HomeMy WebLinkAbout09-04-2007 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
TUESDAY, SEPTEMBER 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 page 11.)
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.
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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):
Winston Hazell English v. San Bernardino Police, et al. ? United States
District Court Case No. EDCV 05-823 RGK (JWJ);
City v. Esther Solis ? San Bernardino Superior Court Case No. CIVSS
703498;
R. Roger Wang, et al. v. Wal-Mart Real Estate Business Trust, et al. ?
San Bernardino County Superior Court Case No. SCVSS 129158
People v. Manta Management Corporation ? San Bernardino Superior
Court Case No. SCVSS 117285;
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Deanna Adams v. City, et al. ? 4 District Court of Appeals No.
G038713 (San Bernardino Superior Court Case No. SCVSS 126708);
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Ghassan Abdullah, et al. v. City, et al. ? 4 District Court of Appeals
No. G038714 (San Bernardino Superior Court Case No. SCVSS
126706).
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
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public services or public facilities ? pursuant to Government Code
Section 54957.
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.
END OF CLOSED SESSION
09/04/2007
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Shukri ?Shawn? Sakiri ? Community Television Commission ? Council
Member Kelley. (See Attached)
B. Valerie ?Erin? Brinker ? Bicentennial Ad Hoc Committee ? Council
Member Brinker. (See Attached)
C. Alycia Enciso ? Bicentennial Ad Hoc Committee - Alternate ? Mayor
Morris. (See Attached)
D. Christina Benjamin ? Human Relations Commission ? Council Member
Baxter. (See Attached)
MOTION: That the appointments of Shukri ?Shawn? Sakiri, Valerie
?Erin? Brinker, Alycia Enciso, and Christina Benjamin,
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
19 be adopted except for ____, ____, ____, ____, and ____.
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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. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated August 14, 2007,
from Barbara Pachon, Director of Finance, be approved.
7. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated August 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.
8. Item Deleted.
City Manager
LAID OVER FROM AUGUST 20, 2007
9. Ordinance of the City of San Bernardino adding Chapter 2.19 to Title 2 of the
San Bernardino Municipal Code establishing a Youth Advisory Commission.
FINAL READING (Backup material was distributed on August 20, 2007,
Item No. 43.)
MOTION: That said ordinance be adopted.
City Treasurer
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement between the City of San Bernardino
and Wells Fargo Bank N.A. for the provision of banking services and the
deposit of monies. (See Attached) (Cost to City -- $52,100 annually from
Interest Earnings.)
MOTION: That said resolution be adopted.
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City Attorney
11. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the retention of Atkinson, Andelson, Loya, Ruud & Romo for legal
services provided in the case of Evlyn Wilcox v. Kari Verjil (Marianne Milligan,
real party in interest), San Bernardino County Superior Court, Case No. CIVSS
705111. (See Attached)
MOTION: That said resolution be adopted.
Development Services
12. Resolution of the Mayor and Common Council of the City of San Bernardino
approving an agreement with Caltrop Corporation for provision of professional
on-call engineering consulting services. (See Attached)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 adopted budget and
transfer $16,700 from salary and benefits account (001-183-
50XX) to the professional/contractual account (001-183-5502).
13. Item Deleted.
14. Resolution of the City of San Bernardino authorizing and directing the execution
of quitclaim deed for a sewer easement, to Waterman BP, LLC, generally
located east of Waterman Avenue between Industrial Road and Commercial
Road. (See Attached) (No Cost to City) Ward 3
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino approving amendment No. 3 to
Services Agreement with Jones & Stokes for provision of professional
environmental services for the design of the Mt. Vernon Ave. Viaduct over the
BNSF Railroad. (See Attached) (Cost to City -- $83,925) Wards 1&3
MOTION: That said resolution be adopted.
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16. 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 a four-way stop at the intersection of
Pennsylvania Avenue and Virginia Street. (See Attached) (Cost to City --
$1,200 from General Fund.) Ward 6
MOTION: That said resolution be adopted.
Human Resources
17. Resolution of the City of San Bernardino authorizing the execution of an
agreement with Mercer Health and Benefits LLC to provide broker and
administration services for the City?s Health Care Program for a period of three
years. (See Attached) (Cost to the City -- $327,000 annually from Health
and Life Insurance.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 adopted budget to reflect
all employee health costs in the appropriate departmental budget
and to budget the administrative and broker fees in the General
Government Contractual Services budget.
Public Services
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to Annual Purchase Order Number 208213 in the
amount of $92,001.00 to the County of San Bernardino Solid Waste
Management Division pursuant to 3.04.010 B-3 of the Municipal Code for street
sweeping and right-of-way crew waste fees. (See Attached) (Cost to City --
$92,001 from Dump Waste Fees). All Wards
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to Annual Purchase Order Number 208234 to the
County of San Bernardino Solid Waste Management Division pursuant to
3.04.010 B-3 of the Municipal Code for waste fees utilized by the Public
Services Department, Integrated Waste Management Division. (See Attached)
(Cost to City -- $2,362,800 from Dump Waste Fees.) All Wards
MOTION: That said resolution be adopted.
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20. Item Deleted.
COMMITTEE CONSENT
Recommended for approval by Police Ad Hoc Committee on August 2, 2007
? Committee Members Present: Kelley, Brinker & Johnson
21. Proposed Mural Program and Pilot Projects. (See Attached)
MOTION #1: That the Mayor and Common Council approve the mural pilot
project sites; and
MOTION #2: That the Director of Finance be authorized to amend the FY
2007/08 budget to increase the transfer from the Cultural
Development Fund to the General Fund by $20,000 and
appropriate an additional $20,000 in General Government/Fine
Arts and Cultural Affairs, Account No. 001-091-5186; and
MOTION #3: That the proposed mural program be referred back to the Police
Ad Hoc Committee for further discussion.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
CONTINUED FROM AUGUST 6, 2007
City Attorney
22. 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 (Backup material was distributed on August 6, 2007, Item No.
36.)
MOTION: That the matter be continued to September 17, 2007.
CONTINUED FROM AUGUST 20, 2007
City Manager
23. 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
th
thousand (1000) square feet of land at Wildwood Park, 536 E. 40 Street. (New
Staff Report Attached)
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MOTION: That said resolution be adopted.
CONTINUED FROM AUGUST 20, 2007
Development Services
24. Resolution of the City of San Bernardino authorizing the City Manager to
execute Services Agreements with Willdan Associates, Interwest Consulting
Group and Esgil Corporation for the provision of professional building plan
check services. (New Staff Report Attached) (Cost to the City -- $450,000 -
$442,400 from the Special Deposits Fund and $7,600 from the General
Fund.) (Backup was previously distributed on August 20, 2007, Item No.
14.)
MOTION: That said resolution be adopted; and that the Purchasing Manager
be authorized to issue annual purchase orders totaling $450,000
in aggregate, with provisions for two-single year renewal options.
Human Resources
25. Resolution of the City of San Bernardino amending Resolution No. 6413,
Section Thirteen, temporary/part-time employees, entitled in part a ?Resolution
? establishing a basic compensation plan?? by updating information codifying
prior Council actions. (See Attached) (Resolution not available at time of
printing.) (Previous action was taken on this item on August 20, 2007, Item
No. 44.)
MOTION: That said resolution be adopted.
CONTINUED FROM AUGUST 20, 2007
Information Technology
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and purchase order with two, one-
year renewal options to Harris Computer Systems for maintenance of the City?s
financial system. (Backup material was distributed on August 20, 2007,
Item No. 28.) (Resolution not available at time of printing.)
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 purchase order with two one-year
renewal options to Accela, Inc., for maintenance of the Permits+ system.
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(Backup material was distributed on August 20, 2007, Item No. 29.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
28. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and purchase order with two one-year
renewal options to Sungard HTE for maintenance of the Water Department?s
Financial and Utility Billing System. (Backup material was distributed on
August 20, 2007, Item No. 30.) (Resolution not available at time of
printing.)
MOTION: That the matter be continued to September 17, 2007.
CONTINUED FROM AUGUST 20, 2007
Public Services
29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Vendor Services Agreement and issuance of a
purchase order in the amount of $90,000.00 with two one-year extensions at the
City?s option between the City of San Bernardino and Peter John Container
Repair for commercial bin repairs utilized by the Public Services Department,
Integrated Waste Management Division. (Backup material was distributed on
August 20, 2007, Item No. 37.) (Cost to the City -- $90,000 from the Refuse
Fund.) All Wards
MOTION: That the matter be continued to September 17, 2007.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
30. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Mundell, Odlum & Haws and the City of San Bernardino and San Bernardino
Fire Department in the case of Richard ?Scott? Moss, et al. v. City of San
Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
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Council Office
31. Workshop to discuss the Economic Development Agency Budget at the
Economic Development Agency Boardroom.
Police
32. Resolution of the City of San Bernardino authorizing the law firm of Jones and
Mayer to represent the Police Chief of the City of San Bernardino in litigation
intervening in the early release of State prison inmates pursuant to the Prison
Litigation Reform Act. (See Attached)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
R33. Property owner hearing ? resolution of public interest and necessity for
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acquisition of real property ? 701 W. 5 Street ? Infinite State. (See Attached)
Ward 1
Resolution of the Community Development Commission of the City of San
Bernardino declaring the public interest and necessity of acquisition of real
property by the Redevelopment Agency of the City of San Bernardino for
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community redevelopment purposes over the property located at 701 West 5
Street, San Bernardino, California (Infinite State ? APN 0134-093-08 and 09) in
the Central City North Redevelopment Project Area.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
34. 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?
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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.)
35. 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, September 17, 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
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.
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