (Resolution not available at time of
printing.)
MOTION: That the matter be continued to Apri121, 2008.
14 04/07/2008
TO BE HEARD AT 4:30 P.M.
Development Services
46. Public hearing -resolution ordering the vacation of a portion of Crescent
Avenue between Huff Street and College Drive. (See Attached) (No Cost to
City.) Ward 3
Resolution of the City of San Bernardino ordering the vacation of a portion of
Crescent Avenue between Huff Street and College Drive and reserving public
utility easements therein.
Mayor to open the hearing .
MOTION: That the hearing be closed; that the Findings of Fact, as set forth
in the staff report from the Director of Development Services, as
to why the portion of Crescent Avenue between Huff Street and
College Drive is no longer necessary for public street purposes,
be adopted; and that said resolution be adopted.
TO BE HEARD AT 4:30 P.M.
47. Public hearing -resolution ordering the vacation of a portion of Pear Street,
north of Walnut Street and east of Mt. Vernon Avenue and reserving public
utility easements. (See Attached) (No Cost to City.) Ward 3
Resolution of the City of San Bernardino ordering the vacation of a portion of
Pear Street, north of Walnut Street and east of Mount Vernon Avenue and
reserving public utility easements therein.
Mayor to open the hearing .
MOTION: That the hearing be closed; that the Findings of Fact, as set forth
in the staff report from the Director of Development Services, as
to why the portion of Pear Street, north of Walnut Street and east
of Mount Vernon Avenue is no longer necessary for public street
purposes, be adopted; and that said resolution be adopted.
END OF PUBLIC HEARINGS
48. Council Committee Assignments
MOTION: That the recommended Council Committee assignments be
approved.
15 04/07/2008
CONTINUED ITEMS
Recommended for approval at the Legislative Review Committee meeting of
March 3, 2008 -Committee Members Present: Kelley, Brinker, and Derry
CONTINUED FROM MARCH 17, 2008
49. An Ordinance of the City of San Bernardino adding Chapter 8.61, repealing
Section 8.60.140, and amending Section 8.60.150 of the San Bernardino
Municipal Code regarding fireworks. FIRST READING (No Backup
material was distributed on March 17, 2008, for Item No. 23.) (Ordinance
not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
CONTINUED FROM MARCH 17, 2008
50. Establishing administrative civil penalties for violations of the Municipal Code.
(Backup material was distributed on November 19, 2007, Item No. 27; item
was continued to January 22, 2008, Item No. 29; item was continued to
March 17, 2008, Item No 28.)
A. An Ordinance of the City of San Bernardino adding Chapter 9.93 to the
San Bernardino Municipal Code and establishing administrative civil
penalties for violations of the Municipal Code. FIRST READING
(Ordinance not available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino directing the disposition of administrative civil penalties
collected pursuant to San Bernardino Municipal Code Chapter 9.93 for
violations of the San Bernardino Municipal Code. (Resolution not
available at time of printing.)
MOTION: That said ordinance be laid over for final adoption; and
that said resolution be adopted.
City Attorney
51. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a First Amendment to a Lease of Property between
Union Pacific Railroad Company and the City of San Bernardino. (No backup
material was distributed on March 17, 2008, Item No. 36.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
16 04/07/2008
LAID OVER FROM MARCH 17, 2008
52. Ordinance of the City of San Bernardino amending Title 2, "Administration and
Personnel," of the San Bernardino Municipal Code by adding Chapter 2.01
"Mayor Pro-Tempore" and amending Chapter 2.76 "Council Committees" to
add Section 2.76.040 "Senior Council Member" and Section 2.76.050
"Appointment of Committee Members and Committee Chairpersons." FINAL
READING (Backup material was distributed on March 17, 2008, Item No.
37.)
MOTION: That said ordinance be adopted.
CONTINUED FROM MARCH 19, 2008
Development Services
53. Request from the San Bernardino City Unified School District for a
determination of consistency with the City General Plan for development of the
site proposed for Wilson II Elementary School. (Backup material was
distributed on March 17, 2008, Item No. 30; and was continued to March
19, 2008, Item No. 3.) (No Cost to City.) Ward 7
Resolution of the Mayor and Common Council making certain findings and
determinations pursuant to Government Code Section 65402 with regard to
General Plan conformity for a proposed elementary school site (Wilson II
Elementary School.)
MOTION: That said resolution be adopted.
STAFF REPORTS
54. Item Deleted.
WORKSHOP
55. Workshop on Fiscal Year 2007/08 Mid-Year Budget Report to be held at the
Economic Development Agency Boardroom. (Material originally distributed
on March 19, 2008, Item No. 2.)
Council Office
56. City County Conference Meeting -- Oral Report from Council Member lZikke
Van Johnson.
17 04/07/2008
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
R57. 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 demolition contract by and between the AGENCY and Dakeno, Inc., for the
demolition of AGENCY properties located at 795 and 770 West 5`~ Street, San
Bernardino (Downtown Mixed-use Project -Central City North Redevelopment
Project Area). (See Attached) Ward 1
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
58. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: Athree-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.)
59. 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, April 21, 2008, in the Council Chambers, 300 North
"D" Street, San Bernardino, California.
18 04/07/2008
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.
19 04/07/2008