HomeMy WebLinkAbout05-01-2006 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, MAY 1, 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 Pages 14 & 15.)
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.
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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):
Tom Gronewald, et al. v. City of San Bernardino, et al. – San
Bernardino Superior Court Case No. SCVSS 114580;
James W. Kemp v. County of San Bernardino; City of San Bernardino,
et al. – San Bernardino Superior Court Case No. SCVSS 130936;
Hassan v. City of San Bernardino et a. – United States Central District
Court Case No. EDCV 05-328 VAP.
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:
Claim filed by WLC Architects, Inc. Dated February, 7, 2006
Agenda Item No. 17
C. Conference with legal counsel – anticipated litigation – initiation of
litigation – pursuant to subdivision (c) of Government Code Section
54956.9:
Inland Empire 66ers
City v. Burrtec
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.
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(Item Continued on Next Page)
1. Continued.
F.Conference with labor negotiator – pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino Police Officers Association
G. Conference with real property negotiator – pursuant to Government Code
Section 54956.8:
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40 Street Redevelopment Project Area
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1. Property Address: 259 East 49 Street
APN 0154-126-03
Negotiating Parties: Maggie Pacheco, Executive
Director on behalf of the
Redevelopment Agency, as buyer,
and Montes D. Maribel, property
owner/seller
Under Negotiation: Purchase price, terms & conditions
END OF CLOSED SESSION
05/01/2006
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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
23, 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:
March 27, 2006 (Distributed on 4/21/06)
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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 April 20, 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 25, 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 Clerk
9. 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.
City Manager
10. Workshop concerning goals and priorities for FY 2006/07. (See Attached)
MOTION: That a workshop be scheduled for Monday, May 22, 2006 at 5:00
p.m. in the Foundation Board Room, Cal State San Bernardino.
Development Services
11. Resolution of the City of San Bernardino approving an Agreement for
Professional Architectural and Engineering Services with Owen Design Group,
Inc. for design and construction of the Santa Fe Depot Parking Structure project
(GB04-19). (See Attached) (No cost to the City -- $399,608 to be reimbursed
by FHWA and SANBAG.) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
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12. Resolution of the City of San Bernardino making application to the Local
Agency Formation Commission for providing City sewer services to property
within unincorporated territory generally located north of Cajon Boulevard and
west of Palm Avenue. (See Attached) (No cost to the City -- $1,000
processing fee paid by applicant.) (Resolution not available at time of
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printing.) 6 Ward Area
MOTION: That the Director of Development Services be authorized to
initiate proceedings for the provision of City sewer services
outside of City boundaries for property located north of Cajon
Boulevard and west of Palm Avenue; and that said resolution be
adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a Contract to Conengr Corporation for construction of ADA access
ramps and sidewalk at various locations, (SS04-65) Safe Routes to Schools, per
Plan No. 11023. (See Attached) (Cost to the City -- $375,000 from the ½
Cent Sales and Road Tax Fund.) (Resolution not available at time of
printing.) Wards 1,4,5&6
MOTION #1: That the Director of Finance be authorized to amend the FY
2005/06 budget by transferring $156,600 from Account No. 129-
367-5504-7383 (SS04-64) “Pavement Rehabilitation for Two
Lanes & 24-inch Gas Line” to Account No. 129-367-5504-7378
(SS04-65) “Safe Routes to Schools ADA Improvements at
Various Locations”; and
MOTION #2: That the Director of Finance be authorized to amend the FY
2005/06 budget by transferring $156,600 from Unallocated
Infrastructure Loan Bank Contingencies to new Account No. 240-
379-5504-7383 (SS04-64) “Pavement Rehabilitation for Two
Lanes & 24-inch Gas Line”; and that said resolution be adopted.
14. Resolution of the City of San Bernardino approving a Professional Services
Agreement with LAN Engineering Corporation to provide engineering services
for the design of Old Waterman Canyon Bridge replacement. (See Attached)
(Cost to the City -- $243,989 to be reimbursed by FEMA and OES.)
(Resolution not available at time of printing.) Ward 4
MOTION: That the matter be continued to May 15, 2006.
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15. Authorize execution of Contract Change Order No. One to the Contract with
Olivas Valdez, Inc. for street widening improvements on Palm Avenue at BNSF
Railroad Grade Crossing north of Cajon Boulevard (SS 04-04) per Plan No.
11354. (See Attached) (Additional cost to the City -- $20,668 from the ½
Cent Sales and Road Tax Fund.) Ward 6
MOTION: That the Director of Development Services be authorized to
execute Change Order No. One in the amount of $20,668 to
contract with Olivas Valdez, Inc. for street widening
improvements on Palm Avenue at BNSF Railroad Grade Crossing
north of Cajon Boulevard (SS 04-04) per Plan No. 11352.
16. Authorize execution of Contract Change Order No. One to the Contract with
David T. Wasden, Inc. for the replacement of sewer manholes at various
locations in the City of San Bernardino (SW05-08) per project Plan No. 11341.
(See Attached) (Cost to the City -- $120,272.77 from the Sewer Line
Maintenance Fund.) Ward 1
MOTION #1: That the Director of Finance be authorized to amend the FY
2005/06 budget by transferring $96,600 from the unallocated
Sewer Maintenance Fund (Fund 132) to Account No. 132-431-
5505-7472, “Replacement of Sewer Manholes at Various
Locations” (SW05-08); and
MOTION #2: That the Director of Finance be authorized to amend the FY
2005/06 Revenue and Expenses budget in the Sewer Maintenance
Fund (Fund 132) to add $23,700 from the San Bernardino
Municipal Water Department per Item 1-9 of the change order;
and
MOTION #2: That the Director of Development Services be authorized to
execute Change Order No. One in the amount of $120,272.77 to
the contract with David T. Wasden for the “Replacement of
Sewer Manholes at Various Locations” (SW05-08) per project
Plan No. 11341.
Facilities Management
17. Authorization to pay WLC Architects Inc. for value engineering and rebidding
services for the Verdemont Fire Station #232 Project, in the amount of $20,000.
(See Attached) Ward 5
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(Item Continued on Next Page)
17. Continued.
MOTION #1: That the Mayor and Common Council authorize payment of
$20,000 to WLC Architects, Inc. for additional value engineering
and design services for the Verdemont Fire Station #232 Project;
and
MOTION #2: That the Director of Finance be authorized to transfer $20,000
from salary savings in Account No. 001-325-5111 to Professional
Contract Services, Account No. 001-321-5502.
Finance
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of Finance or designee to issue a purchase order in the
amount of $53,265 to Bureau Veritas for inventory and valuation of the City’s
Infrastructure assets as required by Governmental Accounting Boards Statement
No. 34 (GASB 34). (See Attached) (Cost to the City -- $53,265 from the
General Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
19. Resolution authorizing and approving the borrowing of funds for Fiscal Year
2006-2007; the issuance and sale of a 2006-2007 Tax and Revenue Anticipation
Note therefor and participation in the California Communities Cash Flow
Financing Program. (See Attached) (Estimated net earnings to City - $77,900
to General Fund in FY 2006/2007). (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Parks, Recreation and Community Services
20. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a purchase order in the amount of $65,030 to Fleming Environmental
Inc. for the purchase and installation of playground equipment and surface
material (ADA compliant) located at Harrison Canyon Park. (See Attached)
(Cost to the City -- $65,030 from the Park Construction Fund.) (Resolution
not available at time of printing.) Ward 4
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MOTION: That said resolution be adopted.
Police
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to sign a Lease Agreement with the County of San
Bernardino Real Estate Services for offsite office space on behalf of the San
Bernardino Police Department. (See Attached) (Cost to the City -- $6,630 in
FY 2005/06, and $19,890 in FY 2006/07 from the Asset Forfeiture Fund.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
22. Resolution of the City of San Bernardino authorizing the Police Department to
submit a FY 2006 Juvenile Accountability Block Grant (JABG) application with
the California Department of Corrections and Rehabilitation and administer the
grant award. (See Attached) (No cost to the General Fund -- $10,754 from
the Federal and State Programs Fund, and $1,195 from the Asset Forfeiture
Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Public Services
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to the Purchase Order for Bryan A. Stirrat & Associates
for permits, design, and equipment acquisition to begin installation of gas
treatment system for Waterman Landfill. (See Attached) (Cost to the City --
$200,000 from the Refuse Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the April 18, 2006 meeting of the Legislative
Review Committee – Committee Members present: Kelley, Derry and
Baxter
24. An Ordinance of the City of San Bernardino amending Section 9.68.010 (A)(1)
of the San Bernardino Municipal Code relating to curfew during the City
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sponsored Market Night by adding Subsection (A)(1)(c). FIRST READING
(See Attached)
MOTION: That said ordinance be laid over for final adoption.
Recommended for approval at the April 19, 2006 meeting of the Ways and
Means Committee – Committee Members present: Derry and Johnson
25. Request for fee waivers – Home of Neighborly Services Juan Pollo – Fiesta
Route 66 Parade – May 6, 2006. (See Attached) (Cost to the City -- $3,565
from various departmental funds.) Ward 1
MOTION: That the request by the Home of Neighborly Services for a
waiver of fees in the amount of $3,565 in connection with their
Juan Pollo/Fiesta Route 66 Parade scheduled for May 6, 2006, be
approved.
Recommended for approval at the April 24, 2006 meeting of the Personnel
Committee – Committee Members present: McGinnis and Baxter
26. Reclassification and reorganization of the City Manager’s Office. (See
Attached)
MOTION #1: That the Mayor and Common Council reclassify the position of
Senior Administrative Analyst from Range 4488, $5,062-$6,153/
month to Assistant to the City Manager, Range 5443, $6,660-
$8,095/month; and
MOTION #2: That the Mayor and Common Council add one (1)
Administrative Analyst I position, Range 4440, $3,984-
$4,843/month; and
MOTION #3:That the Director of Human Resources be authorized to update
Resolution Nos. 2005-428 and 97-244 to reflect these actions.
27. Reorganization of the Mayor’s Office. (See Attached)
MOTION #1: That the Mayor and Common Council approve the reclassification
of three (3) Assistant to the Mayor I positions, Range 4488,
$5,062-$6,153/month to Assistant to the Mayor, Range 4498,
$5,321-$6,468/month in the Office of the Mayor; and
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MOTION #2: That the Mayor and Common Council delete one (1) Assistant to
the Mayor I position, Range 4488, $5,062-$6,153/month and
Assistant to the Mayor II position, Range 4507, $5,565-$6,765/
month; and
(Item Continued on Next Page)
27. Continued.
MOTION #3:That the Mayor and Common Council create the position of
Mayor’s Chief of Staff, non-salaried, in the Office of the Mayor;
and
MOTION #4:That the Director of Human Resources be authorized to update
Resolution Nos. 2005-428 and 97-244 to reflect these actions.
28. Reclassifications and reorganization of the Workers’ Compensation Division of
the Human Resources Department. (See Attached)
MOTION #1: That the Mayor and Common Council reclassify the position of
Workers’ Compensation Specialist, Range 1387, $3,059-$3,718/
month to Workers’ Compensation Adjuster, Range 1449, $4,167-
$5,065/month; and
MOTION #2: That the Mayor and Common Council reclassify the Workers’
Compensation Assistant position, Range 1342, $2,444-$2,971/
month to Workers’ Compensation Medical Only Adjuster, Range
1372, $2,838-$3,450/month; and
MOTION #3: That the Mayor and Common Council add one (1) Account Clerk
II position, Range 1331, $2,313-$2,812/month; and
MOTION #4: That the Director of Human Resources be authorized to update
Resolution Nos. 2005-428 and 97-244 to reflect these actions.
29. Reclassification and reorganization of the Finance Department. (See Attached)
MOTION #1: That the Mayor and Common Council add one (1) Account
Clerk I position, Range 1312, $2,104-$2,558/month; and
MOTION #2: That the Mayor and Common Council increase the salary range
of the Deputy Director of Finance/Budget Manager position from
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Range 4538, $6,496-$7,896/month to Range 4562, $7,322-
$8,900/month; and
MOTION #3: That the Mayor and Common Council create one (1) Financial
Analyst position, Range 3467, $4,559-$5,541/month; and
(Item Continued on Next Page)
29. Continued.
MOTION #4: That the Director of Human Resources be authorized to update
Resolution Nos. 2005-428 and 97-244 to reflect these actions.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 4:00 P.M.
30. Public meeting – formation of a Landscape Maintenance Assessment District in
the Shandin Hills Drive and Shady Creek Drive area (Tract No. 14254 – AD
1042). (See Attached) (No cost to the City -- $4,000 processing fee paid by
applicant.) Ward 5
That the public meeting be opened. . .
MOTION: That the public meeting relative to the formation of the Shandin
Hills Drive and Shady Creek Drive Area Landscape Maintenance
Assessment District No. 1042, be closed; and protests and
ballots, if any, be carried over to the public hearing on May 15,
2006, at 4:00 p.m.
CONTINUED FROM APRIL 17, 2005
TO BE HEARD AT 4:00 P.M.
31. Public hearing – Resolution authorizing execution of agreement – sale of a
portion of City Water Department owned parcel or real property generally
located southwesterly of Kendall Drive and Cajon Boulevard. (Backup
material distributed on April 17, 2006, Item No. 27.)
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. (No original resolution
was distributed on April 17, 2006.)
The hearing remains open . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM MAY 17, 2006
Fire
32. Resolution amending Resolution No. 2005-147 deleting EMS User fees; and an
ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code
(Backup material distributed on April 17, 2006, Item No. 30.)
Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution Number 2005-147 deleting EMS User Fees and
authorizing the Fire Chief to terminate the billing services agreement.
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
MOTION: That said resolution be adopted; and that said ordinance be laid
over for final adoption.
END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
33. Park Naming – Electric Avenue Heritage Park. (See Attached) Ward 4
MOTION: That the 4.68 acres of public park property located on the east
th
side of Electric Avenue, between 40 Street to the north of
Northpark Boulevard, be named Electric Avenue Heritage Park.
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34. Resolution of the Mayor and Common Council of the City of San Bernardino in
support of the Sexual Predator Punishment and Control Act of 2006 known as
Jessica’s Law. (See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
35. Council Dais Lights (See Attached)
MOTION: That the Facilities Management Department be directed to repair
and rewire the Council dais speaker indicator lights.
36. U.S. Flag Display on Memorial Day, Flag Day and Fourth of July. (See
Attached)
MOTION: That the Facilities Management Department be directed to display
the 22’ x 30’ U.S. Flag on Memorial Day, Flag Day and on
Fourth of July
Mayor’s Office
37. Resolution of the City of San Bernardino authorizing the execution of an
Agreement to employ Emil Marzullo for a two-year period as Economic and
Community Development Advisor. (Document and Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
38. Discuss and take possible action regarding a revised EMS User Fee Program.
TO BE HEARD AT 5:30 P.M.
39. Ethics workshop – EDA Boardroom – 5:30 p.m.
END OF STAFF REPORTS
05/01/2006
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COMMUNITY DEVELOPMENT COMMISSION
R40. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino to execute a one (1) year
2006 Legal Counsel Services Agreement with Lewis, Brisbois, Bisgaard &
Smith, L.L.P. (Document and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee on April 18,
2006 – Committee Members present: Estrada, McGinnis and Johnson
TO BE HEARD AT 5:00 P.M.
R41. Public hearing – recommended allocations of 2006/2007 Community
Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG)
funds, HOME funds and approval of related plans and reports. (Document not
available at time of printing.)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino 1) Approving the 2006-2007 Community Development Block
Grant (CDBG) and Emergency Shelter Grant (ESG) appropriations and
HOME categories; 2) Approving the Year 2006-2007 Consolidated
Annual Action Plan; 3) Authorizing the Mayor to execute and submit to
HUD necessary documents and take all necessary actions for the
execution of any contracts; and 4) Approving the Five (5) Year
Impediments to the Fair Housing Plan. (Resolution not available at
time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino amending the 2005-2010 Consolidated Plan and the 2005-
2006 Annual Action Plan related to prior HOME allocations for specific
affordable housing projects. (Resolution not available at time of
printing.)
Mayor to open the hearing . . .
That the matter be continued to May 15, 2006.
MOTION:
END OF COMMUNITY DEVELOPMENT COMMISSION
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42. 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.)
43. 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 15, 2006, in the Council Chambers of City Hall, 300 North “D”
Street, San Bernardino, California.
NOTICE: Any member of the public may address this meeting of the Mayor
and Common Council/Community Development Commission on any
item appearing on the agenda by approaching the microphone in the Council
Chambers when the item about which the member desires to speak is called and
by asking to be recognized.
Any member of the public desiring to speak to the Mayor and Common
Council/Community Development Commission concerning any matter not on
the agenda but which is within the subject matter jurisdiction of the Mayor and
Common Council/Community Development Commission, may address the body
at the end of the meeting, during the period reserved for public comments.
Said total period for public comments shall not exceed forty-five (45) minutes,
unless such time limit is extended by the Mayor and Common
Council/Community Development Commission. A three minute limitation
shall apply to each member of the public, unless such time limit is extended by
the Mayor and Common Council/Community Development Commission. No
member of the public shall be permitted to “share” his/her three minutes with
any other member of the public.
The Mayor and Common Council/Community Development Commission may
refer any item raised by the public to staff, or to any commission, board,
bureau, or committee for appropriate action or have the item placed on the next
agenda of the 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
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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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