HomeMy WebLinkAbout03-01-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 1, 2004 - 3:00 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:
Inau~ural Ceremony - 3:00 p.m.
Swearing-in ceremony for Councilman Gordon McGinnis, Councilman Chas Kelley,
Councilman Rikke Johnson, Councilwoman Wendy McCammack, City Attorney James
Penman, City Clerk Rachel Clark and City Treasurer David Kennedy.
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:
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1. Continued.
A. Conference with legal counsel - eXIstmg litigation - pursuant to
Government Code Section 54956.9(a):
Alice Thomas & Allean Wilson v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 098359;
People v. John Fountain - San Bernardino Superior Court Case No.
SCVSS 102357;
People v. Macedonia Missionary Baptist Church, et al. - San Bernardino
Superior Court Case No. SCVSS 102885;
Charles Swain v. City of San Bernardino, et al. - San Bernardino
Superior Court Case NO. SCVSS 69794.
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:
Neighbors of San Manuel Tribe v. City
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City v. San Manuel Band of Serrano Mission Indians
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.
(Item Continued on Next Page)
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1. Continued.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
1. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
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03/01/2004
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
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 nonnal
sequence on the agenda. Infonnation concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
18, 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/Community Development
Commission, be waived.
6. Council Minutes.
MOTION: That the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form: February 2, 2004 (Distributed on 2/19/04)
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7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated February 17, 2004,
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 February 25, 2004 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.
Development Services
9. Resolution of the City of San Bernardino making application to the Local
Agency Formation Commission of the County of San Bernardino for the
annexation of 4180 N. "E" Street, generally located at the southwest corner of
48th Street and "E" Street. (See Attached) (No cost to the City.) (Resolution
not available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
10. Authorize execution of Change Order No. Three to contract with Holland-Lowe
Construction, Inc. for Tippecanoe A venue and Laurelwood Drive widening
(Phase II) per Plan No. 10373A. (See Attached) (Cost to the City -- $9,960.51
from the Street Construction Fund.) Ward 3
MOTION: That the Director of Development Services be authorized to
execute Change Order No. Three in the amount of $9,960.51 to
contract with Holland-Lowe Construction, Inc. for Tippecanoe
Avenue and Laurelwood Drive widening (Phase II) per Plan No.
10373A.
Facilities Mana~ement
11. Authorize rejection of all bids and solicitation of new bids for the design/build
of Americans with Disabilities Act (ADA) restroom improvements at five fire
stations. (See Attached) (No cost to the City.) Wards 4,5&6
(Item Continued on Next Page)
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11. Continued.
MOTION: That the Mayor and Common Council authorize the Purchasing
Manager to reject all bids received for RFQ F-04-040
Design/Build of ADA Restroom Improvements at five fire
stations, and authorize the Purchasing Manager to solicit new
bids.
Human Resources
12. Authorize amendment to implementation of the proposed Parks, Recreation and
Community Services Department Reorganization. (See Attached) (No
additional cost to the City.)
MOTION #1: That the Mayor and Common Council increase the salary range
for Athletic Field Maintenance Specialist from salary Range 2401
($3280-$3987) to salary Range 2407 ($3380-$4108); and
MOTION #2: That the Mayor and Common Council increase the salary range
for Park Project Supervisor from salary Range 2425 ($3697-
$4494) to salary Range 2431 ($3809-$4630); and
MOTION #3: That the Human Resources Department be directed to update
salary Resolution No. 2003-271.
13. Resolution of the City of San Bernardino to provide a Retirement Enhancement
Program to eligible employees through membership in the Public Agency
Retirement System (PARS) Trust. (See Attached) (Cost to the City -- $148,500
from the General Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation and Community Services
14. Resolution of the City of San Bernardino authorizing the Purchasing Manager
of the City of San Bernardino to award a purchase order with Skylogix for
purchase and installation of athletic field lighting controllers. (See Attached)
(Cost to the City -- $98,500 from the Park Construction Fund.) (Resolution
not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
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Police
LAID OVER FROM FEBRUARY 17, 2004
15. An ordinance of the City of San Bernardino amending Municipal Chapter 8.81
to include Section 8.81.045 establishing a requirement that alarm businesses
notify the Police Department of each alarm installation and that allows the City
of San Bernardino to invoice alarm businesses for installation and monitoring
service transfer fees. FINAL READING (Backup material distributed on
January 20, 2004, Item No. 36; item was continued to February 2, 2004,
Item No. 33; item was continued to February 17, 2004, Item No. 27.)
MOTION: That said ordinance be adopted.
16. Resolution of the City of San Bernardino approving the destruction of certain
obsolete records by the San Bernardino Police Department. (See Attached) (No
cost to the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
17. A Resolution authorizing an increase to an annual purchase order, with two (2)
single year renewal options, to Tee of California for the purchase of specific
equipment parts and supplies for the Public Services Refuse Fleet utilized by the
Public Services Department Fleet Division. (See Attached) (Cost to the City --
$33,000 from the Motor Pool Fund.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Nixon-Egli Equipment
Company for adapting an existing dump truck to a P-B Uni-body Asphalt Patch
Truck. (See Attached) (Cost to the City -- $53,000 from the Sewer Line
Maintenance Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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COMMITTEE CONSENT
Recommended for approval at the Grant Ad Hoc Committee meetin~ on
February 10, 2004 - Committee Members Present: McCammack and
Anderson
City Administrator
19. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting the 2004 Comprehensive Economic Development Strategy (CEDS).
(See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Le~islative Review Committee meetin~
on February 18, 2004 - Committee Members Present: Lon~ville and
McGinnis
Council Office
20. Resolution of the Mayor and Common Council of the City of San Bernardino
supporting a statewide ballot initiative to require voter approval before state
government may take local tax funds. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
21. Public hearing - authorize execution of a sales and purchase agreement for City
property located at the southwest corner of 7th Street and Harris Street. (See
Attached) (No cost to the City.) Ward 1
Resolution of the City of San Bernardino directing and authorizing the execution
of a sales and purchase agreement and the execution of a grant deed for the sale
of City-owned property generally located at the southwest corner of 7th Street
and Harris Street in the City of San Bernardino. (Resolution not available at
time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
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03/01/2004
CONTINUED ITEMS
Development Services
CONTINUED FROM FEBRUARY 17, 2004
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an agreement with Watson & Associates for
grading of Campus Parkway between Kendall Drive and Northpark Boulevard.
(Backup material was distributed on February 17, 2004, Item No. 12.)
Ward 5
MOTION: That the matter be continued to April 5,2004
Police
CONTINUED FROM FEBRUARY 17, 2004
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to submit an application to accept the FY 03/04 Incentive
Block Grant. (New Staff Report Attached) (Backup material was distributed
on February 17, 2004, Item No. 19.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
24. Resolution of the Mayor and Common Council of the City of San Bernardino
providing for the appointment of a Mayor Pro Tempore on a rotation basis and
rescinding Resolution No. 2003-81. (Document and Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
City Clerk
25. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630 (c)( 1).
MOTION: That the Mayor and Common Council confirm the need for
continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
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03/01/2004
Council Office
26. Legislative Task Force update.
Development Services
27. Ordinances amending Chapter 8.80 of the San Bernardino Municipal Code
penaining to the protection and regulation of the City's stonn drainage
system. (See Attached)
A. Urgency Ordinance amending Chapter 8.80 of the San Bernardino
Municipal Code penaining to the protection and regulation of the
City's stonn water drainage system and declaring the urgency thereof.
URGENCY (Ordinance not available at time of printing.)
MOTION: That said urgency ordinance be adopted.
B. An Ordinance amending Chapter 8.80 of the San Bernardino
Municipal Code penaining to the protection and regulation of the
City's stonn water drainage system. FIRST READING (Ordinance
not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
END OF STAFF REPORTS
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03/01/2004
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, MARCH 1, 2004 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
Heard at Le~islative Review Committee meetin~ on February 23, 2004 -
Committee Members Present: Lon~ville and McGinnis
TO BE HEARD AT 7:00 P.M.
CONTINUED FROM FEBRUARY 17, 2004
28. Public hearing - Development Code Amendment No. 03-04 - to allow an
electronic message center sign for auto dealerships subject to a conditional use
permit and Conditional Use Permit No. 03-03 to construct an electronic message
center sign at the Center Auto Plaza - located a 1388 South "E" Street.
(Backup distributed on February 17, 2004, Item No. 31.) (No cost to the
City.) Ward 3
An Ordinance of the City of San Bernardino modifying Chapter 19.22 (Sign
Regulations) of the San Bernardino Municipal Code (Development Code) related
to electronic sign requirements for auto dealerships. FIRST READING
The hearing remains open . . .
MOTION: That the hearing be closed; that the ordinance be laid over for
final adoption; and that Conditional Use Permit No. 03-03 be
approved based upon the Findings of Fact contained in the
Planning Commission Staff Report (Exhibit B), subject to the
Conditions of Approval (Exhibit B, Attachment E).
END OF PLANNING ITEMS
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03/01/2004
29. 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.)
30. 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, March 15, 2004, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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03/01/2004
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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