HomeMy WebLinkAbout11-03-2008 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, NOVEMBER 3, 2008 ? 1:30 P.M.
COUNCIL CHAMBERS
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management
(384-5244) two working days prior to the meeting for any requests for reasonable
accommodation to include interpreters. (Community Development Commission Items
are on pages 12 & 13.)
Any writings or documents provided to a majority of the City Council/Commission
regarding any item on the agenda will be made available for public inspection at the
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City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during
normal business hours. In addition, such writings and documents will be posted on the
City?s website at www.sbcity.org.
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
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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.
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).
Richard ?Scott? Moss, et al. v. City of San Bernardino, et al. ?
United States District Court Case No. EDCV 07-01027 SGL (Opx).
B. Conference with legal counsel ? anticipated litigation ? significant
exposure to litigation ? pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
Inland Communities Corp v. City of San Bernardino (Paradise Hills)
Two (2) cases
California Aviation Services, Inc. v. City of San Bernardino
Cal State Contract for Police Consultant
C. Conference with legal counsel ? anticipated litigation ? initiation of
litigation ? pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
D. Closed Session ? personnel ? pursuant to Government Code Section
54957:
Director of Code Enforcement
Chief of Police
Library Director
(Item Continued on Next Page)
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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
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
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
24 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.
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: September 2, 2008 (Distributed 10/23/08)
October 6, 2008 (Distributed 10/28/08)
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7. Item deleted.
8. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated October 31, 2008, 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 Clerk
9. Mayor and Common Council and Community Development Commission
Regular Meeting dates for 2009. (See Attached) All Wards
MOTION: That the Mayor and Common Council and the Community
Development Commission approve the following dates for
regular meetings of the Mayor and Common Council/Community
Development Commission for the year 2009: January 5; January
20 (Tuesday due to holiday); February 2; February 17 (Tuesday
due to holiday); March 2 and 16; April 6 and 20; May 4 and 18;
June 1 and 15; July 6 and 20; August 3 and 17; September 8
(Tuesday due to holiday); September 21; October 5 and 19;
November 2 and 16; December 7 and 21.
City Manager
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to amend the agreement between the County of
San Bernardino and the City concerning the use of Indian Gaming Special
Distribution Funds. (See Attached) Ward 4
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to transfer $398,190.82 of cash balance from the
246 Capital Improvement Fund into the SB21 Police Grant into
the 123 fund.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with the San Bernardino Symphony
Orchestra for the promotion of arts and culture. (See Attached) (Cost to the
City - $70,000 from the General Fund - Fine Arts)
MOTION: That said resolution be adopted.
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Development Services
12. 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 declaring June Place a through highway from Bronson
Street to Carmelina Street. (See Attached) (Cost to the City - $2,000 from the
General Fund - Street Maintenance) Ward 6
MOTION: That said resolution be adopted.
13. 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 declaring Leroy Street a through highway from Sierra
Way to Hill Drive and establishing a two-way stop at the intersection of Hill
Drive and LeRoy Street. (See Attached) (Cost to the City - $1,500 from the
General Fund ? Street Maintenance) Ward 4
MOTION: That said resolution be adopted.
Fire
14. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting Amendment Number One to the Emergency Ambulance Transportation
Services subcontract agreement between the City of San Bernardino and the
American Medical Response Inland Empire. (See Attached) (No Cost to the
City ? Estimated Revenue of $398,000 to go into Paramedic
Reimbursement) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2008-2009 adopted budget and
increase General Fund revenue Account No. 001-000-4881
(Paramedic Reimbursement) by a net $38,900 from $359,100 to a
new total of $398,000 and increase the Fire Department General
Fund expenditure budget in Account No. 001-201-5609-0000
(Vehicle Replacement) by $38,900 and appropriate $45,900 from
the available Fire DIFF fund balance into Account No. 262-482-
5609 (Vehicle Replacement) and do the corresponding budget
adjustments in the Fleet Fund for the purchase of a new
Paramedic Squad Vehicle as outlined in the staff report dated
October 30, 2008 from Mat Fratus, Deputy Chief.
Human Resources
15. Parks, Recreation & Community Services Department Reorganization. (See
Attached) (No Cost to the City)
(Item Continued on Next Page)
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15. Continued.
MOTION#1: That the Mayor and Common Council reclassify one (1)
Community Services Center Supervisor, Range 2420, $3,606-
$4,383 per month to Community Recreation Program Supervisor,
Range 2450, $4,188-$5,091 per month; and
MOTION#2: Delete one (1) Community Recreation Program Coordinator,
Range 1350, $2,543 - $3,092 per month; and
MOTION#3: Transfer $20,800 from Account No. 134-462-5011 (Full-time
Salary) to Account No. 134-462-5014 (Part-time Salary); and
MOTION#4: Authorize the Human Resources Department to update Resolution
Nos. 6412 and 97-244 to reflect these actions; and
MOTION#5: Authorize the Director of Finance to amend the FY 2008/09
budget to reflect these actions.
Parks, Recreation and Community Services
16. Set workshop for Monday, November 17, 2008, at 5:00 p.m. - in the Economic
Development Agency Boardroom for a presentation of the Parks, Recreation,
Trails and Open Space Master Plan. (See Attached) (No Cost to the City)
MOTION: That a workshop be set for November 17, 2008 at 5:00 p.m. in
the Economic Development Agency Boardroom for a presentation
of the Parks, Recreation, Trails and Open Space Master Plan.
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of the First Amendment to the Memorandum of
Understanding between the County of San Bernardino and the City of San
Bernardino for Operation Phoenix Eastern area. (See Attached) (No Cost to the
City) Ward 7
MOTION: That the Director of Finance be authorized to amend the FY
2008/09 adopted budget (both expenditures and revenues) by
increasing the Operation Phoenix expenditure Account No. 001-
385-5706 (Alterations and Renovations) in the amount of $97,000
for use at the Operation Phoenix East facility, and to reflect the
associated revenue reimbursement of $97,000 from the County of
San Bernardino; and that said resolution be adopted.
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18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Interim City Manager to execute a KaBOOM! Outreach
Statement and Letter of Agreement with KaBOOM! for a community-build
playground to be constructed at Ruben Campos Community Center located at
Nunez Park. (See Attached) (Cost to the City - $4,600 from the Liability
Fund, Special Events) Ward 1
MOTION: That said resolution be adopted.
Police
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an addendum to the Memorandum of Understanding
between the Rialto Unified School District and the City of San Bernardino for a
School Resource Officer at Rialto High School, to provide police officers for
security at Rialto High School home football games. (See Attached) (No Cost to
the City ? Paid for by Rialto High School) Ward 3
MOTION: That said resolution be adopted.
20. Resolution of the City of San Bernardino authorizing the City Manager of San
Bernardino to execute the Crossing Guards Service Agreement with the Rialto
Unified School District for the operation of the School Crossing Guard Program
at Myers Elementary School and Kelley Elementary School by the Police
Department. (See Attached) (Cost to the City $20,520 ? of which $10,260 is
reimbursed by the District) Ward 6
MOTION: That said resolution be adopted.
Public Services
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the approval of Amendment No. 1 to the Vendor Service Agreement
and increase to Purchase Order Number 302232 by $110,000 to Fluoresco
Lighting & Signs for streetlight maintenance services. (See Attached) (Cost to
the City - $110,000 from the General Fund Professional Contractual
Services) All Wards
MOTION: That said resolution be adopted.
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22. Resolution ratifying submittal of a grant application and authorizing the City
Manager to administer the FY 07/08 MSRC funding for the On-road Alternative
Fuel Engine Program in the amount of $390,000 to assist in the purchase of (11)
LNG refuse and two LNG dump trucks to be utilized by the Public Services
Department, Street and IWM Divisions and authorizing the City Manager to
execute a contract accepting the grant. (See Attached) All Wards
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an amendment and issuance of a new contract
purchase order in the amount of $86,000 to Smithson Electric Incorporated for
additional loop replacement services, labor, and materials utilized by the Public
Services Department, Street Division. (See Attached) (Cost to the City -
$86,000 from ½-Cent Sales & Road Tax Fund) All Wards
MOTION: That the Director of Finance be authorized to amend the FY
2008/09 budget in order to create a new project number for
Routine Loop Replacement Services and transfer $86,000 from
Account No. 129-367-5504-7541 (Del Rosa/Highland Ave.) into
Account No. 129-367-5504-XXXX (Routine Loop Replacement
Services); and that said resolution be adopted.
24. 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 in
the amount of $184,100 to Haaker Equipment Company to refurbish Sewer Unit
444. (See Attached) (Cost to the City - $184,100 from the Sewer Line
Maintenance Fund) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Police Ad Hoc Committee Meeting of
October 29, 2008 ? Committee Members Present: Kelley, Brinker, Johnson
25. Discuss and take possible action concerning the provision of graffiti removal
services by City crews, and revision of the Services Agreement with Los
Padrinos for the provision of beautification services. (See Attached) All Wards
(Item Continued on Next Page)
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25. Continued.
MOTION: That the Mayor and Common Council authorize the City
Manager to begin work on this transition to a City operated
graffiti removal service, and a new agreement with Los Padrinos
for abatement and beautification services, as further outlined in
the staff report dated October 29, 2008 from Teri Baker,
Assistant to the City Manager.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
City Clerk
26. Public Hearing ? Resolution imposing liens on property located within the City
of San Bernardino for uncollected business registration fees. (See Attached) (No
Cost to the City) All Wards
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 hearing . . .
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.
CONTINUED FROM OCTOBER 20, 2008
TO BE HEARD AT 4:30 P.M.
Development Services
27. Public Hearing - Resolution Ordering Vacation of a portion of ?H? Street,
between Huff Street and College Drive (No Cost to the City) (Backup material
distributed on October 20, 2008, Item No. 23) Ward 3
Resolution of the City of San Bernardino ordering the vacation of a portion of
?H? Street, between Huff Street and College Drive and reserving utility
easements therein and an easement for emergency vehicle access.
The hearing remains open. . .
(Item Continued on Next Page)
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27. Continued.
MOTION: That the hearing be closed; that the Findings of Facts, as set forth
in the staff report dated September 22, 2008 from Valerie C.
Ross, the Director of Development Services, as to why the
portion of ?H? Street, between Huff Street and College Drive is
no longer necessary for public street purposes, be adopted; and
that said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM OCTOBER 6, 2008
City Attorney
28. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San
Bernardino Municipal Code regarding scrap metal recycling. FIRST
READING (No backup material was distributed on June 2, 2008, Item No.
31; item continued to June 16, 2008, Item No. 30; item continued to July 7,
2008, Item No. 38; item continued to August 4, 2008, Item No. 37; item
continued to August 18, 2008, Item No. 32; item continued to September 2,
2008, Item No. 32; item continued to October 6, 2008, Item No. 35) (Staff
Report and Ordinance not available at time of printing.)
MOTION: That the matter be tabled.
LAID OVER FROM OCTOBER 20, 2008
Council Office
29. An Ordinance of the City of San Bernardino amending Title 2, Administration
and Personnel, of the San Bernardino Municipal Code by amending Section
2.01.010, Mayor Pro-Tempore, by repealing Section 2.76.040, Senior Council
Member, and by amending Section 2.76.050, Assignment of Committee
Members and Designation of Committee Chairpersons. FINAL READING
(Backup material distributed October 6, 2008, Item No. 41; New Ordinance
distributed October 20, 2008, Item No. 25)
MOTION: That said ordinance be adopted.
END OF CONTINUED ITEMS
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COMMUNITY DEVELOPMENT COMMISSION
R30. Agency Staff Presentation ? Presentation on the update of the San Bernardino
Downtown Core Vision/Action Plan (See Attached) Ward 1
MOTION: That the Community Development Commission of the City of
San Bernardino receive and file the PowerPoint Presentation/
Report.
TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee Meeting on
October 9, 2008 ? Committee Members Present: Estrada, Baxter, Johnson
R31. Joint Public Hearing ? Amendment No. 4 to the Waterman Holdings, LLC,
2004 Disposition and Development Agreement (Central City East
Redevelopment Project Area). (See Attached) Ward 1
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to the disposition of certain real property by the
Redevelopment Agency of the City of San Bernardino (?Agency?) to
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Waterman Holdings, LLC (4 and Waterman Avenue ? APN: 0135-191-
17) (Central City East Redevelopment Project Area).
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino (?Agency?) to
Waterman Holdings, LLC, and authorizing the Interim Executive
Director of the Agency to execute Amendment No. 4 to the 2004
Disposition and Development Agreement, as amended, between the
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Agency and Waterman Holdings, LLC (4 Street and Waterman Avenue
? APN: 0135-191-17) (Central City East Redevelopment Project Area).
Mayor to open hearing . . .
MOTION: That the hearing be closed; and that said Resolutions A and B be
adopted.
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Recommended for approval at the Redevelopment Committee Meeting on
September 18, 2008 ? Committee Members Present: Estrada, Baxter,
Johnson
R32. California Housing Foundation, Inc., a non-profit 501(c)(3) organization ? 2008
Low and Moderate Income Housing Funds Loan and Grant Property Acquisition
Agreement for the benefit of the developmentally disabled adults. Ward 5
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino (?Agency?) to execute
the 2008 Low and Moderate Income Housing Funds Loan and Grant Property
Acquisition Agreement by and between the Agency and California Housing
Foundation, Inc., for the benefit of the developmentally disabled adults.
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
STAFF REPORTS
City Attorney
33. Request for payment of legal fees. (Staff Report not available at time of
printing)
END OF STAFF REPORTS
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?
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, November 17, 2008, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
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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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