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HomeMy WebLinkAbout06-04-2007 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, JUNE 4, 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. (Community Development Commission Items are on Pages 12-14.) 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. 106/04/2007 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): Michael Negrete v. City of San Bernardino ? San Bernardino Superior Court Case No. SCVSS 142361; Kenneth O?Howell v. City of San Bernardino, et al. ? United States District Court Case No. CV 06-01678 PSG (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: National Alliance for Human Rights v. City of San Bernardino ACLU v. City of San Bernardino Garrett Zimmon ? Disability Retirement Agenda Item No. 35 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. County of San Bernardino; California Portland Cement Company; Robertson?s Ready Mix; Holliday Rock, Co. Inc. 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. 206/04/2007 (Item Continued on Next Page) 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: th 40 Street Redevelopment Project Area th 1. Property Address: 255 East 49 Street APN: 0154-126-02 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Frank Marques, property owner/seller Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 306/04/2007 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. James M. Smith ? Historical Preservation Commission ? Council Member Baxter. (See Attached) MOTION: That the appointment of James Smith to the Historical Preservation Commission, as requested by Council Member Baxter, 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 25 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. 406/04/2007 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: April 2, 2007 (Distributed on 5/23/07) April 30, 2007 (Distributed on 5/22/07) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 25, 2007, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated May 30, 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. LAID OVER FROM MAY 21, 2007 City Attorney 9. Ordinance of the City of San Bernardino amending Section 9.69 of the San Bernardino Municipal Code. FINAL READING. (Backup material distributed on May 17, 2007, Item No. 31.) MOTION: That said ordinance be adopted. Development Services 10. Resolution of the City of San Bernardino noticing a public hearing relative to the formation of Underground Utility District No. 34, generally located along rd portions of 3 Street, between Waterman Avenue and a point 205 feet east of the centerline of Shirley Avenue, in the City of San Bernardino. (See Attached) (No cost to the City.) Ward 1 (Item Continued on Next Page) 506/04/2007 10. Continued. MOTION: That the Director of Development Services and the City Clerk be authorized to proceed with the formation of Underground Utility rd District No. 34 located along portions of 3 Street, Phase 1: Waterman Avenue to Lena Road; Phase 2: Lena Road to a point 205 feet east of the centerline of Shirley Avenue, pursuant to San Bernardino Municipal Code Section 13.36; and that said resolution be adopted. 11. Resolution of the Mayor and Common Council of the City of San Bernardino approving a Supplemental Agreement to the Overhead Agreement with Burlington Northern Santa Fe (BNSF) Railway Company and County of San Bernardino and the San Bernardino Associated Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SS04-52). (See Attached) (No cost to the City.) Ward 6 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 18083, located on the southeast corner of Waterman Avenue and Industrial Road in the IL, Industrial Light land use district, and accepting the public dedications as set forth on said map. (See Attached) (No cost to the City.) Ward 3 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to New West Signal for traffic signal at Mill Street and Doolittle Drive (TC06-01), per Project Plan No. 11330, and authorization for the Director of Finance to amend the FY 2006/07 Budget. (See Attached) (Cost to the City -- $200,000 from the Traffic Systems Construction Fund.) Ward 1 606/04/2007 (Item Continued on Next Page) 13. Continued. MOTION: That the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $25,000 from Account No. 250- 370-5504-7430 (TC04-21) ?Highland Avenue and ?E? Street Signal Upgrade? and $27,000 from Account No. 250-370-5504- 7431 (TC04-16) ?5th Street and ?F? Street Signal Upgrade? and th $23,900 from Account No. 250-370-5504-7435 (TC04-20) ?18 Street and ?E? Street Traffic Signal? to Account No. 250-370- 5504-7656 (TC06-01) ?Mill Street and Doolittle Drive Traffic Signal; and that said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Hardy & Harper, Inc. for cul-de-sac street improvements th on 4 Street at Mt. Vernon Avenue (SS06-01), per Project Plan No. 11882, and authorization for the Director of Finance to amend the FY 2006/07 Budget. (See Attached) (Cost to the City -- $220,000 from the Gas Tax Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $50,000 from Account No. 126- 369-5504-7322 (SS04-36) ?E? Street Bus Stop Relocation? and $15,000 from Account No. 126-369-5504-7359 (SS-G) ?School th of the Month? to Account No. 126-369-5504-7581 (SS06-01) ?4 Street cul-de-sac at Mt. Vernon Avenue; and that said resolution be adopted. 15. Resolutions authorizing and directing the execution of funding and mitigation agreements ? Verdemont Fire Station (Industrial Parkway, LLC; SP University, LLC; and Delgado Developers, Inc.). (See Attached) (No cost to the City.) Ward 5 A. Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with SP University DC, LLC for that certain real property generally located on the northeasterly side of Industrial Parkway, southeasterly of Palm Avenue, relative to the Verdemont Fire Station Impact Mitigation Fees. (Resolution not available at time of printing.) 706/04/2007 (Item Continued on Next Page) 15. Continued. B. Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with Industrial Parkway, LLC for that certain real property generally located on the southwesterly side of Industrial Parkway, southeasterly of Palm Avenue, relative to the Verdemont Fire Station Impact Mitigation Fees. (Resolution not available at time of printing.) C. Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with Delgado Developers, Inc., for that certain real property generally located on the easterly side of Olive Avenue, southerly of Belmont Avenue (Tentative Tract No. 17396), relative to the Verdemont Fire Station Impact Mitigation Fees. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. 16. Item Deleted. 17. Resolution of the Mayor and Common Council of San Bernardino authorizing the execution of a contract with and issuance of a purchase order, with four one- year renewal options, to NAES, dba Amtech Elevator Services for elevator and escalator maintenance service at City buildings in the City of San Bernardino. (See Attached) (Cost to the City -- $34,200.00 from the General Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 18. Authorize the City Manager to execute Change Order No. One to the contract with JM Builders, Inc. for changes in the scope of work on Perris Hill Senior Center expansion. (See Attached) (Cost to the City -- $12,821 from the Park Construction Fund.) Ward 2 806/04/2007 MOTION: That the City Manager be authorized to execute Change Order No. One to the contract with JM Builders, Inc., for changes in the scope of work at Perris Hill Senior Center Expansion in the amount of $12,821. 19. 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 LeMay Construction Co. for the Boys & Girls Club racquetball court renovations in the City of San Bernardino per RFQ F-07-28. (See Attached) (Cost to the City -- $54,000 from the County CDBG Fund.) Ward 6 MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $164,481 for the construction of the LNG/LCNG Fueling Station at the City Corporate Yard. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Fire 21. Resolution of the Mayor and Common Council of the City of San Bernardino adopting a Standard Agreement to be used for gaining the permission of parcel owners to enter their property for the purposes of conducting prescribed and/or structural training burns. (See Attached) (No cost to the City.) All Wards MOTION: That said resolution be adopted. Human Resources 22. Status report relative to Request for Proposals for Health Insurance. MOTION: That the report be received and filed. Parks, Recreation and Community Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a contract with the County of San Bernardino Department of Aging and Adult Services (DAAS) to receive funding 906/04/2007 in the amount of $259,129 to provide senior nutrition services for the period of July 1, 2007 through June 30, 2008. (See Attached) All Wards (Item Continued on Next Page) 23. Continued. MOTION: That said resolution be adopted. 24. Resolutions authorizing the City Manager to execute two lease agreements between the City of San Bernardino and Omnipoint Communications for two cell towers at Colony and Wildwood Parks. (See Attached) (Revenue to the City -- $40,000 in FY 2007/08.) Wards 3&4 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Omnipoint Communications Inc., for the lease of three hundred and ten (310) square feet of land at Colony Park, 153 E. Harwick Drive. B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Omnipoint Communications Inc., for the lease of one thousand square feet (1000) of land at th Wildwood Park, 536 E. 40 Street. MOTION: That said resolutions A&B, be adopted. Public Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and purchase order to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of one (1) Vactor 2110 RCS Jet Rodder truck to be utilized by the Public Services Department Street Division Sewer Crew. (See Attached) (Cost to the City -- $400,956.14 from the Sewer Line Maintenance Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $401,000 from the unappropriated Sewer Line Maintenance Fund 10 06/04/2007 balance and transfer into Account No. 132-431-5701 Motor Vehicles. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Personnel Committee meeting on May 15, 2007 -- Committee Members present: McCammack, Baxter and Brinker 26. Reclassify Code Compliance Officer I to Code Compliance Officer II. (See Attached) MOTION: That the Mayor and Common Council reclassify two (2) Code Compliance Officer I positions, Range 1384, $3,013- $3,663/month to Code Compliance Officer II, Range 1412, $3,465-$4,212/month; and that the Human Resources Department be directed to update Resolution No. 97-244. 27. Reclassify Administrative Analyst I to Administrative Analyst II. (See Attached) MOTION #1: That the Mayor and Common Council reclassify one (1) Administrative Analyst I position, Range 4442, $4,024- $4,893/month to Administrative Analyst II, Range 4461, $4,424- $5,378/month; and MOTION #2: That the Director of Human Resources be authorized to update Resolution Nos. 97-244 and 6413. Heard at the Legislative Review Committee meeting on May 22, 2007 -- Committee Members present: Kelley and Brinker 28. Deliberations regarding an increase to the Verdemont Infrastructure Fee. (See Attached) MOTION #1: That staff be directed to prepare the appropriate ordinance to implement the increase to the Verdemont Infrastructure Fee; and 11 06/04/2007 MOTION #2: That the matter be referred to the Ways and Means Committee for further deliberation. END OF COMMITTEE CONSENT CONTINUED ITEMS CONTINUED FROM MAY 21, 2007 29. Resolution of the City of San Bernardino authorizing and directing execution of a License and Agreement with JKS-Marshall Plaza LLC, a Delaware Limited Liability Company for encroachment of an overhanging façade and appurtenances in the right-of-way of a public alley located south of Second Street and west of ?G? Street. (Backup material distributed on May 21, 2007, Item No. 17.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Attorney 30. An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 8.82.010 of Chapter 8.82 regarding recovery of expenses for extraordinary law enforcement services. FIRST READING MOTION: That said ordinance be laid over for final adoption. Mayor?s Office 31. Council review of the proposed additional focus areas for possible expansion of the Operation Phoenix Neighborhood Initiative. MOTION: That the Mayor and Common Council approve in concept the five focus areas for expansion of the Operation Phoenix Neighborhood Initiative, and direct City staff to work with the County and school officials to bring back for Council review, recommended 12 06/04/2007 crime-fighting strategies for each focus area, including a draft budget for implementation of the strategies. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on April 5, 2007 -- Committee Members Present: Estrada, Johnson and Baxter R32. Ordinances approving and adopting an Eminent Domain Program for all Redevelopment Project Areas. (Mayor and Common Council) A. Ordinance of the City of San Bernardino approving and adopting an Eminent Domain Program in compliance with the California Community Redevelopment Law for State College Redevelopment Project Area; Merged Central City/Meadowbrook Redevelopment Project Area; Central City North Redevelopment Project Area; Central City South Redevelopment Project Area; Central City East Redevelopment Project Area; Mt. Vernon Corridor Redevelopment th Project Area; 40 Street Redevelopment Project Area; Central City West Redevelopment Project Area; Southeast Industrial Park Redevelopment Project Area; Northwest Redevelopment Project Area; Tri-City Redevelopment Project Area; and South Valle Redevelopment Project Area. FIRST READING B. Ordinance of the City of San Bernardino approving and adopting an Eminent Domain Program in compliance with the California Community Redevelopment Law for Uptown Redevelopment Project Area. FIRST READING MOTION: That said ordinances A&B, be laid over for final adoption. R33. Single-Family Beautification Loan/Grant and Homebuyer Education Programs with Neighborhood Housing Services of the Inland Empire, Inc.; Agency Homebuyer Assistance Program. (See Attached) 13 06/04/2007 (Community Development Commission) A. 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 enter into a new 3-year HOME Agreement (2007-2010 HOME Funds), subject to annual funding availability, by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. (?NHSIE?). (Item Continued on Next Page) R33. Continued. B. 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 Agency?s Single-Family Beautification Loan/Grant and Mobile Home Grant Programs Agreement by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. (?NHSIE?) dated February 7, 2005. MOTION: That the Community Development Commission of the City of San Bernardino approve a programmatic change to the Homebuyer Assistance Program increasing the amount of down payment assistance for eligible homebuyers, as deemed necessary by the Agency Executive Director; and that said resolutions A&B, be adopted. Recommended for approval at the Redevelopment Committee meeting on December 7, 2006 -- Committee Members Present: Estrada, Johnson and Baxter R34. Redevelopment Cooperation Agreement with Inland Valley Development Agency; Owner Participation Agreement with ICO Real Estate Group (dba Perris Campus Plaza, LLC) and Findings of Fact related to Health and Safety Code Section 33445 (Tippecanoe Avenue ? IVDA Redevelopment Project Area). Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings and determinations and consenting to payments for public improvements by the Redevelopment Agency of the City of San Bernardino (?Agency?) related to the property at 678 South Tippecanoe Avenue (?Site?) pursuant to the 2007 Property Owner Participation Agreement by and between the Agency and Perris Campus Plaza, LLC (IVDA Redevelopment Project Area). 14 06/04/2007 (Community Development Commission) B. 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 (1) a Redevelopment Cooperation Agreement by and between the Agency and Inland Valley Development Agency (?IVDA?) and (2) a 2007 Property Owner Participation Agreement (?OPA?) by and between the Agency and Perris Campus Plaza, LLC for the development of 678 South Tippecanoe Avenue (the ?Site?) (IVDA Redevelopment Project Area). (Item Continued on Next Page) R34. Continued. MOTION: That said resolutions A&B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING TO BE HEARD AT 4:30 P.M. CONTINUED FROM MAY 21, 2007 35. Public hearing ? Conditional Use Permit No. 06-24 (Appeal No. 07-02) ? an appeal of a Planning Commission approval of additional antennas and equipment at an existing communication tower site, with a requirement to replace the existing non-stealth monopole tower with a monopine ? project site is located at th 1093 West 5 Street in the CH, Commercial Heavy, land use district. (Backup material distributed on May 7, 2007, Item No. 43; item continued to May 21, 2007, Item No. 29.) Owner: Albert R. Okura 1398 N. ?E? Street San Bernardino, CA 92405 Appellant: Royal Street Communications John Beke 547 El Encino Drive Diamond Bar, CA 91765 Request/Location: The appellant is appealing the Planning Commission?s approval of Conditional Use Permit No. 06-24 to install additional antennas on an existing 60-foot non-stealth monopole telecommunications tower and 15 06/04/2007 additional equipment on the ground. The subject property is located at 1093 W. 5th Street. The hearing remains open . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny Appeal No. 07-02 and uphold the Planning Commission?s approval of Conditional Use Permit No. 06-24, subject to revised conditions of approval. END OF PLANNING ITEMS Council Office 36. Request the Fire Chief to compile appropriate documentation regarding potential fee waivers for non-profit senior citizen apartment complexes. (See Attached) MOTION: That the Fire Chief report back to the Council within 30 days with appropriate documentation, the financial impact of waiving these burdensome inspection fees for the first and follow-up inspections for non-profit apartment complexes housing 80% or more senior citizens. 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 be adjourned to 4:30 p.m., on Thursday, June 7, 2007, in the Economic Development Agency Boardroom for budget deliberations. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 18, 2007, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 16 06/04/2007 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. 17 06/04/2007