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HomeMy WebLinkAbout09-05-2006 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 TUESDAY, SEPTEMBER 5, 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. 09/05/2006 1 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). 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 City of Riverside/Gage Canal Company 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. (Item Continued on Next Page) 09/05/2006 2 1. Continued. G. Conference with real property negotiator – pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 396 North “E” Street, San Bernardino APN: 0134-221-45 and 46 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Central City Commerce Center; Nick Coussoulis and wife; Dr. Jerome T. Taurek and wife; Marie Jay, property owners/sellers Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 09/05/2006 3 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 35, 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: July 10, 2006 (Distributed on 8/30/06) July 24, 2006 (Distributed on 8/29/06) 09/05/2006 4 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 10, 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 30, 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 21, 2006 City Manager 9. 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. FINAL READING (Backup material distributed on August 21, 2006, Item No. 29.) MOTION: That said ordinance be adopted. City Manager 10. Resolution of the Mayor and Common Council of the City of San Bernardino, California, consenting to the designation of the San Bernardino Regional Water Resources Authority as the non-federal sponsor for the study project to be undertaken by the U.S. Army Corps of Engineers. (See Attached) (Cost to the City – none for this action.) All Wards MOTION: That said resolution be adopted. 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment Number 4 to the Cooperative Agreement between the City of San Bernardino and the San Bernardino Associated Governments (SANBAG) for the San Bernardino Santa Fe Depot Rehabilitation Project, Contract No. 04-040. (See Attached) (No cost to the City -- $8,063,775 in funding will become available from SANBAG to be used toward the construction of the Metrolink Parking Structure if Amendment No. 4 is approved.) (Resolution not available at time of printing.) Ward 1 09/05/2006 5 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mandel E. Himelstein and the City of San Bernardino for hearing officer and/or administrative law officer services. (See Attached) (Cost to the City -- $18,000 annually from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That the Mayor and Common Council appoint Mandel E. Himelstein as an Administrative Law Officer until August 31, 2008 pursuant to Chapter 9.92 of the Municipal Code; and that said resolution be adopted. 13. Item Deleted. 14. Item Deleted. Development Services 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 Ohio Avenue and Pine Avenue 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. 1047; 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 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 Ohio Avenue and Pine Avenue area (Tract No. 16547), to be known as Assessment District No. 1047; and that said resolution be adopted. 16. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, “A resolution… designating certain streets, or portions thereof as through highways…” and establishing a four-way stop at the intersection of 09/05/2006 6 Grant Avenue and “J” Street. (See Attached) (Cost to the City -- $1,500 from the General Fund.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute all Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with the California Department of Transportation. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Finance 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Vendor Services Agreements for the provision of photocopier equipment, supplies and maintenance with the following vendors: Advanced Copy Systems; Canon Business Solutions; Burtronics Business Systems; Ikon Office Solutions; Toshiba America Business Solutions; Konica- Minolta Business Solutions and Xerox Corporation. (See Attached) (Costs for these services have been budgeted in the adopted FY 06/07 Budget.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Fire 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an Agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino’s sphere of influence from July 1, 2006, through June 30, 2011. (See Attached) (Revenue to the City -- $487,000 for FY 06/07.) All Wards MOTION #1: That said resolution be adopted. MOTION #2: That the Mayor and Common Council reclassify three (3) Firefighter P-1 positions ($4,824-$6,102) to Paramedic/ Firefighter P-2 ($5,572-$6,973); and MOTION #3: That the Mayor and Common Council approve three (3) Paramedic/Firefighter P-2 positions, to begin employment on January 3, 2007, ($5,572-$6,973); and 09/05/2006 7 MOTION #4: That the Human Resources Department be directed to update Resolution No. 6429, Section Three, to reflect this action; and (Item Continued on Next Page) 19. Continued. MOTION #5: That the Director of Finance be authorized to amend the FY 2006/2007 adopted budget and transfer $335,900 from the General Government budget (Account No. 001-092-5502) to various Fire Department personnel and operating accounts as outlined in the staff report dated August 17, 2006, from Michael J. Conrad, Deputy Fire Chief. Human Resources 20. Resolution implementing a Memorandum of Understanding between the City of San Bernardino and the employees in the Middle-Management Bargaining Unit and a resolution for salary adjustments. (See Attached) A. Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Middle Management bargaining unit of the City of San Bernardino represented by San Bernardino Public Employees’ Association. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Ten, Eleven, Twelve & Fourteen, entitled in part “A Resolution … establishing a basic compensation plan …”; by updating information codifying prior Council actions (General, Mid-Management, and Confidential & Management). (Cost to the City -- $173,100 in FY 2006/2007.) (Resolution not available at time of printing.) MOTION: That the matter be continued to September 18, 2006. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Purchase Order No. 206413 to Sucaba Company, Inc. for a total purchase order amount not to exceed $35,400.00. (See Attached) (Cost to the City -- $42,000 [$13,000 from the Liability Insurance Fund and $29,000 from the Workers Compensation Fund].) (Resolution not available at time of printing.) 09/05/2006 8 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to pay Sucaba approximately $10,400 from available funds in FY 2005/06 Professional/Contractual Services, Account No. 678-452-5502. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Purchase Order No. 999362 to Insurance Overload Staffing for a total purchase order amount not to exceed $32,400.00. (See Attached) (Cost to the City -- $7,400 from the Workers Compensation Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to pay Insurance Overload Staffing approximately $7,400 from available funds in FY 2005/06 Professional/ Contractual Services, Account No. 678-452-5502. 23. Resolution approving a Side Letter to Resolution No. 2006-291, Amendment to Article VI, Section 5, of the Memorandum of Understanding between the City of San Bernardino and employees in the Police Safety Employees’ bargaining unit represented by the San Bernardino Police Officers’ Association (SBPOA). (See Attached) (No cost to the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 24. 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, the County of San Bernardino Department of Community Development and Housing, and the Authority for the Handicapped to provide facility improvements at the Center for Individual Development (C.I.D.) main building, annex, and the north Norton Center using County CDBG funds. (See Attached) (No cost to the City -- $181,500 from County CDBG funds.) (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 2006/2007 adopted budget and increase Account No. 001-325-5706 by $181,500 and the 09/05/2006 9 offsetting revenue Account No. 001-000-4901 by $181,500 to reflect the County CDBG reimbursement to be received. 25. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of a grant application for administration of the Retired Senior Volunteer Program (RSVP) for the period October 1, 2006 through September 30, 2007. (See Attached) (Grant revenue in the amount of $58,436; cost to the City $41,300 in match funds and $17,492 in in-kind services.) All Wards MOTION: That said resolution be adopted. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute Amendment No. 2 to the Agreement for Consultant Services for the CAPS Program between the City and the San Bernardino Unified School District. (See Attached) (Additional CAPS grant funding in the amount of $2,500.) All Wards MOTION: That said resolution be adopted. 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of the Parks, Recreation and Community Services Department to execute Amendment No. 4 to the Agreement for consultant services for the CAPS Program between the City and the San Bernardino Unified School District. (See Attached) (Additional CAPS grant funding in the amount of $11,500.) All Wards MOTION: That said resolution be adopted. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of the Parks, Recreation and Community Services Department to execute Amendment No. 5 to the Agreement with the San Bernardino City Unified School District, to provide contractual services for 09/05/2006 10 seventeen (17) CAPS Before & After-School Recreation Programs at school district sites for the period October 1, 2006 through June 30, 2007. (See Attached) (Grant funding in the amount of $348,601.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 29. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of Amendment No. 4 of the Senior Nutrition Contract through the County of San Bernardino Department of Aging and Adult Services (DAAS) for senior nutrition services for the period of July 1, 2006 through June 30, 2007. (See Attached) (No cost to the City -- $214,771 in grant funding to the City.) All Wards MOTION: That said resolution be adopted. 30.Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Services Agreement between the City of San Bernardino and Coast Soccer League to provide management services at the San Bernardino Soccer Complex. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 31. Resolution of the Mayor and Common Council authorizing a Service Agreement with Wackenhut Corporation to provide jail staffing per Bid F-07-03 in an amount not to exceed $362,200 for FY 2006-07 with three optional renewal years. (See Attached) (Cost to the City -- $362,200 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 32. Resolution of the City of San Bernardino authorizing the execution of a purchase order to Chaparral Motorsports for the purchase of nine 2005 Honda ST1300P police motorcycles, to be utilized by the Police Department. (See Attached) (Cost to the City -- $136,918.98 [$76,066.10 from grant funding, and $60,852.88 from the Motor Pool Fund].) MOTION: That said resolution be adopted. 09/05/2006 11 33. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to continue participation as a member of the United States Department of Justice, Drug Enforcement Administration (DEA) Task Force. (See Attached) (No additional cost to the City.) MOTION: That said resolution be adopted. 34. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application by the Police Department for a Driving Under the Influence (DUI) mini grant from the State of California Office of Traffic Safety in the amount of $25,460.32. (See Attached) (No cost to the City -- $25,460.32 in grant funding.) All Wards MOTION: That said resolution be adopted. 35. Item Deleted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Legislative Review Committee meeting on August 22, 2006 – Members Present: Kelley, Baxter and Derry 36. Resolution of the Mayor and Common Council requiring all City contractors to comply with the requirements of the Immigration Reform and Control Act of 1986, Title 8 U.S.C. Sections 1324a and 1324b, prohibiting the hiring of unauthorized aliens, as a condition of all City Public Works and professional services contracts, and all other City contracts for goods and services. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS Development Services TO BE HEARD AT 4:00 P.M. 09/05/2006 12 37. Public hearing – resolution authorizing execution of a Right of Way Contract, grant deed and easement deed for City property located northeasterly of Scenic Drive, easterly of Valley View Drive and approving the sale to the State of California. (See Attached) (No cost to the City.) Ward 3 (Item Continued on Next Page) 37. Continued. Resolution of the City of San Bernardino directing and authorizing the execution of a Right of Way Contract, grant deed and easement deed and approving the sale of City property generally located northeasterly of Scenic Drive and easterly of Valley View Drive, in the City of San Bernardino, to the State of California. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. CONTINUED FROM AUGUST 21, 2006 City Manager TO BE HEARD AT 4:00 P.M. 38. Public hearing – resolution setting various City fees. (New Staff Report Attached) (Item continued from August 21, 2006, Item No. 27.) A Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino; amending Resolution 89-471 and Resolution 91-148; and repealing Resolution No. 2005-147, Resolution 2006- 147, Resolution 93-171, Resolution 91-469, Resolution 92-344, and Resolution No. 90-154. (Resolution not available at time of printing.) The hearing remains open . . . MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM AUGUST 21, 2006 09/05/2006 13 Development Services 39. 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. (Backup material distributed on August 21, 2006, Item No. 13.) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 40. 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. (Backup material distributed on August 21, 2006, Item No. 19.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 41. 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. (Backup material distributed on August 21, 2006, Item No. 23.) MOTION: That the matter be tabled. END OF CONTINUED ITEMS STAFF REPORTS Development Services 42. Resolution of the City of San Bernardino adopting the four-year Capital Improvement Program (2006-2010) for Measure “I” local expenditures. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF STAFF REPORTS 09/05/2006 14 COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. R43. Public hearing – resolution of public interest and necessity for acquisition of real nd property at 1108 West 2 Street – Belichefsky. (Document not available at time of printing.) Ward 1 (Item Continued on Next Page) R43. Continued. 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 located at 1108 West 2nd Street, San Bernardino, California (Belichefsky – APN: 0138-301-07) in the Uptown Redevelopment Project Area. (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 COMMUNITY DEVELOPMENT COMMISSION 44. 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.) 45. Adjournment. MOTION: That the meeting be adjourned. 09/05/2006 15 NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, September 18, 2006, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 09/05/2006 16 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. 09/05/2006 17