HomeMy WebLinkAbout07-02-2007 Jt. Reg Mtg Agenda pp Mayor Patrick L Morris
1 CITY OF SAN BERNARDINO Council Members:
Esther Estrada
300 N. "D" Street Dennis J. Baxter
San Bernardino, CA 92418 Tobin Brinker
Website: www.sbcity.org Neil Derry
Chas Kelley
San Bernar 'no 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, JULY 29 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.
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.
1 07/02/2007
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):
Frank Ingram, et al. v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 05-00925 VAP (SGLx);
Manta Management v. City of San Bernardino - California Supreme
Court Docket No. S144492.
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, et al. (Paradise
Hills)
Claim of Maria Laura Martinez
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
2 07/02/2007
RECONVENE MEETING - 3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
A. Sandra Kurkoske - Mobile Home Board - Mayor Morris.
B. Steven Oquendo - Mobile Home Board - Member at Large - Mayor
Morris.
MOTION: That the appointments of Sandra Kurkoske and Steven
Oquendo, as requested by Mayor Morris, 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
40 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.
3 07/02/2007
6. Council Minutes
MOTION: That the minutes of the meeting(s) of the Mayor and Common
Council/Community Development Commission of the City of San
Bernardino, be approved as submitted in typewritten form:
April 16, 2007 (Distributed on 6/13/07)
May 7, 2007 (Distributed on 6/25/07)
June 7, 2007 (Distributed on 6/25/07)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated June 20, 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 June 29, 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.
Animal Control
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute an Animal Housing Services
Agreement by and between the City of San Bernardino and the City of Grand
Terrace from July 1, 2007 through June 30, 2010. (See Attached) (Revenue to
the City --- $8,400 in FY 07/08.)
MOTION: That said resolution be adopted.
10. Item Deleted.
11. Item Deleted.
4 07/02/2007
City Manager
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an Agreement with the City of San Bernardino and Western
Regional Little League Baseball for financial assistance from the Civic and
Promotion Fund for FY 2007/08. (See Attached) (Cost to the City -- $5,000
in direct funding, and $38,396 in indirect funding from the General Fund.)
Ward 5
MOTION: That said resolution be adopted; that direct funding in the amount
of $5,000 from the FY 2007/08 civic and promotion fund be
approved; that indirect funding in the amount of $38,396 be
transferred from the FY 2007/08 civic and promotion fund to
various City departmental accounts as listed in the attached staff
report from Fred Wilson, dated June 7, 2007; and that a waiver
of fees and use of City personnel and equipment be authorized in
the conduct of their 2007 tournament season.
13. Item Deleted.
LAID OVER FROM JUNE 18, 2007
Development Services
14. An Ordinance of the City of San Bernardino adding Section 19.22.080(7) and
amending Section 19.22.150 of the San Bernardino Municipal Code
(Development Code) related to signage requirements for the San Bernardino
International Airport and Alliance California Specific Plan Area. FINAL
READING (Backup material distributed on June 18, 2007, Item No. 45.)
MOTION: That said ordinance be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Grand Pacific Contractors, Inc. for construction of ADA
access ramps and sidewalks at various locations (Phase VII) - 2005/06 (SS-B),
per Project Plan No. 11501. (See Attached) (Cost to the City -- $335,000
from the 1/2 Cent Sales and Road Tax Fund.) All Wards
MOTION: That said resolution be adopted.
5 07/02/2007
16. 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 Cajon Boulevard and University
Parkway 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. 1057;
preliminarily approving the Engineer's Report and giving notice of a public
hearing. (See Attached) (No cost to the City -- $4,000 processing fee paid
by applicant.) Ward 6
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
University Parkway and Cajon Boulevard Area (Parcel Map No.
17375), to be known as Assessment District No. 1057; and that
said resolution be adopted.
17. Resolution of the City of San Bernardino declaring its intention to order 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 applicant.) Ward 5
MOTION: That said resolution be adopted.
18. A Resolution of the Mayor and Common Council of the City of San Bernardino
declaring its intention to authorize the annexation of territory (Annexation No.
2) to Community Facilities District No. 1033, for Tentative Parcel Map No.
17052 located on Industrial Parkway between Cable Creek and Devil's Creek
Flood Control Channels and adopting an annexation map showing the territory
of Annexation No. 2. (See Attached) (Cost to the City -- $5,900 from the
General Fund.) Ward 6
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under Chapter 2.5, Part 1, Division 2, Title
5 of the Government Code of the State of California, as amended,
with Community Facilities District No. 1033 Annexation No. 2,
Tentative Parcel Map No. 17052 (Subdivision No. 04-35) and
Development Permit II No. 04-54, located on Industrial Parkway
between Cable Creek and Devil's Creek Flood Control Channels;
and that said resolution be adopted.
6 07/02/2007
19. Resolution of the City of San Bernardino authorizing an additional funding
allocation to Hall & Foreman, Inc. and AEI-CASC Engineering, Inc. D.B.A.
AEI-CASC Consulting for on-call plan review services. (See Attached) (Cost
to the City -- $550,000 from the Special Deposits Fund.) All Wards
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a Reimbursement Agreement with Opus West
Construction Corporation for traffic signal, interconnect, and bus stop
improvements at Hospitality Lane, Carnegie Drive and Tippecanoe Avenue.
(See Attached) (Cost to the City - $190,800 from various funds.)
(Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
21. Set Capital Improvement Program (CIP) Workshop for Monday, July 16, 2007
at 5:00 p.m. in the Economic Development Agency Boardroom - to review the
5-Year Capital Improvement Program - Fiscal Years 2007/08 - 2011/12. (See
Attached)
MOTION: That a Capital Improvement Program (CIP) Workshop be set for
Monday, July 16, 2007, at 5:00 p.m. in the Economic
Development Agency Board Room to review the 5-Year Capital
Improvement Program - Fiscal Years 2007/08 - 2011/12.
Facilities Management
22. Resolution of the Mayor and Common Council of San Bernardino authorizing
the City Manager to execute an Amendment to the Consultant Services
Agreement with URS Corporation dba URS Corporation Americas, pursuant to
Municipal Code Section 3.04.01013.3, to provide seismic hazard assessment
services for San Bernardino City Hall. (See Attached) (Additional cost to the
City - $12,000 from the General Fund.) (Resolution not available at time
of printing.) Ward 1
MOTION: That said resolution be adopted.
7 07/02/2007
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement with and issuance of a purchase
order to ACH Mechanical Contractors, Inc. for the replacement of the HVAC
system at Galaxy Gymnasium. (See Attached) (Cost to the City -- $160,000
from the Parks Construction Fund.) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
Fire
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino Fire Department to extend the
Agreement with Advanced Data Processing, Inc to provide billing services for
EMS and Paramedic Membership Program Fees from July 1, 2007 through June
30, 2008. (See Attached) (Cost to the City -- $150,000 from the General
Fund.)
MOTION: That said resolution be adopted.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
approving an amendment to Resolution No. 2004-82, which is a side letter to
Resolution No. 1999-154, for full-time, regular, active Fire Safety Employees.
(See Attached)
MOTION #1:That said resolution be adopted; and
MOTION #2:That the Mayor and Common Council approve six (6) firefighter
P-1 positions, to begin employment on May 1, 2008, ($5,002-
$6,337); and
MOTION #3:That the Human Resources Department be authorized to update
Resolution No. 6429, Section Three, to reflect this action; and
MOTION #4:That the Director of Finance be authorized to amend the FY
2007/08 Fire Department budget and transfer $180,000 in salary
savings (Account No. 001-202-50XX - Salaries & Benefits) to
Fire Department Station Maintenance account (Account No. 001-
202-5507 - Facilities Services).
26. Item Deleted.
8 07/02/2007
27. Item Deleted.
Information Technology
28. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to award a purchase order for maintenance
for Police Document Imaging System Workflow Software and scanning station
hardware/software with Avrio Corporation of Glendale, CA. (See Attached)
(Cost to the City -- $59,524 from the Information Technology Fund.)
MOTION: That said resolution be adopted.
29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to award a purchase order for Police
vehicle safety lighting and siren equipment with Federal Signal Corp. of
University Park, IL. (See Attached) (Cost to the City - $130,600 from the
Information Technology Fund.)
MOTION: That said resolution be adopted.
30. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to award an annual purchase order and
Service Agreement for the City's 800 MHz voice/data backbone, MDC
maintenance, dispatch console maintenance, and user equipment maintenance
with the County of San Bernardino's 800 MHz Group. (See Attached) (Cost to
the City -- $758,608 from the Information Technology Fund.)
MOTION: That said resolution be adopted.
31. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to award a purchase order for maintenance
services from Tiburon Inc. of Pleasanton, California. (See Attached) (Cost to
the City -- $155,670 from the Information Technology Fund.)
MOTION: That said resolution be adopted.
9 07/02/2007
Parks, Recreation & Community Services
32. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute Amendment No. 17 to the Agreement
between the City and Casa Ramona, Inc. relating to the operation of a drop-in
center located at 1524 West 7' Street, San Bernardino, California, to extend the
term of the Agreement for an additional one year period and ratifying all action
taken between July 1, 2007 and the date that the Resolution is executed. (See
Attached) (Cost to the City -- $50,800 from the General Fund.) Ward 1
MOTION: That said resolution be adopted.
33. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute Amendment No. 4 to the Services
Agreement between the City of San Bernardino and New Hope Missionary
Baptist Church to provide community services at the New Hope Family Life
Center. (See Attached) (Cost to the City -- $100,000 from the General
Fund.) Ward 6
MOTION: That said resolution be adopted.
34. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the execution of Amendment No. 3 to the Head Start Contract with the
County of San Bernardino Department of Human Services to provide pre-school
services for the period of July 1, 2007 through June 30, 2008 and ratifying all
action taken between July 1, 2007 and the date that the Resolution is executed.
(See Attached) (Cost to the City -- $298,565 in grant funding; $67,629 in-
kind match from the City.) Ward 6
MOTION: That said resolution be adopted.
35. Item Deleted.
Public Services
36. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and purchase order in the amount of
$350,000.00 with one one-year extension at the City's option, between the City
of San Bernardino and Nelson Paving and Grading Corporation (NPG), for
miscellaneous street repairs throughout the City of San Bernardino. (See
Attached) (Cost to the City -- $350,000.00 from the General Fund and the
Gas Tax Fund.) All Wards
(Item Continued on Next Page)
10 07/02/2007
36. Continued.
MOTION: That said resolution be adopted.
37. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of Finance to amend the FY 06-07 budget by
transferring $342,000.00 into Account Number 527-413-5179 in order to
balance out this account, and to increase Purchase Order Number 300476 in the
amount of $20,000.00 between the City of San Bernardino and Inland Regional
Material Recovery Facility (IRMRF) pursuant to 3.04.010133, of the Municipal
Code for transfer trash disposal fees. (See Attached) (Cost to the City --
$342,000 from the Refuse Fund.) All Wards
MOTION: That said resolution be adopted.
38. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to annual Purchase Order Number 207326 in the amount
of $24,000.00 between the City of San Bernardino and the County of San
Bernardino Solid Waste Management Division pursuant to 3.04.010133, of the
Municipal Code for street sweeping and street dumps disposal fees. (See
Attached) (Cost to the City -- $24,000 from the Refuse Fund.) All Wards
MOTION: That said resolution be adopted.
39. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and increase to a purchase order to
McCray Enterprises of San Bernardino pursuant to Section 3.04.010 B-3 of the
Municipal Code to refurbish two (2) automated refuse trucks including a new
Labrie Automizer refuse body to be utilized by the Public Services Department
Refuse Division. (See Attached) (Additional cost to the City -- $20,670 from
the Refuse Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 Refuse budget to
appropriate $20,700 from the unappropriated Refuse Fund
balance into Account No. 527-412-5173, Outside Vehicle
Maintenance.
11 07/02/2007
SBETA
40. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute Consultant Services Agreements by and
between the City of San Bernardino and ERISS Corporation, a California
Corporation, to perform a SBETA Labor Market Survey and a SBETA Web
Based Applications / Tools and Workforce Reference System pursuant to
Municipal Code Section 3.04.010B.3. (See Attached) (Cost to the City --
$85,500 from the Federal and State Programs fund.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Heard at the Personnel Committee Meeting on June 26, 2007 - Committee
Members present: Baxter and Brinker
41. Ban the Box Review - Information Only. (See Attached)
MOTION: That no further action be taken on "Ban the Box"; and that the
Mayor and Council concur with the changes to the City's
employment application as recommended in the Staff Report from
Linn Livingston, Human Resources Director, dated June 22,
2007.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
CONTINUED FROM JUNE 4, 2007
Development Services
42. Resolution of the City of San Bernardino noticing a public hearing relative to the
formation of Underground Utility District No. 34, generally located along
portions of 3`d Street, between Waterman Avenue and a point 205 feet east of
the centerline of Shirley Avenue, in the City of San Bernardino. (Backup
material distributed on June 4, 2007, Item No. 10.)
MOTION: That the matter be tabled.
12 07/02/2007
CONTINUED FROM JUNE 189 2007
Mayor's Office
43. Resolutions establishing the San Bernardino Bicentennial Ad Hoc Committee for
the purpose of planning the celebration of the 200` Anniversary of the founding
of San Bernardino. (New Staff Report Attached) (Backup material
distributed on June 18, 2007, Item No. 25.)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino establishing the San Bernardino Bicentennial Ad Hoc
Committee of 19 members with two alternates for the purpose of
planning the celebration of the 200' Anniversary of the Founding of San
Bernardino. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
OR
B. Resolution of the Mayor and Common Council of the City of San
Bernardino establishing the San Bernardino Bicentennial Ad Hoc
Committee of nine members with two alternates for the purpose of
planning the celebration of the 200` Anniversary of the Founding of San
Bernardino. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
CONTINUED FROM JUNE 18, 2007
Police
44. Resolution of the City of San Bernardino authorizing the City Manager or his
designee to execute the sale of two Kawasaki Police motorcycles (as equipped,
minus City radios) to the San Bernardino County Sheriff's Emergency Vehicle
Operations Center (EVOC) to be used as training motorcycles for basic and
instructor police motorcycle classes. Theses motorcycles are identified as Unit
#1005 (VIN #JKAKZCP28ZB519662, a 2002 Kawasaki) and Unit #1006 (VIN
#JKAKZCP2XYB517713, a 2000 Kawasaki). (Backup material distributed
on June 18, 2007, Item No. 32.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
13 07/02/2007
STAFF REPORTS
City Manager
45. Discuss and take possible action concerning public opinion survey results and
possible November 2007 ballot measure to modernize the City's Utility Tax
ordinance. (See Attached)
MOTION: It is recommended that the Mayor and Council consider and
provide direction concerning which option to place before the
voters, and direct the City Manager to work with the City
Attorney's Office to prepare a draft revision of the UUT
ordinance, along with other necessary documents, in order to
place the matter on the November 2007 ballot.
TO BE HEARD AT 5:00 P.M.
Finance
46. Workshop for budget deliberations for FY 2007/08 in the Economic
Development Agency Boardroom. (See Attached)
Resolution of the Mayor and Common Council approving and adopting the City
of San Bernardino's Final Budget for Fiscal Year 2007/2008 and establishing
the City's Appropriation Limit as required by Article XXIII B of the California
State Constitution. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Fire
47. Discuss and take possible action concerning the Fire Department Inspection fees
for non-profit senior apartments. (See Attached)
MOTION: That the Fire Chief be directed to implement the
recommendations as indicated on the attached Staff Report from
Michael Conrad, dated June 27, 2007.
END OF STAFF REPORTS
14 07/02/2007
48. 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.)
49. 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, July 16, 2007, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
15 07/02/2007
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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