HomeMy WebLinkAbout08-04-2008 Jt Regular
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, AUGUST 4, 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 pages 13-14.)
Any writings or documents provided to a majority of the City Council/Commission
regarding any item on the agenda will be made available for public inspection at the
nd
City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during
normal business hours. In addition, such writings and documents will be posted on the
City?s website at www.sbcity.org.
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.
108/04/2008
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):
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 07-01027SGL (Opx);
San Bernardino City Professional Firefighters, Local 891 v. City of San
Bernardino; San Bernardino Fire Department, et al. - San Bernardino
Superior Court Case No. CIVSS 807685;
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. CIVSS 708367;
Garrett Warren v. City of San Bernardino - United States District Court
Case No. EDCV 08-72;
Argy v. Johnson - San Bernardino Superior Court Case No. CIVSS
708058;
White v. City of San Bernardino - San Bernardino Superior Court Case
No. CIVSS 806002;
Conrad v. City of San Bernardino - San Bernardino Superior Court Case
No. CIVSS 808602.
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:
Claim filed by Manta Management;
Inland Communities Corp. v. City of San Bernardino (Paradise
Hills);
One (1) case.
(Item Continued on Next Page)
208/04/2008
1. Continued.
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:
Director of Code Enforcement
Kelli Bruhl
John Wilson
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.
END OF CLOSED SESSION
308/04/2008
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
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
31 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.
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: June 16, 2008 (Distributed 7/28/2008)
June 30, 2008 (Distributed 7/28/2008)
July 7, 2008 (Distributed 7/29/2008)
408/04/2008
7. Item Deleted.
8. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Interim Chief
Examiner, dated July 30, 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.
LAID OVER FROM JULY 21, 2008
City Attorney
9. An ordinance of the City of San Bernardino extending a temporary moratorium
on the establishment and operation of new parolee/probationer group homes,
registered sex offender group homes and unlicensed group homes. FINAL
READING (No Cost to the City) (Backup material distributed on July 21,
2008, Item No. 40.)
MOTION: That said ordinance be adopted.
City Clerk
10. Resolution of the City of San Bernardino repealing Resolution No. 98-310 and
adopting the revised records retention schedule attached as Exhibit ?A?. (See
Attached) (No Cost to the City)
MOTION: That said resolution be adopted.
Council Office
11. Use of Hernandez Community Center by American Sports University. (Staff
Report not available at time of printing.)
508/04/2008
Development Services
12. Set a Capital Improvement Program (CIP) workshop for Monday, August 18,
2008, at 5:30 p.m. in the Economic Development Agency Boardroom to review
the 5-year Capital Improvement Program ? Fiscal Years 2008/09 ? 2012/13.
(See Attached) (No Cost to the City) All Wards
MOTION: That a Capital Improvement Program (CIP) workshop be set for
Monday, August 18, 2008, at 5:30 p.m. in the Economic
Development Agency Boardroom to review the 5-year Capital
Improvement Program ?Fiscal Years 2008/09 ? 2012/13.
13. 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 two-way stops at the intersections of
Twenty-Eighth Street at Fremontia Drive and Twenty-Ninth Street at Fremontia
Drive. (See Attached) (Cost to the City - $1,000 from the General Fund)
Ward 7
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Kalban, Inc. for the construction of ADA access and
sidewalks at various locations (SS-B 2007/08), per Project Plan No. 12295.
(See Attached) (Cost to the City - $400,000 from ½-Cent Sales and Road
Tax Fund) All Wards
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino authorizing and directing execution of
a license and agreement with Inland Empire Resources Conservation District for
access to Chestnut Debris Basin. (See Attached) (No Cost to the City)
Ward 5
MOTION: That said resolution be adopted.
608/04/2008
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement relative to the selling price of tax-
defaulted property located at 2255 Bessant Street, San Bernardino, proposed to
be purchased from the County of San Bernardino by the San Bernardino City
Unified School District. (See Attached) (No Cost to the City) Ward 7
MOTION: That said resolution be adopted.
Facilities Management
17. Resolution of the Mayor and Common Council of the City of San Bernardino
establishing the schedule of penalties for parking violations set forth in the City
of San Bernardino Municipal Code and the California Vehicle Code, and
amending Part VIII of Resolution 2008-149. (See Attached) (Additional
revenue of $150,000 annually to the General Fund) All Wards
MOTION: That said resolution be adopted.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement for services with and issuance of a
purchase order to Westbeach Group, Inc dba West Beach Systems for the Boys
& Girls Club CCTV Security System for Delmann Heights Community Center
in the City of San Bernardino per RFQ F-08-23. (See Attached) (No Cost to
the City; $21,720 from Community Development Block Grant Funds
Reimbursement) Ward 6
MOTION: That the Mayor and Common Council reject the bid of Protection
One because the bid is non-responsive; that said resolution be
adopted; and that the Director of Finance be authorized to amend
the FY 2008/09 budget and carry over $21,720.00 to Account
No. 001-321-5706 (Alterations and Renovations).
Finance
19. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a bid for lease purchase financing to Koch Financial Corporation for
the purchase of four (4) water-cooled air conditioners, contingency funds and
contingency/temporary cooling equipment. (See Attached) (Cost to City -
$106,000 from Utility Fund) Ward 1
MOTION: That said resolution be adopted.
708/04/2008
Fire
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a new temporary employment agreement between
the City of San Bernardino and Donald Feser for the position of Disaster
Coordinator. (See Attached) (Cost to the City - $57,000 from Salaries
Temporary/Part Time) All Wards
MOTION: That said resolution be adopted.
LAID OVER FROM JULY 21, 2008
21. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 9.90.010 of Chapter 9.90 regarding authority to arrest
and issue citations. FINAL READING (No Cost to the City) (Backup
material distributed on July 21, 2008, Item No. 30.) All Wards
MOTION: That said ordinance be adopted.
Information Technology
22. Resolution of the City of San Bernardino authorizing the purchase of a three
year maintenance contract for the Public Safety Dispatch Center?s digital voice
logging recorder from NICE Systems of Uniondale, New York. (See Attached)
(No Net Cost to the City - $69,244.64 to be reimbursed by the State of
California) All Wards
MOTION: That said resolution be adopted.
23. Resolution of the City of San Bernardino authorizing execution of an agreement
with the State of California, 911 office to participate in the 911 emergency
number system, the purchase of an upgrade to the City?s public safety answering
point (PSAP) 911 telephone system and the purchase of a five year maintenance
plan for the 911 system from Verizon Communications of Thousand Oaks,
California. (See Attached) (No Net Cost to the City - $259,835.63 to be
reimbursed by the State of California) All Wards
MOTION: That said resolution be adopted.
808/04/2008
Human Resources
24. Resolution of the City of San Bernardino amending Resolution 2007-345,
Section 2, B. Compensation and Section 2, Y. Holidays, between the City and
Management/Confidential employees. (See Attached) (No Cost to the City ?
Estimated budget savings of $613,500)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Vendor Service Agreement and the
Finance Director, or her designee, to issue a purchase order to Donegan Tree
Service in the amount of $75,000 for tree maintenance service in various
Landscape Maintenance Districts. (See Attached) (Cost to the City - $75,000
from Various Landscape Maintenance District Funds) All Wards
MOTION: That said resolution be adopted.
Public Services
26. Resolution authorizing the City Manager to execute Amendment No. 2 to the
vendor services agreement with three (3) one year extensions at the City?s
option with 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 the
City - $1,000,000 from Fleet Services) All Wards
MOTION: That said resolution be adopted.
27. 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 $238,000 by exercising its fourth and final year option with
Rehrig Pacific Company for the purchase of automated carts for residential
refuse services. (See Attached) (Cost to the City - $238,000 from Refuse
Fund) All Wards
MOTION: That said resolution be adopted.
908/04/2008
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
pursuant to Section 3.04.010 B-3 of the Municipal Code in the amount of
$125,200 to New West Signal for the installation of new streetlights on Parkside
thth
Drive between 30 and 34 Streets. (See Attached) (Cost to the City $125,200
from ½-Cent Sales and Road Tax and Special Gas Tax Funds) Ward 7
MOTION: That said resolution be adopted.
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 in
the amount of $120,000 to Zumar Industries, Inc., for the purchase of traffic
signs for repair, removal, and replacement of damaged, faded and vandalized
signs, and new installation of signs located throughout the City of San
Bernardino. (See Attached) (Cost to the City - $120,000 from the General
Fund) All Wards
MOTION: That said resolution be adopted.
30. Resolution authorizing an agreement and increase to an interim purchase order
to ?Y? Tires of Los Angeles for new and recapped tires, tubes and related
repair services for City vehicles and equipment, to be utilized by the Fleet
Division pursuant to Section 3.04.010 B-3 of the Municipal Code. (See
Attached) (Cost to the City - $65,000 from Fleet Services Fund) All Wards
MOTION: That said resolution be adopted.
SBETA
31. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a consultant services agreement by and
between the City of San Bernardino and California Municipal Technologies,
Inc., a California Corporation, for a course management registration software
system pursuant to Municipal Code Section 3.04.010 B-3, and ratifying action
taken between March 31, 2008 and the date of this resolution. (See Attached)
(No Cost to the City ? Funding from Workforce Investment Act Funding)
All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
10 08/04/2008
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee Meeting
on July 22, 2008 ? Committee Members Present: Kelley, Baxter, Brinker
City Attorney
32. An Ordinance of the City of San Bernardino adding Chapter 5.19 to the San
Bernardino Municipal Code regarding prohibiting sex offenders from peddling
and soliciting and repealing Section 5.04.605 regarding house-to-house
solicitors. FIRST READING
MOTION: That said ordinance be laid over for final adoption.
Recommended for approval at the Legislative Review Committee Meeting
on July 22, 2008 ? Committee Members Present: Kelley, Baxter, Brinker
Development Services
33. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Chapter 12.03 (Right-of-Way permits, excavations and
temporary encroachments), Section 12.030.020 (definitions) and adding Section
12.03.055 to establish a trench cut moratorium on newly paved public
roadways. (See Attached) FIRST READING All Wards
MOTION: That said ordinance be laid over for final adoption.
Recommended for approval at the Grants Ad Hoc Committee Meeting on
July 15, 2008 ? Committee Members Present: McCammack, Baxter,
Brinker
Development Services
34. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a project application for the Federal Safe Routes to
School (SRTS) Program Cycle 2 Funding. (See Attached) (No Cost to the
City) Ward 6
MOTION: That said resolution be adopted.
Recommended for approval at the Police Ad Hoc Committee Meeting on
July 29, 2008 ? Committee Members Present: Kelley, Johnson
Police
35. Implementation of an Anti-Graffiti Rewards Program. (See Attached)
All Wards
MOTION: That the Mayor and Common Council approve the
implementation of an Anti-Graffiti Awards Program.
END OF COMMITTEE CONSENT
11 08/04/2008
PUBLIC HEARINGS
CONTINUED FROM JUNE 16, 2008
TO BE HEARD AT 4:00 P.M.
City Clerk
36. Appeal hearing regarding the decision of the City Clerk concerning delinquent
transient lodging taxes owed by the Budget Lodge. (No cost to City) (Backup
material distributed on June 16, 2008, Item No. 26.) Ward 3
MOTION: That the matter be tabled.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM JULY 7, 2008
City Attorney
37. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San
Bernardino Municipal Code regarding scrap metal recycling. FIRST
READING (No backup material was distributed on June 2, 2008, Item No.
31; item continued to June 16, 2008, Item No. 30; item continued to July 7,
2008, Item No. 38.) (Staff Report and Ordinance not available at time of
printing.)
MOTION: That the matter be continued to September 2, 2008.
CONTINUED FROM JUNE 2, 2008
Development Services
38. Norton Space and Aeronautics Academy ? Reimbursement Agreement for
waiver/reimbursement of fees. (New Request for Council Action Attached)
(Backup material distributed on June 2, 2008, Item No. 15.) Ward 1
MOTION: That the Mayor and Common Council continue consideration of a
reimbursement agreement until December 1, 2008.
END OF CONTINUED ITEMS
12 08/04/2008
STAFF REPORTS
City Attorney
39. An Urgency Ordinance of the City of San Bernardino establishing a temporary
moratorium on the establishment and operation of new parolee/probationer
group homes, registered sex offender group homes and unlicensed group homes,
declaring the urgency thereof, and taking effect immediately. URGENCY
MOTION: That said urgency ordinance be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee Meeting of
July 24, 2008 - Committee Members Present: Estrada, Baxter &
McCammack as an alternate for Johnson
R40. Resolution of the Community Development Commission of the City of San
Bernardino, California, approving an agreement with Louis Schnepp, Dakota
Management Company, Inc., and authorizing execution thereof, providing for
professional real estate consultant services. (See Attached) All Wards
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee Meeting of
July 24, 2008 - Committee Members Present: Estrada, Baxter &
McCammack as an alternate for Johnson
R41. 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
Amendment No. 2 to the Maintenance and Operation Contract by and between
th
the Agency and the Assistance League of San Bernardino (580 West 6 Street,
San Bernardino - Central City North Redevelopment Project Area). (See
Attached) Ward 1
MOTION: That said resolution be adopted.
13 08/04/2008
Recommended for approval at the Redevelopment Committee Meeting on
July 24, 2008 ? Committee Members Present: Estrada, Baxter &
McCammack as an alternate for Johnson
R42. Invoice for Water Damage Cleanup - California Theatre of the Performing Arts
th
located at 562 West 4 Street (Central City North Redevelopment Project Area).
(See Attached) Ward 1
MOTION: That the Community Development Commission of the City of
San Bernardino approve payment of an invoice in the amount of
$27,308.30 to ACR Services for Water Extraction and Biological
Hazard Remediation services at the California Theatre of the
Performing Arts.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING
CONTINUED FROM JULY 21, 2008
TO BE HEARD AT 4:30 P.M.
43. Public Hearing - Conditional Use Permit (CUP) No. 08-03 (Appeal
No. 08-02) - An appeal of the Planning Commission Denial of CUP No. 08-03,
a request to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100
West Hospitality Lane. (No Cost to the City) (Backup material distributed
on July 21, 2008, Item No. 39.) Ward 3
Appellant: Manta Management Corp.
c/o Roger Jon Diamond
2115 Main Street
Santa Monica, CA 90405
Owner: CMGH LLC
c/o Lawrence Wessel
740 S. Bunting Ct.
Anaheim, CA 92808
Request/Location: This is an appeal of the Planning Commission Denial of
CUP No. 08-03, a request to obtain a Type 48 Alcoholic Beverage Control
(ABC) license at 100 West Hospitality Lane.
Mayor to open the hearing. . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council deny the appeal and uphold the Planning Commission
denial of Conditional Use Permit No. 08-03, a request to obtain a
new Type 48 ABC license at 100 West Hospitality Lane.
14 08/04/2008
44. 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.)
45. Adjournment.
MOTION: That the meeting be adjourned to 4:30 p.m., Wednesday, August
6, 2008, in the Council Chambers of City Hall, to discuss
personnel and budget issues.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p.m., Monday, August 18, 2008, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
15 08/04/2008
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.
16 08/04/2008