HomeMy WebLinkAbout08-06-2007 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, AUGUST 6, 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.
08/06/2007
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):
Mazelle Dyke v. City, et al. ? United States District Court No. EDCV
06-00847 (VAPX);
Shirley J. Goodwin v. City, et al. ? United States District Court No.
EDCV 98-66RT (VAPx);
Tony Gorrell v. City, et al. ? Workers? Compensation Appeals Board
No. SBR 0297969.
B. Conference with legal counsel ? anticipated litigation ? significant
exposure to litigation ? pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel ? anticipated litigation ? initiation of
litigation ? pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session ? personnel ? pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public?s right of access to
public services or public facilities ? pursuant to Government Code
Section 54957.
F.Conference with labor negotiator ? pursuant to Government Code
Section 54957.6.
(Item Continued on Next Page)
08/06/2007
2
1. Continued.
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area (Downtown
Acquisition Program)
th
1. Property Address: 795 West 5 Street (Paradise Motel)
APN: 0134-093-41
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Tien Lee International Limited
Corporation, property owner/seller
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
08/06/2007
3
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Steven Shaw ? Bicentennial Committee ? Mayor Morris. (See Attached)
B. David E. Smith ? Bicentennial Committee ? Mayor Morris. (See
Attached)
C. Bob Edwards ? Board of Building Commissioners ? Council Member
Kelley. (See Attached)
D. Beverly Bird ? Bicentennial Committee ? Council Member
McCammack. (See Attached)
MOTION: That said appointments of Steven Shaw, David E. Smith,
Bob Edwards, and Beverly Bird, as requested by Mayor
Morris and Council Member Kelley, be approved.
3. Presentations.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its normal
sequence on the agenda. Information concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
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.
08/06/2007
4
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:
May 21, 2007 (Distributed on 7/24/07)
June 4, 2007 (Distributed on 7/23/07)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated July 16, 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 August 1, 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 JULY 16, 2007
9. An Ordinance of the City of San Bernardino adding Section 8.27.110 to the San
Bernardino Municipal Code regarding recording notices of weed abatement
requirements on vacant lots. FINAL READING (Backup material distributed
on July 16, 2007, Item No. 25.)
MOTION: That said ordinance be adopted.
Animal Control
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute an Animal Control Services Agreement
by and between the City of San Bernardino and the City of Fontana from July 1,
2007 through June 30, 2010, and ratifying any action taken between July 1,
2007 and the date that this resolution is adopted. (See Attached) (Anticipated
revenue to the City in FY 07/08 -- $635,040.)
MOTION: That said resolution be adopted.
08/06/2007
5
City Clerk
11. Designation of voting delegate and alternate voting delegates for the League of
California Cities Annual Meeting ? September 5-8, 2007 in Sacramento,
California. (See Attached)
MOTION: That Mayor Morris be designated as the City of San Bernardino?s
voting delegate, and that Council Member Derry and City
Manager Wilson be designated as alternate voting delegates for
the League of California Cities Annual Conference to be held
September 5-8, 2007, in Sacramento, California.
City Treasurer
12. Resolution of the Mayor and Common Council of the City of San Bernardino
acknowledging the receipt and filing of the Annual Statement of Investment
Policy for the period July 1, 2007 through June 30, 2008. (See Attached) (No
cost to the City.)
MOTION: That said resolution be adopted.
Development Services
13. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a Contract to National Plant Services, Inc. for cleaning sewer siphons
at various locations in the City of San Bernardino (SW-D 2006/07), per Project
Plan No. 12173. (See Attached) (Cost to the City ? $140,000 from the Sewer
Line Maintenance Fund.) (Resolution not available at time of printing.)
Wards 1,2&3
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Master Agreement ? Administering Agency ?
State Agreement for State Funded Projects ? Agreement No. 00051S between the
City of San Bernardino and the State of California. (See Attached) (No cost to
the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
08/06/2007
6
15. Resolution of the City of San Bernardino approving Amendment No. 3 to
Agreement for Professional Services with LAN Engineering Corporation to
provide engineering services for the design of Old Waterman Canyon Bridge
replacement (SS07-14). (See Attached) (Cost to the City -- $3,650 from the
Street Construction Fund.) (Resolution not available at time of printing.)
Ward 4
MOTION: That said resolution be adopted.
16. Item Deleted.
17. Resolution of the City of San Bernardino preliminarily determining that the
public convenience and necessity require the formation of a landscape
th
maintenance assessment district located in the 48 Street and Little Mountain
Drive 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. 1065;
preliminarily approving the Engineer?s Report and giving notice of a public
meeting and public hearing. (See Attached) (No cost to the City -- $5,900
processing fee paid by applicant.) (Resolution not available at time of
printing.) Ward 5
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under SBMC 12.90 with the establishment
th
of a landscape maintenance assessment district in the 48 Street
and Little Mountain Drive area (Tentative Tract Map No.
17038), to be known as Assessment District No. 1065; and that
said resolution be adopted.
18. 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 Central Avenue and Lena Road
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. 1063;
preliminarily approving the Engineer?s Report and giving notice of a public
hearing. (See Attached) (No cost to the City -- $5,900 processing fee paid by
applicant.) Ward 1
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under SBMC 12.90 with the establishment
of a landscape maintenance assessment district in the Central
Avenue and Lena Road area (Tentative Parcel Map No. 17721),
08/06/2007
7
to be known as Assessment District No. 1063; and that said
resolution be adopted.
19. Item Deleted.
Finance
20. Authorize the Director of Finance to amend the FY 2007/08 budget to add both
revenue and expenditure budgets for the nine (9) Development Impact Fee
Funds. (See Attached)
MOTION: That the Director of Finance be authorized to amend the FY
2007/08 budget to add both revenue and expenditure budgets for
the nine (9) Development Impact Fee Funds (DIFF) as indicated
in the staff report dated, August 6, 2007, from Barbara Pachon,
Director of Finance.
Fire
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
Pierce Manufacturing, Inc for seven (7) new Pierce fire engines; authorizing the
Finance Director or her designee to solicit bids to purchase one utility truck,
ancillary equipment and emergency medical services equipment; and authorizing
the Finance Director or designee to solicit lease-purchase rate quotes and award
a lease-purchase to the lowest responsible leasing company. (See Attached)
(Cost to the City -- $2,995,422.97 from the General Fund to be reimbursed
with CDBG funding.) All Wards
MOTION: That said resolution be adopted.
22. Item Deleted.
23. Item Deleted.
24. Item Deleted.
Parks, Recreation & Community Services
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute an Agreement with the San Bernardino
City Unified School District to provide contractual services for fourteen (14)
Creative Before & After-School Programs for Success at school district sites for
the period July 1, 2007 through June 30, 2008, and ratifying any action taken
between July 1, 2007 and the date that this Resolution is adopted. (See
Attached) (No cost to the City ? grant revenue to the City - $344,606.)
08/06/2007
8
All Wards
MOTION: That said resolution be adopted.
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute an Agreement between the City of San
Bernardino and the San Bernardino City Unified School District for shared use
of the recreation facilities at the Galaxy Building and Norton Recreation Center
for the period of August 1, 2007 through July 31, 2009, and ratifying all action
taken between August 1, 2007 and the approval of the resolution. (See Attached)
(Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
27. Resolution of the Mayor and Common Council authorizing the City Manager to
execute Amendment No. 1 to Management Agreement between the City of San
Bernardino and Coast Soccer League to provide management services at the San
Bernardino Soccer Complex for the dates August 11-12 and September 1-3,
2007. (See Attached)
MOTION: That said resolution be adopted.
Police
28. Resolution of the City of San Bernardino approving the destruction of certain
obsolete records by the San Bernardino Police Department. (See Attached) (No
cost to the City.)
MOTION: That said resolution be adopted.
29. Resolution of the City of San Bernardino ratifying the submittal of the FY 2007
Juvenile Accountability Block Grant (JABG) application to the California
Department of Corrections and Rehabilitation by the Police Department. (See
Attached) (Grant funding in the amount of $10,526; grant match of $1,170
from the Asset Forfeiture Fund.) All Wards
MOTION: That said resolution be adopted.
30. Resolution of the City of San Bernardino authorizing a vendor change for the
conversion of a replacement SWAT/CBRNE vehicle for the Police Department
to North Star AKA Braun Northwest Inc, of Chehalis, WA. (See Attached)
(Cost to the City -- $124,382.14 from various General Fund accounts.)
All Wards
08/06/2007
9
MOTION: That said resolution be adopted.
31. Resolution of the Mayor and Common Council authorizing a Services
Agreement and an annual purchase order to Paramount Protective Services, Inc.
to provide jail staffing in an amount not to exceed $334,559 for FY 2007/08
with three optional renewal years. (Cost to the $334,559 from the General
Fund.) (Document and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Committee Meeting on July 10,
2007 ? Committee Members present: McCammack and Brinker
Police
32. Resolution of the City of San Bernardino ratifying the submittal of the FY 2007
Homeland Security Grant application to the County Office of Emergency
Services by the Police Department. (See Attached) (If awarded, City will
receive $265,051.92 in FY 2007 Homeland Security Grant funds.)All Wards
MOTION: That said resolution be adopted.
33. Resolution of the City of San Bernardino ratifying the submittal of the FY 2007
Edward Byrne Memorial Discretionary Grant application to the Bureau of
Justice Assistance by the Police Department. (See Attached) (No cost to the
City ? if awarded, the Department will receive $2,606,940 to perform grant
goals and objectives.) All Wards
MOTION: That said resolution be adopted.
Heard at the Grants Committee Meeting on July 10, 2007 -- Committee
Members present: McCammack and Brinker
34. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application to the United States Department of
Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency
Prevention, authorizing the City Manager to execute the Grant Contract, and
authorizing the Mayor?s Office to administer the OJJDP FY 2007 Gang
08/06/2007
10
Prevention Coordination Assistance Program. (See Attached) (Grant revenue to
the City $200,000 ? City match $15,000.)
MOTION: That said resolution be adopted.
Recommended for approval at the Legislative Review Committee meeting
on July 17, 2007 ? Committee Members present: Kelley, Brinker & Derry
35. Resolution of the Mayor and Common Council of the City of San Bernardino
providing for the appointment of a Mayor Pro Tempore on an annual basis, and
rescinding Resolution No. 2004-69. (See Attached)
MOTION: That said resolution be adopted.
36. An Ordinance of the City of San Bernardino amending Sections 3.44.010 and
3.44.030 of the San Bernardino Municipal Code Chapter 3.44, Telephone
User?s Tax to clarify original intent and remove obsolete references. FIRST
READING (Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M
Development Services
37. Public hearing ? resolution approving annexation; resolution calling a special
election and resolution certifying election results ? Community Facilities District
No. 1033 (Verdemont Fire Station). (See Attached) (Cost to the City --
$5,900 from the General Fund.) Ward 6
A. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the annexation of territory
(Annexation No. 2) to Community Facilities District No. 1033 and
authorizing the levy of a special tax and submitting the levy of tax to the
qualified electors. (Resolution not available at time of printing.)
B. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, calling a special election and submitting to the
voters of Annexation No. 2 of City of San Bernardino Community
Facilities District No. 1033 propositions regarding the annual levy of
08/06/2007
11
special taxes within Annexation No. 2 and the establishment of an
appropriations limit. (Resolution not available at time of printing.)
(Item Continued on Next Page)
37. Continued.
C. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, making certain findings, certifying the results of
an election and adding property to Community Facilities District No.
1033, Annexation No. 2. (Resolution not available at time of
printing.)
Mayor to open the hearing . . .
MOTION: That the hearing relative to Annexation No. 2 to
Community Facilities District No. 1033, be closed; and
that said resolutions A-C, be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM JULY 16, 2007
Parks, Recreation & Community Services
38. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute Amendment No. 3 to the Agreement
between the City of San Bernardino and Boys and Girls Club of San Bernardino
Inc., to operate a community center located at 2969 North Flores Street, San
Bernardino, California. (Backup material distributed on July 16, 2007, Item
No. 17.)
MOTION: That said resolution be adopted.
CONTINUED FROM JULY 16, 2007
Development Services
39. I-210 Corridor Enhancement Plan. (Item continued from July 16, 2007, Item
No. 34.)
MOTION: That the Mayor and Common Council receive and file the I-210
Corridor Enhancement Plan; and direct staff to implement its
08/06/2007
12
strategies through a specific plan to be prepared in conjunction
with the upcoming analysis of the Northwest Redevelopment
Plan.
CONTINUED FROM JULY 16, 2007
40. Capital Improvement Program (CIP) workshop ? Economic Development
Agency Boardroom ? review the Five-Year Capital Improvement Program ?
Fiscal Years 2007/08 ? 2011/12. (Backup distributed on July 16, 2007, Item
No. 35.)
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
41. An Urgency Interim Ordinance of the City of San Bernardino establishing a
temporary moratorium on the establishment of new parolee/probationer group
homes, registered sex offender group homes, declaring the urgency thereof, and
taking effect immediately. URGENCY (Document and Ordinance not
available at time of printing.)
MOTION: That said urgency ordinance be adopted.
42. An Ordinance of the City of San Bernardino repealing Chapter 8.35 to Title 8 of
the San Bernardino Municipal Code, that any vehicle used to solicit an act of
prostitution or to acquire or attempt to acquire a controlled substance is a
nuisance subject to seizure and impoundment. FIRST READING (See
Attached)
MOTION: That said ordinance be laid over for final adoption.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Heard at the Redevelopment Committee meeting on May 24, 2007 --
Committee Members Present: Estrada and Johnson
R43. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
08/06/2007
13
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 Redevelopment Project
Study Agreement by and between the Agency and Street-Manchester, LLC
(Fairway Homes Project ? IVDA Redevelopment Project Area). (See Attached)
Ward 3
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee on July 19,
2007 --Committee Members Present: Estrada, Johnson and Baxter
Resolution of the Community Development Commission of the City of San
R44.
Bernardino approving and authorizing the 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
th
demolition of Agency properties located at 708, 720, 734 and 740 West 4
th
Street and 755 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
TO BE HEARD AT 4:30 P.M.
Development Services
45. Public hearing - Resolution ordering the vacation of an east-west alley, northerly
of Little League Drive and east of Magnolia Avenue. (See Attached) (No cost
to the City -- $2,000 processing fee paid by petitioner.) Ward 5
Resolution of the City of San Bernardino ordering the vacation of an east-west
alley, northerly of Little League Drive and east of Magnolia Avenue.
(Resolution not available at time of printing.)
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,
dated July 9, 2007, as to why the east-west alley, northerly of
Little League Drive and east of Magnolia Avenue is no longer
necessary for public street purposes be adopted; and that said
resolution be adopted.
08/06/2007
14
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.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p.m., Monday, August 20, 2007, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
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
08/06/2007
15
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.
08/06/2007
16