HomeMy WebLinkAbout08-21-2006 Reg. Agenda
Mayor Patrick J. Morris
CITY OF SAN BERNARDINO
Council Members:
Esther Estrada
300 N. “D” Street
Dennis J. Baxter
San Bernardino, CA 92418
Vacant
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, AUGUST 21, 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 10 & 11.)
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.
08/21/2006
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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):
Culberson v. City of San Bernardino – San Bernardino Superior Court
Case No. SCVSS 131199;
Juventino Flores v. Garcia & Emon – United States District Court Case
No. EDCV 05-505 SGL (JTLx).
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.
C. Conference with legal counsel – anticipated litigation – initiation of
litigation – pursuant to subdivision (c) of Government Code Section
54956.9:
Declaratory Relief Action: City v. County Registrar of Voters
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
08/21/2006
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RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Council Member McCammack – Inland Valley Development Agency
(IVDA) – Mayor Morris
B. Council Member McCammack – San Bernardino International Airport
Authority (SBIAA) (Alternate member) – Mayor Morris
C. Council Member Johnson – San Bernardino Associated Governments
(SANBAG) (Alternate member) – Mayor Morris
MOTION: That the appointments of Council Member McCammack
as a member of the Inland Valley Development Agency
and as an alternate member of the San Bernardino
International Airport Authority, and Council Member
Johnson as an alternate member of the San Bernardino
Associated Governments, as requested by Mayor Morris,
be approved.
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
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MOTION: That the motions indicated by consent calendar items 5 through
24, be adopted except for ____, ____, ____, ____, and ____.
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common Council and Community Development
Commission, be waived.
6. Council Minutes.
MOTION: That the minutes of the following meeting(s) of the Mayor and
Common Council/Community Development Commission be
approved as submitted in typewritten form:
June 20, 2006 (Distributed 8/15/06)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated August 2, 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 August 16, 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.
LAID OVER FROM AUGUST 7, 2006
City Manager
9. An Ordinance of the City of San Bernardino imposing a General Transactions
and Use Tax to be administered by the State Board of Equalization pursuant to
Revenue & Taxation Code Sections 7251 et seq., subject to voter approval, and
providing for sunset of the tax, and the creation of a Citizen’s Oversight
Committee. FINAL READING (Ordinance was distributed at the meeting
of August 7, 2006, Item No. S4.)
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MOTION: That said ordinance be adopted.
Development Services
10. Resolution of the Mayor and Common Council of the City of San Bernardino
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awarding a contract to R. J. Noble Company for pavement rehabilitation on 5
Street from Waterman Avenue to Tippecanoe Avenue (SS06-38) and Waterman
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Avenue from 5 Street to 9 Street (SS04-145), per Project Plan No. 11726.
(See Attached) (Cost to the City -- $800,000 from the Gas Tax Fund.)
Ward 1
MOTION: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Oak Engineering, Inc., for traffic signal improvements at
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5 Street and “F” Street (TC04-16); 30 Street and “E” Street (TC04-17);
Highland Avenue and “E” Street (TC04-21), per Project Plan No. 11176. (See
Attached) (Cost to the City -- $460,000 from the Traffic Systems
Construction Fund and HHES Grant.) Wards 1,2&7
MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
approving On-call Construction Inspection Services Agreement with Caltrop
Corporation for provision of professional public works construction inspection
services. (See Attached) (Cost to the City -- $128,000 from the General Fund
and various Capital Improvement Project Accounts.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/2007 adopted Development
Services budget and transfer $64,000 from Account No. 001-183-
50xx (salary and benefit savings from two vacant construction
inspector positions) to Account No. 001-183-5502 (professional
contractual costs).
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a Cooperative Agreement with the County of San
Bernardino and the San Bernardino City Unified School District for the
installation of a flashing yellow beacon device, signing and markings for a
crosswalk located on Lynwood Drive at Merito Avenue, adjacent to Del Vallejo
Middle School. (See Attached) (Cost to the City -- $10,000 from the Traffic
Systems Construction Fund.) Ward 4
MOTION: That said resolution be adopted.
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14. Resolution of the City of San Bernardino declaring its intention to order the
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vacation of the north-south alley, west of Mount Vernon Avenue, north of 5
Street. (See Attached) (No cost to the City -- $1,200 processing fee paid by
petitioner.) Ward 1
MOTION: That said resolution be adopted.
15. Reject all bids for the installation of park improvements at Meadowbrook Park,
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northwest corner of 2 Street and Sierra Way (PR06-04) per Project Plan No.
11490. (See Attached) (No cost to the City.) Ward 1
MOTION: That the Mayor and Common Council reject all bids for the
installation of park improvements at Meadowbrook Park,
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northwest corner of 2 Street and Sierra Way (PR06-04) per
Project Plan No. 11490.
16. Authorize execution of Contract Change Order No. One to a contract with
Hillcrest Contracting, Inc., for street improvements on Third Street at the
Historic Santa Fe Depot – Phase 1 (SS04-34), per Project Plan No. 11300. (See
Attached) (Cost to the City -- $116,000 from the ½-cent Sales and Road Tax
Fund.) Ward 1
MOTION: That the Mayor and Common Council authorize the Director of
Development Services to execute Change Order No. One in the
amount of $101,031.04 to contract with Hillcrest Contracting,
Inc. for street improvements on Third Street at the Historic Santa
Fe Depot – Phase I (SS04-34), per Project Plan No. 11300.
17. Authorize execution of Contract Change Order No. One to a contract with
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J.D.C., Inc. for construction of sidewalk at Medical Center Drive from 19
Street to Highland Avenue, Phase VIII – 2005/06 (SS-B), per Plan No. 11684
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and Project No. SS05-04 “Broadmoor Boulevard/30 Street/Waterman Avenue
Safety Sidewalk.” (See Attached) (Cost to the City -- $30,000 from the Gas
Tax Fund.) Wards 6&7
MOTION: That the Mayor and Common Council authorize the Director of
Development Services to execute Change Order No. One in the
amount of $29,650 to a contract with J.D.C., Inc. for
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construction of sidewalk at Medical Center Drive from 19 Street
to Highland Avenue, Phase VIII – 2005/2006 (SS-B), per Plan
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No. 11684, and Project No. SS05-04 “Broadmoor Boulevard/30
Street/Waterman Avenue Safety Sidewalk.”
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Human Resources
18. Resolution of the City of San Bernardino implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the Police
Safety Employees’ Bargaining Unit of the City of San Bernardino represented
by San Bernardino Police Officers’ Association (SBPOA). (See Attached)
(Cost to the City -- $626,700 from the General Fund.)
MOTION: That said resolution be adopted; and that the Mayor and Common
Council authorize the Director of Finance to amend the FY
2006/07 adopted budget and transfer $634,700 from the General
Government budget, Account No. 001-092-5011, to the Police
Department budget (various personnel line items).
Parks, Recreation and Community Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an agreement between the City of San
Bernardino and Major League Softball, Inc. for adult baseball and adult softball
services for a three year period of September 1, 2006 through August 31, 2009.
(See Attached) (Anticipated revenue to the City in the amount of $10,000
annually.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the submittal of an application to the California Department of
Health Services, for the California Nutrition Network grant in the amount of
$285,810 for the three-year period of October 1, 2006 through September 30,
2009. (See Attached) (Grant award -- $285,810 over a three-year period;
cost of in-kind support from the General Fund -- $181,418 in FY 06/07.)
All Wards
MOTION: That said resolution be adopted.
Police
21. Resolution of the City of San Bernardino authorizing the execution of a purchase
order to Callaway Motorsports for the purchase of nine 2005 Honda ST1300P
police motorcycles, to be utilized by the Police Department. (See Attached)
(Cost to the City – Cost of five motorcycles is grant funded ($83,227.45);
cost of four units ($66,581.96) is from the Motor Pool Fund.)
All Wards
MOTION: That said resolution be adopted.
08/21/2006
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Public Services
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Fairview Ford for twenty (20)
2007 Autocar WX64 Chassis complete with thirteen Labrie Automated
Sideloader Refuse Bodies, four McNeilus Rolloff Refuse Bodies and three
McNeilus Frontloader Refuse Bodies; and authorizing the Purchasing Manager
to solicit lease-purchase rate quotes and award a lease-purchase to the lowest
responsible leasing company. (See Attached) (Cost to the City –
$5,774,723.32 plus lease costs from the Refuse Fund.) All Wards
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to American Asphalt South, Inc.
for completion of the Fiscal Year 2006-07 Slurry Seal Program. (See Attached)
(Cost to the City -- $320,000 from the Gas Tax Fund.) All Wards
MOTION: That said resolution be adopted.
Water
24. A Resolution of the Mayor and Common Council of the City of San Bernardino,
successor to the South San Bernardino County Water District, assessing
properties within the previous District boundaries in the amount of $15,812.50
for the Fiscal Year 2006/2007. (See Attached) (No cost to the Department
for this action.) Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Personnel Committee meeting on August
17, 2006 – Members present: McCammack and Baxter
25. Resolution of the City of San Bernardino awarding a Service Agreement and an
annual purchase order in an amount not to exceed $45,000 to The Counseling
Team International. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Mayor and
Common Council authorize the Director of Finance to pay The
Counseling Team International $17,225 from available funds in
FY 2005/06 contractual services, Account No. 678-452-5502.
END OF COMMITTEE CONSENT
08/21/2006
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PUBLIC HEARINGS
Mayor’s Office
TO BE HEARD AT 4:00 P.M.
26. Public hearing – resolution naming the park to be developed on Pine Avenue in
the Verdemont area Norm Johnson Memorial Park, rescinding Resolution No.
2003-193, and renaming that segment of State Street University Parkway. (See
Attached) (No cost to the City.) Ward 5
Resolution of the Mayor and Common Council of the City of San Bernardino
naming the park to be developed on Pine Avenue in the Verdemont area Norm
Johnson Memorial Park, rescinding Resolution No. 2003-193, and renaming the
portion of State Street, from 270 feet north of Highland Avenue to its proposed
southerly extension to Foothill Boulevard, to University Parkway.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
City Manager
TO BE HEARD AT 4:00 P.M.
27. Public Hearing – Resolution setting various City fees (Document not available
at time of printing.)
A Resolution of the City of San Bernardino establishing certain fees for services
furnished by the City of San Bernardino, and repealing Resolution No. 2005-
147. (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the matter be continued to September 5, 2006, at 4:00 p.m.
in the City Hall Council Chambers.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM AUGUST 7, 2006
Council Office
28. Legislative update. (Item continued from August 7, 2006, Item No. 24.)
END OF CONTINUED ITEMS
08/21/2006
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STAFF REPORTS
City Manager
29. An Ordinance of the City of San Bernardino amending Chapter 3.44 of the San
Bernardino Municipal Code concerning reduction in the Service User’s Tax
(Utility Tax) rate. FIRST READING (See Attached) (Cost to the City --
$300,000 potential revenue reduction annually) All Wards
MOTION: That said ordinance be laid over for final adoption.
Mayor’s Office
30. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a certain Memorandum of Understanding in connection with an
application to the State of California for the designation of an Enterprise Zone
within a portion of its territorial jurisdiction. (See Attached) (No cost to the
City for this action.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
R31. Hearing – resolution of public interest and necessity for acquisition of real
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property – 770 West 5 Street (Najera/Cantoran) (See Attached) 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
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community redevelopment purposes over the property located at 770 West 5
Street, San Bernardino, California (Najera/Cantoran – APN: 0134-054-26) in
the Central City North Redevelopment Project Area.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
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R32. Resolutions supporting the construction by the State of California of a new
Justice Center and Courthouse facility. (See Attached)
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino supporting the construction by the State of California of a
new Justice Center and Courthouse facility (“Project”) and the
contribution of the necessary land owned by the Redevelopment Agency
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of the City of San Bernardino located at 247 East 3 Street, downtown
San Bernardino, within the Central City East Redevelopment Project
Area, to facilitate development of the Project.
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino declaring its intent to transfer certain land owned by the
Redevelopment Agency of the City of San Bernardino located at 247
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East 3 Street, downtown San Bernardino, within the Central City East
Redevelopment Project Area, to the State of California to facilitate the
development and construction by the State of California of a new Justice
Center and Courthouse facility.
MOTION: That said resolutions A and B, be adopted.
Recommended for approval at the Redevelopment Committee meeting on
August 8, 2006 – Committee members present: Estrada, Johnson and
Baxter
R33. Termination of the Creative Housing Solution Old Towne Single-family
Residential Acquisition and Construction Grant Agreement – Central City North
Redevelopment Project Area (Old Towne). (See Attached)
Resolution of the Community Development Commission of the City of San
Bernardino approving the termination of the 2003 Old Towne Single-family
Acquisition and Construction Grant Agreement between Creative Housing
Solutions, Inc. and the Redevelopment Agency of the City of San Bernardino
(“Agency”) and authorizing the Executive Director of the Agency to execute the
Termination Agreement.
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
08/21/2006
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34. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute
limitation shall apply to each member of the public who wishes to address the
Mayor and Common Council/Community Development Commission on a matter
not on the agenda. No member of the public shall be permitted to “share”
his/her three minutes with any other member of the public. (Usually any items
heard under this heading are referred to staff for further study, research,
completion and/or future Council/Commission action.)
35. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Tuesday, September 5, 2006, in the Council Chambers of City Hall, 300 North
“D” Street, San Bernardino, California.
08/21/2006
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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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