HomeMy WebLinkAbout12-17-2007 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, DECEMBER 17, 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 12.)
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.
112/17/2007
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).
Sibauste, Amanda Marie v. City of San Bernardino, et al. ? San
Bernardino Superior Court Case No. SCVSS 142129;
Zimmon, Garrett, Disability Retirement.
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.
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
Fire Fighters Association Local No. 891
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
212/17/2007
END OF CLOSED SESSION
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Paul Sanborn ? Board of Fire Commissioners ? Council Member
McCammack. (See Attached)
MOTION: That the appointment of Paul Sanborn to the Board of Fire
Commissioners, as requested by Council Member
McCammack, be approved.
3. Presentations.
A. 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
22 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.
312/17/2007
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: August 6, 2007, (Distributed on 12/4/07)
October 1, 2007 (Distributed on 12/4/07)
7. Claims and Payroll.
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated December 11, 2007,
from Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated December 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.
City Manager
9. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the execution of an agreement retroactive to December 1, 2007 with
William Holt for hearing officer and/or administrative law officer services. (See
Attached) (Cost to the City -- $18,000 annually from the General Fund.
All Wards
MOTION: That said resolution be adopted.
Code Enforcement
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a consultant services agreement with Raphael Rawls
for Operation Phoenix Community Liaison Services. (See Attached) (Cost to
City - $36,400 from General Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
412/17/2007
Development Services
11. San Bernardino Valley Enterprise Zone finding of compliance with the
California Environmental Quality Act. (See Attached) (No cost to the City.)
Wards 1, 2 , 3, & 6
MOTION: That the Mayor and Common Council find that the City of San
Bernardino General Plan Program Environmental Impact Report,
certified November 1, 2005, analyzes potential environmental
impacts associated with the San Bernardino Valley Enterprise
Zone designation adequately, and that no further environmental
analysis and no new mitigation measures are required to
implement the San Bernardino Valley Enterprise Zone within the
City of San Bernardino; and direct staff to file a Notice of
Determination.
12. Authorization for the Director of Development Services to amend the FY
2007/08 budget and execute Change Order No. One with Hardy & Harper, Inc.
th
for cul-de-sac street improvements on 4 Street at Mt. Vernon Avenue (SS06-
01), per Project Plan No. 11882. (See Attached) (Cost to the City - $45,660
from Special Gas Tax Fund.) Wards 1 & 3
MOTION #1: That the Director of Finance be authorized to amend the FY
2007/08 budget by transferring $32,500 from Account No. 126-
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369-5504-7582 ?Traffic Calming on 4 Street at Tiajuana Street
and Cabrera Avenue? to Account No. 126-369-5504-7581 (SS06-
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01) ?4 Street cul-de-sac at Mt. Vernon Avenue.?
MOTION #2: That the Director of Development Services be authorized to
execute Change Order No. One Hardy & Harper, Inc. in the
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amount of $45,660 for cul-de-sac street improvements on 4
Street at Mt. Vernon Avenue (SS06-01), per Project Plan No.
11882.
13. Item Deleted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
repealing Resolution No. 2007-413 and approving Amendment No. 1 to
Agreement with GFR Enterprises, Inc. for the dedication and improvement of a
4-acre park at the southwest corner of Irvington Avenue and Chestnut Avenue.
512/17/2007
(See Attached) (No cost to the City.) (Resolution not available at time of
printing.) Ward 5
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino approving Amendment No. 1 to
Agreement for Professional Services with Transtech Engineers, Inc. to provide
Program Management Services for the Santa Fe Depot Parking Structure Project
(GB04-19). (See Attached) (Cost to the City - $10,225.00 from Street
Construction Fund.) Ward 1
MOTION: That said resolution be adopted.
LAID OVER FROM DECEMBER 3, 2007
16. An Ordinance of the City of San Bernardino amending Sections 15.04.010,
15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.110,
15.04.114, 15.04.120, 15.04.125, 15.04.130, 15.04.163, 15.04.165,
15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210,
15.04.220, 15.04.221, 15.04.222, 15.04.223, 15.04.225, 15.04.230,
15.04.250, 15.10.040, 15.10.060, 15.10.080, 15.74.010 and repealing sections
15.04.055, 15.04.077, 15.04.084, 15.04.105, 15.04.116, 15.04.117,
15.04.118, 15.04.119, 15.04.133, 15.04.177, 15.04.250, 15.12.010 of the San
Bernardino Municipal Code and adopting by reference the 2007 Edition of the
California Building Standards Code, known as the California Code of
Regulations, Title 24 (CCR, T-24), incorporating the International Building
Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the Uniform
Plumbing Code 2006 Edition, the National Electrical Code, 2005 Edition; and
adopting the Uniform Housing Code, 1997 Edition, the Uniform Administrative
Code, 1997 Edition; and adopting the Uniform Housing Code, 1997 Edition, the
Uniform Administrative Code, 1997 Edition, the Uniform Code for the
Abatement of Dangerous Buildings, 1997 Edition, and amending those
California Building Standards as identified herein, through express findings of
local necessity. FINAL READING (Backup material was distributed on
December 3, 2007, Item No. 15.)
MOTION: That said ordinance be adopted.
Fire
17. 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
JEC Integration Systems for the purchase and installation of an upgraded
audio/visual system for the Fire Department?s Training Facility. (See Attached)
(Cost to the City - $23,897.81 from MMRS Grant.) All Wards
612/17/2007
MOTION: That said resolution be adopted.
Human Resources
18. Resolution of the City of San Bernardino amending Resolution No. 6413,
Sections ten, eleven, twelve, and fourteen, entitled in part ?A
Resolution?establishing a basic compensation plan??, by updating information
codifying prior council actions (General, Middle-Management, and Confidential
and Management). (See Attached) (No cost to the City.) (Resolution not
available at time of printing.)
MOTION: That the matter be continued to January 7, 2008.
19. Amendments to Side Letter agreements with General and Middle-Management
Employees Bargaining Unit; and Amendment to Resolution No. 2007-345
authorizing agreement with Management Confidential Employees.
A. Resolution of the City of San Bernardino amending Article III,
Compensation, Section 1, Salaries, of the Side Letter between the City
and General Unit Employees Bargaining Unit. (Resolution not available
at time of printing.)
B. Resolution of the City of San Bernardino amending Article III,
Compensation, Section 1, Wages, of the Side Letter between the City
and Middle-Management Employees Bargaining Unit. (Resolution not
available at time of printing.)
C. Resolution of the City of San Bernardino amending Resolution No.
2007-345, Section 2.B.2, Compensation, between the City and
Management/Confidential Employees. (Resolution not available at time
of printing.)
MOTION: That said resolutions A-C, be adopted.
Parks, Recreation & Community Services
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute Amendment No. 4 to contract 05-689
with the County of San Bernardino Human Services Department for a cost of
712/17/2007
living allowance (COLA) and a Child and Adult Care Food Program (CACFP)
adjustment, for the Head Start/Preschool Program at Delmann Heights
Community Center for FY 2007-2008. (See Attached) (Cost to City - $16,295
from Grants Fund.) All Wards
MOTION: That said resolution be adopted.
Police
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Memorandum of Understanding between the San
Bernardino City Unified School District and the City of San Bernardino. (See
Attached)
MOTION: That said resolution be adopted.
Public Services
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the issuance of a purchase order in the amount of $104,179.00 to
Burrtec Waste Industries, Inc. for commingled recyclable processing services
for the months of April, May, June and July of 2006. (See Attached) (Cost to
City - $104,179.00 from Dump/Waste Fees Fund.) (Resolution not available
at time of printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval by Legislative Review Committee on December
4, 2008 - Committee Members present: Kelley, Brinker & Derry
City Attorney
23. Resolution of the Mayor and Common Council of the City of San Bernardino
requiring all resolutions and motions to include language requiring staff to bring
back to Council for consideration all deviations, changes, and/or revisions to
directions contained in previously approved agenda items. (Document and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Recommended for approval by Ways and Means Committee on December
5, 2008 - Committee Members present: Derry, Estrada, & Johnson
City Manager
812/17/2007
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Consultant Services Agreement with Sidewalk
Strategies, a division of Tramutola LLC, to provide public information services
related to the Utility User?s Tax Rate Reduction and Modernization Ballot
Measure. (See Attached) (Cost to the City -- $77,800 from Unreserved/
Undesignated General Fund.) (Resolution not available at time of printing.)
(Item Continued on Next Page)
24. Continued.
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 adopted budget to
transfer $77,800 from the Unreserved/Undesignated General
Fund balance to Account No. 001-092-5502 (Professional/
Contractual Services).
Heard by the Grants Ad Hoc Committee on December 11, 2007 -
Committee Members present: Baxter, Brinker & McCammack
Parks, Recreation & Community Services
25. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the template letter of agreement in concept; and authorizing the City
Manager to execution a KaBOOM! Outreach Statement on behalf of the City of
San Bernardino as required for consideration for a Community-Build
Playground proposed for construction at Lytle Creek Park. (Resolution not
available at time of printing.)
MOTION #1: That said resolution be adopted; or
MOTION #2: Committee Recommendation: That the Mayor and Common
Council decline participation with the KaBOOM! Project.
Recommended for approval by Personnel Committee on December 11,
2007 - Committee Members present: Baxter and McCammack
26. Salary adjustment for Security Officers and Assistant Security Supervisor in the
Facilities Management Department. (See Attached) (Cost to the City -- $6,000
from the General Fund.)
MOTION #1: That the Mayor and Common Council approve a salary
adjustment for Security Officer, from $11.84-$14.96 per hour to
a flat rate of $18.00 per hour; and
912/17/2007
MOTION #2: That the Mayor and Common Council approve a salary
adjustment for Assistant Security Supervisor from $12.62-$17.36
per hour to a flat rate of $20.40 per hour; and
MOTION #3: That the Human Resources Department be authorized to update
Resolution No. 6413 to reflect this action.
END OF COMMITTEE CONSENT
City Attorney
27. An Ordinance of the City of San Bernardino amending the San Bernardino
Municipal Code (Development Code), to prohibit group homes and residential
care facilities for parolees and registered sex offenders in residential and
commercial land use districts, and to designate a violation of this ordinance a
misdemeanor.
MOTION: That the ordinance be referred to the Legislative Review
Committee.
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Development Services
28. Public hearing ? resolution approving annexation, resolution calling the special
election and resolution certifying the results of an election for Community
Facilities District No. 1033 ? Annexation No. 4 ? property located on the
southwesterly side of Cajon Boulevard, southeasterly of Glen Helen Parkway.
(See Attached) (No cost to the City.) 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. 4) 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. 4 of City of San Bernardino Community
Facilities District No. 1033 propositions regarding the annual levy of
special taxes within Annexation No 4 and the establishment of an
appropriations limit. (Resolution not available at time of printing.)
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.
10 12/17/2007
1033, Annexation No. 4. (Resolution not available at time of
printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A-C,
be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM DECEMBER 3, 2007
Police
29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of a purchase order to
Galls, an ARAMARK, CO., LLC, to provide employee uniforms during FY
2007-08 in an amount not to exceed $50,000 with two renewals at the City's
option. (Backup material was distributed on December 3, 2007, Item No.
21.) (Cost to the City - $35,550 from the General Fund.) All Wards
MOTION: That said resolution be adopted.
CONTINUED FROM DECEMBER 3, 2007
City Attorney
30. Draft Memorandum of Understanding with the County of San Bernardino to
provide assistance to the City of San Bernardino, Operation Phoenix Eastern
Area. (No backup material was distributed on December 3, 2007, Item No.
32.) (Document not available at time of printing.)
END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
31. Parolee Issues. (See Attached)
MOTION: That all parolee issues be referred to the Mayor?s Parolee Ad Hoc
Committee before referral to the full Council or any other
Committee.
11 12/17/2007
32. National League of Cities Congress of Cities and Exposition Update. (See
Attached) (No cost to the City.)
MOTION: That the Mayor and Common Council receive and file the update.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM DECEMBER 3, 2007
TO BE HEARD AT 4:30 P.M.
R33. Public hearing - Midterm Review and Amendment of the Five (5) Year
Implementation Plan 2004-2009 for the Agency?s eleven (11) redevelopment
project areas and IVDA Redevelopment Project Area (Housing Component).
(See Attached)
A. Resolution of the Community Development Commission of the City of
Bernardino adopting the Redevelopment Agency of the City of San
Bernardino?s (?Agency?) Midterm Review and Amendment of the Five
(5) Year Implementation Plan 2004-2009 for the Agency?s eleven (11)
redevelopment project areas (Central City North, Central City West,
State College, Southeast Industrial Park, Northwest, Tri-City, South
Valle, Mt. Vernon Corridor, 40th Street, Central City Projects Merged ?
comprised of Central City East, Central City South, Meadowbrook and
Central City Projects) and the Inland Valley Development Agency
(?IVDA?) Redevelopment Project Area (Low-Moderate Income Housing
Component).
B. Resolution of the Community Development Commission of the City of
San Bernardino adopting the Redevelopment Agency of the City of San
Bernardino (?Agency?) Midterm Review and amendment of the Five (5)
Year Implementation Plan 2004-2009 for the Agency?s Uptown
Redevelopment Project Area.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A&B,
be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
12 12/17/2007
PLANNING ITEMS
TO BE HEARD AT 4:30 P.M.
34. Appeal of the Planning Commission approval of Development Permit 3 No.
06-14 to construct a 3-story, 93-unit senior housing complex at the northwest
th
corner of Medical Center Drive and 16 Street in the CO, Commercial Office,
land use district. (See Attached) (No cost to the City.) Ward 6
(Item Continued on Next Page)
34. Continued.
Owner: Inland Desert Investment
30700 E. Sunset Drive, #S
Redlands, CA 92370
Applicant: Ricky Torres
Global Premier Development
5 Park Plaza, Suite 980
Irvine, CA 92614
Appellant: Lola Lee
1578 W. Gilbert Street
San Bernardino, CA 92411
Request/Location: Development Permit 3 No. 06-14 is a request to construct a
three-story, 93-unit senior housing complex with a recreation building on
approximately two acres of land located at the northwest corner of Medical
th
Center Drive and 16 Street in the CO, Commercial Office, land use district.
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed and that the Mayor and Common
Council deny the appeal and uphold the Planning Commission?s
approval of Development Permit 3 No. 06-14, based upon
Findings of Fact contained in the Planning Commission Staff
Report dated July 3, 2007, subject to the Conditions of Approval
and Standard Requirements (Exhibit 2); or
MOTION #2: That the hearing be closed and that the Mayor and Common
Council grant Appeal No. 07-04 and deny Development Permit
No. 06-14 in concept and continue to the next meeting to allow
Development Services to bring revised Findings of Fact to the
Council.
13 12/17/2007
END OF PLANNING MATTERS
35. 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.)
36. Adjournment.
MOTION: That the meeting be adjourned to 3:00 p.m., Tuesday, December
18, 2007, in the Management Information Center, Sixth Floor,
City Hall, 300 North ?D? Street, San Bernardino, California.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p.m., Monday, January 7, 2008, in the Council Chambers, 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
14 12/17/2007
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.
15 12/17/2007