HomeMy WebLinkAbout04-17-2006 Reg. Agenda
Mayor Patrick J. Morris
Council Members:
CITY OF SAN BERNARDINO
Esther Estrada
Dennis J. Baxter
300 N. “D” Street
Gordon McGinnis
San Bernardino, CA 92418
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, APRIL 17, 2006 – 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.
04/17/2006
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CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and Community
Development Commission recess to closed session for the
following:
A. Conference with legal counsel – existing litigation – pursuant to
Government Code Section 54956.9(a):
Sequenta Lawrence v. City of San Bernardino, et al. – United States
District Court Case No. EDCV 04-00336;
San Bernardino City Professional Firefighters Union, Local 891, et al. v.
Larry Pitzer, et al. – United States District Court Case No. CV 00473
VAP (SGL);
Hickman v. City of San Bernardino – San Bernardino Superior Court
Case No. SCISS 122422;
Abdullah, et al. v. City of San Bernardino Valley Municipal Water
District – San Bernardino Superior Court Case No. SCVSS 126706;
Adams v. City of San Bernardino and San Bernardino Valley Municipal
Water District – San Bernardino Superior Court Case No. SCVSS
126708;
H. Roger Wang and Vivine Wang v. Wal-Mart Real Estate Business
Trust, Wal-Mart Stores, Inc., LSA Associates, Inc., Hall & Foreman,
Inc., Harold Garcelon, City of San Bernardino, California Department of
Transportation – San Bernardino Superior Court Case No. SCVSS
129158;
Center for Biological Diversity (Petitioner) v. City of San Bernardino;
Common Council of the City of San Bernardino, and Judith Valles,
Mayor of the City of San Bernardino (Respondents); American
Development Group, Inc. (Real Property in Interest) – San Bernardino
Superior Court Case No. SCVSS 132463;
Phillip Gonzalez v. City of San Bernardino; Filberto Rodriguez, et al. –
San Bernardino Superior Court Case No. SCVSS 125528;
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Rosario Aguilar v. City of San Bernardino – San Bernardino Superior
Court Case No. SCVSS 115557.
1. Continued.
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:
1. Ramon Hernandez v. City, Agenda Item No. 33
2. Reese Aplin (Panacea Investment Corp.) v. City, Agenda
Item No. 34
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:
Police Officers Association
G. Conference with real property negotiator – pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
04/17/2006
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RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
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
26, 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 of the Mayor and
Common Council/Community Development Commission be
approved as submitted in typewritten form:
February 21, 2006 (Distributed on 3/23/06)
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated March 31, 2006,
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 April 11, 2006 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 Attorney
LAID OVER FROM APRIL 3, 2006
9. An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California repealing and replacing San Bernardino Municipal Code
Section 8.82.050 of Chapter 8.82 regarding recovery of expenses for
extraordinary law enforcement services. FINAL READING (Backup
material distributed on April 3, 2006, Item No. 21.)
MOTION: That said ordinance be adopted.
City Clerk
10. 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.
11. Approve change in regular meeting dates of the Mayor and Common Council
and Community Development Commission for the month of July 2006. (See
Attached) (No cost to the City.)
MOTION: That the Mayor and Common Council and the Community
Development Commission approve changing the regular meeting
dates of the Mayor and Common Council and Community
Development Commission for the month of July 2006, from July
3 & 17 to July 10 & 24, 2006.
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Development Services
12. Resolution of the City of San Bernardino approving an agreement for Services
with Jacobson & Wack for the provision of professional planning consulting
services for the Development Code Updates. (See Attached) (Cost to the City -
- $75,000 from the General Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Parcel Map No. 17174, located on the west side of
Tippecanoe Avenue between Hospitality Lane and Brier Drive in the CR-3,
Commercial Regional – Tri-City/Club land use district, accepting the public
dedications as set forth on said map. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Tract Map No. 17524, located on the north side of
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7 Street between San Carlo Avenue and San Anselmo Avenue in the RS,
Residential Suburban land use district, accepting the public dedications as set
forth on said map; and authorizing execution of the standard form of agreement
for the improvements in said subdivision, with time for performance specified.
(See Attached) (No Cost to the City.) (Resolution not available at time of
printing.) Ward 6
MOTION: That said resolution be adopted.
15. 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 Shandin Hills Drive and Shady
Creek Drive 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. 1042;
preliminarily approving the Engineer’s Report and giving notice of a public
meeting and public hearing. (See Attached) (No cost to the City -- $4,000
processing fee paid by applicant.) (Resolution not available at time of
printing.) Ward 5
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(Item Continued on Next Page)
15. Continued.
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 Shandin
Hills Drive and Shady Creek Drive area (Tract No. 14254), to be
known as Assessment District No. 1042; and that said resolution
be adopted.
16. Resolution of the City of San Bernardino determining the amount of property
tax revenues to be exchanged between and among the City of San Bernardino
and the County of San Bernardino resulting from the jurisdictional change
described by LAFCO 3049 for the annexation of unincorporated territory,
generally located north of Highland Avenue, east of Golden Avenue, to be
known as Annexation No. 359. (See Attached) (No cost to the City.)
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(Resolution not available at time of printing.) 7 Ward area
MOTION: That said resolution be adopted.
17. Resolution of the City of San Bernardino authorizing and directing the execution
of a quitclaim deed to Richmond American Homes of California, Inc., for
abandoned waterlines located generally southwesterly of Northpark Boulevard
and southeasterly of Campus Parkway. (See Attached) (No cost to the City for
this action.) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
Information Technology
18. Resolution of the City of San Bernardino authorizing the purchase of 74
Motorola XTS 5000 portable radios. (See Attached) (Cost to the City --
$216,603. From the Federal and State Programs Fund.) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted.
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Police
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to increase the annual purchase order for
threat level II ballistic vests (Adamson Police Products #206391) from $32,000
to $50,000 for FY 05/06 with two remaining optional renewal years. (See
Attached) (Additional cost to the City -- $18,000 from the General Fund.)
(Resolution not available at the time of printing.) All Wards
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the purchase of a replacement SWAT/CBRNE vehicle for the Police
Department from Los Angeles Freightliner in Fontana, CA and the conversion
of the vehicle by Mattman Company in Escondido, CA. (Document and
Resolution not available at time of printing.) (Cost to the City --
$192,731.00 from various Grant and General Fund accounts.) All Wards
MOTION #1: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2005/06 budget, as necessary to
move all funds into Account Object 5701 (Motor Vehicles) for
each funding source so that all funds will be capitalized under the
SWAT/CBRNE vehicle.
Public Services
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an increase to an annual purchase order, with three
(3) single year renewal options, to Arata Equipment for the purchase of specific
Labrie Equipment parts and supplies utilized by the Public Services Fleet
Division. (See Attached) (Cost to the City -- $40,000 from the Motor Pool
Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2005/06 Fleet and Refuse budgets
as discussed in the staff report dated March 24, 2006, from Ken
Fischer, Director of Public Services, to reflect the additional
$40,000 in supplies and parts costs.
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22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase of an annual purchase order to POMA Distributing
Company, Inc., for automotive, heavy truck and heavy equipment lubricants.
(See Attached) (Cost to the City -- $10,000 from the Motor Pool Fund.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2005/06 Fleet budget as discussed
in the staff report dated March 24, 2006, from Ken Fischer,
Director of Public Services, to reflect the additional $10,000 in
lubricant costs.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to an annual purchase order to Hydraforce Inc., for the
manufacture and repair of hydraulic cylinders and supplies for the Public
Services Refuse Fleet, utilized by the Public Services Department Fleet
Division. (See Attached) (Cost to the City -- $12,000 from the Motor Pool
Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2005/06 Fleet and Refuse budgets
as discussed in the staff report dated March 24, 2006, from Ken
Fischer, Director of Public Services, to reflect the additional
$12,000 in hydraulic cylinder repair costs.
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to an annual purchase order, to “Y” Tires of Los
Angeles for new and recapped tires, tubes and related repair services for City
vehicles and equipment, to be utilized by the Fleet Division. (See Attached)
(Cost to the City -- $76,000 from the Motor Pool Fund.) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2005/06 Fleet, Refuse, and Police
budgets as discussed in the staff report dated March 27, 2006,
from Ken Fischer, Director of Public Services, to reflect the
additional $76,000 in recap and new tire costs.
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25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the increase of combined annual purchase orders, to Fleet Pride and
McCray Enterprises for heavy duty vehicle brake and gear work, including
purchase of various related parts. (See Attached) (Cost to the City -- $26,000
from the Motor Pool Fund.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2005/06 Fleet and Refuse budgets
as discussed in the staff report dated March 28, 2006, from Ken
Fischer, Director of Public Services, to reflect the additional
$26,000 in service and parts costs.
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to an annual purchase order to Fairview Ford, for
services and materials to support the City’s light vehicle fleet. (See Attached)
(Cost to the City -- $10,000 from the Motor Pool Fund.) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2005/06 Fleet and Police budgets
as discussed in the staff report dated March 27, 2006, from Ken
Fischer, Director of Public Services, to reflect the additional
$10,000 in supplies and parts costs.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 4:00 P.M.
27. Public hearing - Resolution authorizing execution of agreement - sale of a
portion of City Water Department owned parcel of real property generally
located southwesterly of Kendall Drive and Cajon Boulevard. (See Attached)
(No cost to the City.) Ward 6
Resolution of the City of San Bernardino directing and authorizing the execution
of a Purchase and Sales Agreement and Joint Escrow Instructions and the
execution of a Grant Deed for the sale of a portion of City Water Department
owned parcel of real property generally located southwesterly of Kendall Drive
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and Cajon Boulevard in the City of San Bernardino. (Resolution not available
at time of printing.)
(Item Continued on Next Page)
27. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
STAFF REPORTS
City Attorney
28. Request for reimbursement/payment of legal fees.
MOTION: That the Mayor and Common Council allocate the sum of up to
$3,900 from the City Attorney Outside Counsel budget (Line
Item 001-051-5503) to reimburse City Attorney James F. Penman
for his payment of $3,000 to attorney Erica Tabachnick, and that
any remaining fees due Erica Tabachnick be paid to her from the
same account in an amount not to exceed $900, without further
approval of the Mayor and Common Council.
Development Services
29. Adopt a Mitigated Negative Declaration and Mitigation Monitoring/Reporting
Program for the Victoria Avenue Street Improvement and Beautification Project
and authorize the preparation of the final Plans, Specifications and Cost
Estimate for Phase I construction. (See Attached) (No cost to the City for this
action.) Ward 4
MOTION: That the Mayor and Common Council independently review,
analyze, and exercise independent judgment in reviewing the
Initial Study and adopt the Mitigated Negative Declaration, and
the Mitigated Monitoring/Reporting Program for the Victoria
Avenue Street Improvement and Beautification Project; and
authorize the preparation of the final Plans, Specifications and
Cost Estimate for Phase I construction.
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Fire
30. Resolution amending Resolution No. 2005-147 deleting EMS User fees; and an
ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code. (See
Attached)
Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution Number 2005-147 deleting EMS User Fees. (Resolution
not available at time of printing.)
Ordinance of the Mayor and Common Council of the City of San Bernardino
repealing Chapter 3.72 of the San Bernardino Municipal Code. FIRST
READING (Ordinance not available at time of printing.)
MOTION: That said resolution be adopted; and that said ordinance be laid
over for final adoption.
31. Item Deleted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 5:00 P.M.
R32. Hearing – Resolution of public interest and necessity for acquisition of real
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property – 708 and 720 West 4 Street . (Document not available at time of
printing.) Ward 1
Resolution of the Community Development Commission of the City of San
Bernardino declaring the public interest and necessity of acquisition of real
property by the Redevelopment Agency of the City of San Bernardino for
community redevelopment purposes over the property known as 708 and 720
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West 4 Street, San Bernardino, California (APN: 0134-093-45) in the Central
City North Redevelopment Project Area. (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
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END OF COMMUNITY DEVELOPMENT COMMISSION
04/17/2006
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, APRIL 17, 2006 – 6:00 P.M.
PRESENT: ___________________________________________
ABSENT: ___________________________________________
PLANNING ITEMS
TO BE HEARD AT 6:00 P.M.
33. Building Permit No. B0503040 – an appeal of the Building Official’s revocation
of a permit to construct a second dwelling unit on a 3-acre property located at
3923 W. Meyers Road in the RE, Residential Estate land use district. (See
Attached) (No cost to the City.) Ward 5
Owner/Appellant: Ramon Hernandez
2447 Ogden Street
San Bernardino, CA 92407
Mayor to open hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council deny the appeal and uphold the Building Official’s
revocation of Building Permit No. B0503040 to construct a
second dwelling unit on a 3-acre property located at 3923 W.
Meyers Road.
TO BE HEARD AT 6:00 P.M.
34. Appeal No. 06-04, an appeal of the Planning Commission determination that an
apartment building located at 1227 West Huff Street in the RS, Residential
Suburban, land use district has lost its legal non-conforming status. (See
Attached) (No cost to the City.) Ward 3
Owner/Appellant: Reese Aplin
Panacea Investment Corporation
7265 Jurupa Avenue
Riverside, CA 92504
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(Item Continued on Next Page)
34. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council deny the appeal and uphold the Planning Commission’s
determination that the apartment building located at 1227 West
Huff Street in the RS, Residential Suburban, land use district has
lost its legal non-conforming status, based on the supporting data
considered by the Planning Commission.
END OF PLANNING ITEMS
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.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, May 1, 2006, 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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