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HomeMy WebLinkAbout06-18-2007 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 18, 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 13 & 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. 06/18/2007 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): City of San Bernardino v. San Bernardino Stampede, Inc. Also known as the Inland Empire 66er?s Baseball Club of San Bernardino, Inc. and Does 1-10 ? San Bernardino Superior Court Case No. SCVSS 137723; Fu San v. City of San Bernardino ? San Bernardino Superior Court Case No. SCVSS 117349. 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 of Maria Laura Martinez Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) Water Department Master Services MOU Public Library Funds C. Conference with legal counsel ? anticipated litigation ? initiation of litigation ? pursuant to subdivision (c) of Government Code Section 54956.9: City v. Michelle Altman, Carmax Auto Superstores Michael Garland v. State of California, et. al. - SCVSS 144135 City v. Esther Lira Solis D. Closed Session ? personnel ? pursuant to Government Code Section 54957. 06/18/2007 2 1. Continued. 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 06/18/2007 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Audrey Iverson ? Mobile Home Board ? Mayor Morris. (See Attached) B. Alex Aldasoro ? Parks & Recreation Commission ? Council Member Brinker. (See Attached) C. Cheryl Brown ? Historical Preservation Commission ? Council Member Johnson. (See Attached) MOTION: That the appointments of Audrey Iverson, Alex Aldasoro, and Cheryl Brown, as requested by Mayor Morris and Council Members Brinker and Johnson, be approved. 3. Presentations. A. First Quarter 2007 Employee Awards. B. Service Pin Awards Ceremony. 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 34 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. 06/18/2007 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 May 31, 2007, 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 June 13, 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 JUNE 4, 2007 City Attorney 8. 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. FINAL READING (Backup material distributed on June 4, 2007, Item No. 30.) MOTION: That said resolution be adopted. Economic Development Agency 9. Ordinances approving and adopting an Eminent Domain Program for all Redevelopment Project Areas. 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. FINAL READING (Item Continued on Next Page) 06/18/2007 5 9. Continued. 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. FINAL READING (Backup material Distributed on June 4, 2007, Item No. R32.) MOTION: That said ordinances A&B, be adopted. City Manager 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2007/2008. (See Attached) (Reimbursement to the various City accounts as outlined in the Staff Report.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2007/2008. (See Attached) (Reimbursement to the City ? Up to $246,690 from the Inland Valley Development Agency.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to increase Account No. 001-183-5505 by $100,000 for expedited engineering services, and revenue Account No. 001-000-4671 by $100,000 to reflect corresponding reimbursement. Code Compliance 12. Resolution of the City of San Bernardino authorizing execution of a Services Agreement with Los Padrinos Youth Services, Inc., a non-profit organization. (See Attached) (Cost to the City -- $588,000 from General Fund.) All Wards MOTION: That said resolution be adopted. 06/18/2007 6 Development Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Amendment to the Lease Agreement between the City of San Bernardino and Diocese of San Bernardino Education and Welfare Corporation for the benefit of Guadalupe Child Development Center at 1633 West Fifth Street, in San Bernardino. (See Attached) (Revenue to the City -- $1,875 annually.) Ward 1 MOTION: That said resolution be adopted. 14. Resolution of the City of San Bernardino approving Amendment No. 2 to the Five-year Capital Improvement Programs for FY?s 2004-2009 & 2005-2010 and Amendment No. 1 to the Four-year Capital Improvement Program for FY 2006- 2010 for Measure ?I? Local Expenditures. (See Attached) (No cost to the City.) All Wards MOTION: That said resolution be adopted. 15. 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 authorizing the installation of a one-way stop at the intersection of Roxbury Drive and Cedar Avenue. (See Attached) (Cost to the City -- $500 from the General Fund.) Ward 7 MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 2 to the Agreement for Professional Traffic Modeling Services with Srinivasa S. Bhat. (See Attached) (No net cost to the City.) All Wards MOTION: That said resolution be adopted. 17. Item Deleted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Hood Corporation for construction of underground utilities in Mill Street east of Waterman Avenue to Doolittle Drive (SS07-18), 06/18/2007 7 per Project Plan No. 11747. (See Attached) (Cost to the City -- $340,000 from the Street Construction Fund.) Ward 1 MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to increase the purchase order amount for the provision of professional building plan review services, to extend Service Agreements with Willdan Associates, Esgil Corporation and California Code Check, and to establish interim purchase orders for FY 2007/08. (See Attached) (No net cost to the City -- $250,000 from the Special Deposits Fund.) All Wards MOTION: That said resolution be adopted. 20. Authorize execution of Change Order No. One with Hillcrest Contracting, Inc. th for street improvements and beautification project on Victoria Avenue from 28 Street to Lynwood Drive (Phase I) (SS05-25), per Project Plan No. 11619. (See Attached) (Cost to the City -- $480,054 from the Public Improvement Fund.) Ward 4 MOTION: That the Director of Development Services be authorized to execute Change Order No. One with Hillcrest Contracting, Inc., in the amount of $480,054 for street improvement and th beautification project on Victoria Avenue from 28 Street to Lynwood Drive (Phase I) (SS05-25), per Project Plan No. 11619. 21. Authorize execution of Contract Change Order No. One to the contract with Kirtley Construction, Inc. d.b.a. TK Construction for storm drain improvements at Irvington Avenue and Devil Canyon Basin (SD07-01), per Plan No. 11591. (See Attached) (Cost to the City -- $6,687.47 from the FEMA Fund and the Storm Drain Construction Fund.) Ward 5 MOTION: That the Director of Development Services be authorized to execute Change Order No. One in the amount of $6,687.47 to Kirtley Construction, Inc., dba TK Construction for storm drain improvements at Irvington Avenue and Devil Canyon Basin (SD- 07-01), per Plan No. 11591. 22. Resolution of the City of San Bernardino authorizing an Agreement for Services with Mead & Hunt, Inc. for the preparation of an Airport Land Use 06/18/2007 8 Compatibility Plan and approving a Reimbursement Agreement with the San Bernardino International Airport Authority. (See Attached) MOTION: That said resolution be adopted. 23. Item Deleted. Fire 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to increase the purchase order issued to Zoll Medical Corporation for defibrillators and accessories. (See Attached) (Cost to the City -- $59,833.07 from the Federal and State Programs Fund.) All Wards MOTION: That said resolution be adopted. Mayor?s Office 25. Resolution of the Mayor and Common Council of the City of San Bernardino establishing the San Bernardino Bicentennial Ad Hoc Committee for the purpose th of planning the celebration of the 200 Anniversary of the founding of San Bernardino. (See Attached) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 26. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual purchase order, with two single year renewal options, to Waterline Technologies, Inc. for pool chemicals. (See Attached) (Cost to the City -- $11,000 from the General Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/07 budget and transfer $11,000 from Account No. 001-389-5014 (Part-Time Wages) to Account No. 001-389-5111 (Material and Supplies). 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement with David Evans and Associates in the amount of $113,567 for the purpose of preparing preliminary plans for the proposed Verdemont Community Center and repealing Resolution No. 2007-144 approved by Mayor and Common Council 06/18/2007 9 on May 7, 2007. (Document and Resolution not available at time of printing.) Cost to the City -- $113,567 from the Parkland and Open Space Acquisition and Park Improvement Fee Fund.) Ward 5 MOTION: That said resolution be adopted. Police 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Annual User Agreement with the County of San Bernardino to provide access to the Sheriff?s automated systems. (See Attached) (Cost to the City -- $25,600 from the General Fund.) All Wards MOTION: That said resolution be adopted. 29. Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 07/08 Justice Assistance Grant (JAG) funds and authorizing the signing of an Interlocal JAG Grant Agreement with the County of San Bernardino. (See Attached) (Funding in the amount of $269,904 from the BIA Justice Assistance Grant.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 30. Resolution of the City of San Bernardino authorizing the execution of a Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2007-2008. (See Attached) (Cost to the City -- $54,000 from the General Fund.) 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 Memorandum of Agreement with the Bureau of Narcotic Enforcement (BNE) and the San Bernardino Police Department for participation in the Gang Suppression Enforcement Team (GSET). (See Attached) (No cost to the City.) All Wards MOTION: That said resolution be adopted. 32. Resolution of the City of San Bernardino authorizing the City Manager or his designee to execute the sale of two Kawasaki Police motorcycles (as equipped, minus City radios) to the San Bernardino County Sheriff?s Emergency Vehicle 06/18/2007 10 Operations Center (EVOC) to be used as training motorcycles for basic and instructor police motorcycle classes. These motorcycles are identified as Unit #1005 (VIN #JKAKZCP28ZB519662, a 2002 Kawasaki) and Unit #1006 (VIN #JKAKZCP2XYB517713, a 2000 Kawasaki). (See Attached) (No cost to the City.) (Item Continued on Next Page) 32. Continued. MOTION: That said resolution be adopted. Information Technology 33. Resolution of the City of San Bernardino authorizing the purchase of 29 Motorola XTS 2500 Portable Radios from Motorola, Inc. (See Attached) (Cost to the City -- $88,544.18 from the Federal and State Programs Fund.) MOTION: That said resolution be adopted. Water 34. A Resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $15,037.50 for the Fiscal Year 2007/2008. (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. 35. Public hearing ? resolution imposing liens on property located within the City for uncollected business registration fees. (See Attached) Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor to open the hearing . . . 06/18/2007 11 MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM JUNE 4, 2007 36. 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. (Backup material distributed on June 4, 2007, Item No. 24.) 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 Wildwood th Park, 536 E. 40 Street. MOTION: That the matter be tabled. END OF CONTINUED ITEMS STAFF REPORTS 37. Item Deleted. Council Office 38. Naming of new park to Veterans Park. (See Attached) 06/18/2007 12 MOTION: That the Mayor and Common Council approve the naming of new park, located in the University District, east of Campus Parkway, south of Northpark Boulevard, to Veterans Park. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM MAY 7, 2007 R39. 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 Single Family Inclusionary Housing Owner Participation Agreement (?OPA?) by and between the Agency and GFC Enterprises, LLC for the development of Lynwood Housing Development (IVDA Redevelopment Project Area). (Backup material was distributed on April 2, 2007, Item No. R32; and was continued to May 7, 2007, Item No. R39.) Ward 7 MOTION: That the matter be tabled. Recommended for approval at the Redevelopment Committee meeting on May 24, 2007 ? Committee Members Present: Estrada and Johnson R40. 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 the Redevelopment Project Study and Exclusive Right to Negotiate Agreement (?Agreement?), by and between the Agency and Galaxy Commercial Holding, LLC (?Developer?) (Central City Redevelopment Project Area). (See Attached) Ward 1 MOTION: That said resolution be adopted. R41. Resolution of the Community Development Commission of the City of San Bernardino approving and adopting a Relocation Plan for displaced residents and businesses related to the North Arden Guthrie Area (IVDA Redevelopment Project Area). (See Attached) Ward 7 06/18/2007 13 MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on June 12, 2007 ? Committee Members Present: Estrada, Baxter and Johnson R42. 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 to execute the Assignment Agreement assigning a portion of Parcel 3 of Parcel Map 16307 to Toll Bros., Inc., a Pennsylvania corporation, related to the J.R. Watson & Associates Development Co., 2003 Disposition and Development Agreement (DDA). (See Attached) Ward 5 (Item Continued on Next Page) R42. Continued. MOTION: That said resolution be adopted. R43. 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 a Construction Contract by and between the Agency and JM Builders, Inc. for Improvements to the California Theatre of the Performing Arts (Central City North Redevelopment Project Area). (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING TO BE HEARD AT 4:30 P.M. 44. Public hearing ? Appeal of Development Permit Type 1 No. 04-046 (Appeal No. 07-03) ? an appeal of the Planning Commission?s revocation of a Development Permit to construct a 60?0? monopine telecommunications tower, equipment shelter, and landscaping on a vacant parcel located at 1272 N. Mt. Vernon Avenue in the CG-1, Commercial General land use district. (See Attached) (No cost to the City.) Ward 6 Owner: Doug Jones 899 Tamarisk Road Palm Springs, CA 92262 Appellant: T-Mobile Boudewign P. Hanrath 06/18/2007 14 3 Imperial Promenade, Suite 1100 Santa Ana, CA 92707 Request/Location: The subject of the appeal is the Planning Commission?s revocation of Development Permit Type I (DPI) No. 04-046, which permitted the installation of a 60?0? monopine telecommunications tower, equipment shelter, and landscaping on a vacant parcel. The subject property is located at 1272 N. Mt. Vernon Avenue, at the northwest corner of Mt. Vernon Avenue and Reece Street, in the CG-1, Commercial General land use district. Mayor to open the hearing . . . (Item Continued on Next Page) 44. Continued. MOTION #1: That the hearing be closed; that the Mayor and Common Council deny the appeal and uphold the decision of the Planning Commission to revoke DPI No. 04-046, and order the removal of the monopine telecommunications tower, related equipment and the equipment shelter within 60 days; or MOTION #2: That the hearing be closed; that the Mayor and Common Council grant Appeal No. 07-03, reverse the action of the Planning Commission to revoke DPI No. 04-046, and direct staff to report back to the Planning Commission on the status of site improvements as they are completed, or to re-initiate revocation proceedings if necessary. TO BE HEARD AT 4:30 P.M. 45. Public hearing ? Development Code Amendment No. 07-02 to allow off-site signage within the San Bernardino International Airport and Alliance California Specific Plan areas and to regulate signage in the Airport District. (See Attached) (No cost to the City.) Ward 1 An Ordinance of the City of San Bernardino adding Section 19.22.080(7) and amending Section 19.22.150 of the San Bernardino Municipal Code (Development Code) related to signage requirements for the San Bernardino International Airport and Alliance California Specific Plan Area. FIRST READING Mayor to open the hearing . . . 06/18/2007 15 MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. END OF PLANNING ITEMS 46. 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.) 47. Adjournment. MOTION: That the meeting be adjourned to 4:30 p.m., on Thursday, June 21, 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, July 2, 2007, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 06/18/2007 16 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. 06/18/2007 17