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HomeMy WebLinkAbout04-07-2008 Reg. Agenda ~" Mayor Patrick J. Morris CITY OF SAN BERNARDINO council Members: 3~~ N. "D „Street Esther Estrada Dennis J. Baxter San Bernardino, CA 92418 Tobin Bunker WebSlte: WWW.Sl7Clly.Org Neil Derry • p Chas Kelley San Bernardino Rikke Van Johnson sM Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 7, 2008 - 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 18. ) 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. 1 04/07/2008 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): Steven Williams v. City of San Bernardino, and Jason King -United States District Court Case No. CV 07-00511 VAP (Opx); Dennis Jackson; Indes Williams; Vanessa Weaver, as Guardian ad litem for Anada Jackson, a minor; Shanell Williams, as Guardian ad litem for Chris Jackson Jr., a minor; the Estate of Christopher Jackson v. City of San Bernardino & Officer Steve Carrizales -San Bernardino Superior Court Case No. CIVSS 800797; Garrett Warren v. City of San Bernardino & Sergeant Gary Schulke - United States District Court Case No. ED CV 08-0072 VAP (Opx) James Lewis v. County of San Bernardino, City of San Bernardino, San Bernardino Sheriff's Department, Martin Andrew Lozano - San Bernardino Superior Court Case No. CIVSS 801605; Steve G. Desrochers, et al. v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. 141192; Cora Constructors, Inc. v. City of San Bernardino Municipal Water Department -San Bernardino Superior Court Case No. CIVSS 803484; Danuta Tuszynska v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. CIVSS 705138; Robert Wiles v. City of San Bernardino, et al. -United States District Court Case No. EDCV 0701165 VAP (Opx). 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. One Case 2 04/07/2008 1. Continued. 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. G. Conference with real property negotiator -pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 450 North "E" Street APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency, Scott Bailey on behalf of CinemaStar Luxury Theaters, Inc., and Mike Ross on behalf of SB 20, LLC Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 3 04/07/2008 RECONVENE MEETING - 3:00 P.M. PRESENT: ABSENT: 2. Appointments. A. A. Jay Munoz -Planning Commission -Mayor Morris. (See Attached) B. Richard McInnis -Historical Preservation Commission -Mayor Morris. (See Attached) C. Mark Ocegueda - Community Development Citizens Advisory Committee -Mayor Morris. (See Attached) D. Lance Durr -Alternate -Planning Commission -Mayor Morris. (See Attached) E. Andree Robinson-Neal -Historical Preservation Commission -Council Member Derry. (See Attached) F. Velia Marquez -Fine Arts Commission -Council Member Estrada. (See Attached) MOTION: That the appointments A-F, as request by Mayor Morris, and Council Members Derry and Estrada, be approved. 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 39 be adopted except for ,and 4 04/07/2008 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 (See Attached) MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: March 3, 2008 (Distributed on 4/1/08) 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 13, 2008, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. MOTION: That the personnel actions, as submitted by the Interim Chief Examiner, dated April 2, 2008 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 Manager 9. Set a public hearing for Monday, April 21, 2008, at 4:00 p.m. in the City Hall Council Chambers to discuss the adjustment of various user fees and the establishment of new user fees. MOTION: That a public hearing be set for Monday, April 21, 2008, at 4:00 p.m. in the City Hall Council Chambers to discuss the adjustment and establishment of various user fees. City Council 10. Resolution in Support of the Men and Women in Law Enforcement and Blue Ribbon Week. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 5 04/07/2008 LAID OVER FROM MARCH 17, 2008 Code Enforcement 11. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California amending San Bernardino Municipal Code adding a new Chapter 15.26 entitled Single Family Rental Property Inspection Program. FINAL READING (Backup material was distributed on March 17, 2008, Item No. 24.) MOTION: That said ordinance be adopted. 12. Resolution of the City of San Bernardino objecting to the May 2008 tax sale of properties with City assessments. (See Attached) (No Cost to City.) All Wards MOTION: That said resolution be adopted. Development Services 13. A Resolution of the Mayor and Common Council of the City of San Bernardino declaring its intention to authorize the annexation of territory generally located between Industrial Parkway and Cajon Boulevard, southeasterly of Palm Avenue (Annexation No. 6) to Community Facilities District No. 1033, and adopting an annexation map showing the territory of Annexation No. 6. (See Attached) (No Cost to City.) (Resolution not available at time of printing.) Ward 6 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, with Community Facilities District No. 1033 Annexation No. 6 for property consisting of an industrial development (DP II No. 07-17), located on the southwesterly side of Industrial Parkway, southeasterly of Palm Avenue (APN 0266-041-39); and that said resolution be adopted. 14. Resolution of the City of San Bernardino establishing fair market value of certain real property located on Boyd Street, north of Cluster Street, commonly known as Assessor's Parcel Numbers 0136-051-45 and 0136-051-52, relative to the expansion of the City Yards, authorizing said purchase and authorizing and directing the execution of a sales and purchase agreement; and repealing Resolution No. 2008-39. (See Attached) (No Cost to City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 6 04/07/2008 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 Cajon Boulevard and Glen Helen Parkway 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. 1064; preliminarily approving the Engineer's Report and giving notice of a public hearing. (See Attached) (No Cost to City.) Ward 6 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with establishment of a landscape maintenance assessment district in the Cajon Boulevard and Glen Helen Parkway Area, to be known as Assessment District No. 1064; and that said resolution be adopted. 16. Item Deleted. 17. 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 afour-way stop at the intersection of Rialto Avenue and Meridian Avenue. (See Attached) (Cost to City - $2,000 from General Fund.) Wards 3&6 MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 17695, located on the southwest corner of 48`~ Street and "E" Street 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 City.) Ward 4 MOTION: That said resolution be adopted. Mayor's Office 19. Resolution of the Mayor and Common Council authorizing the execution of a contract between the City of San Bernardino and the County of San Bernardino for Public Health Nursing Services in the Operation Phoenix Target Areas. (See Attached) (Cost to City - $45,877 from the General Fund.) All Wards MOTION: That said resolution be adopted. 7 04/07/2008 Police 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the City of San Bernardino and its Police Department and California Highway Patrol for assistance with major crimes at State buildings. (See Attached) (No Cost to City.) All Wards MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Ariel General Contractor for the demolition and resurfacing of locker room showers in an amount not to exceed $46,775.49. (See Attached) (Cost to City - $46,775.49 from General Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Public Services 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Amendment No. 1 to the Vendor Service Agreement and increase Purchase Order Number 301361 in the amount of $52,000 with Zumar Industries, Inc., for the purchase of traffic signs. (See Attached) (Cost to City - $52,000 from General Fund, Traffic System Construction Fund, and 1/z Sales and Road Tax 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 an amendment and issuance of a purchase order in the amount of $90,500 by exercising the final year renewal option with Guzman Construction Company for the repair of sidewalks, curbs, gutters, and cross gutters at various locations throughout the City of San Bernardino. (See Attached) (Cost to City - $40,588 from General Fund and $50,000 from 1/z Cent Sales/Road Tax Fund.) Wards 2, 4, 5, 6, & 7 MOTION: That said resolution be adopted. 24. Item Deleted. 8 04/07/2008 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to Purchase Order Number 208278 by $20,000 to Chaparral Concrete Company pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of additional concrete materials. (See Attached) (Cost to City - $20,000 from the General Fund.) All Wards MOTION: That said resolution be adopted. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement amendment and increase to an annual purchase order to McCray Enterprises of San Bernardino for medium and heavy-duty equipment and truck repair, including purchase of various related parts for the City's fleet. (See Attached) (Cost to City - $30,000 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet and IWM budgets as discussed in the Staff Report dated March 20, 2008, from Ken Fischer, Director of Public Services, to reflect the additional $30,000 in service and parts costs. 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to an annual purchase order with two single year renewal options to United Transmission Exchange of San Bernardino for heavy-duty truck transmission service, repair and exchange for the City's fleet. (See Attached) (Cost to City - $17,100 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet and IWMD budgets as discussed in the Staff Report dated March 20, 2008, from Ken Fischer, Director of Public Services to reflect the additional $17,100 in outside vehicle maintenance costs. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $73,750 for the remainder of FY 07-08 and $295,000 per year for every year thereafter, with three (3) one-year extensions at the City's option between the City of San Bernardino and Jimni Systems, Inc. for lift station maintenance and repair services. (See Attached) (Cost to City - $295,000 from Unappropriated Sewer Fund Balance.) Wards 1, 3 & 5 (Item Continued on Next Page) 9 04/07/2008 28. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007-08 adopted Public Services budget and transfer $73,750 for the remainder of FY 2007-08 and $295,000 per year, for every year thereafter, from the Unappropriated Sewer Fund Balance into Account No. 132-431- 5505 (Other Professional Services). 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of one 2008 F-450 4X4 Crew Cab Utility Truck to be utilized by the Fire Department. (See Attached) (Cost to City - $44,567.65 from the General Fund.) All Wards MOTION: That said resolution be adopted. 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of twenty-seven (27) 2008 Ford Crown Victoria Police Interceptors utilized by the Police Department; and authorizing the Finance Director or her designee to solicit lease-purchase rate quotes and award alease-purchase to the lowest responsible leasing company. (See Attached) (Cost to City - $746,469.81 from Fleet Services Fund plus lease costs.) All Wards MOTION: That said resolution be adopted. 31. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and increase to an annual purchase order with two single year renewal options to HREM Inc. for the manufacture and repair of hydraulic cylinders and supplies to be utilized by the Public Services Department Fleet Division. (See Attached) (Cost to City - $11,000.00 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted; and that the Director Finance be authorized to amend the FY 2007/08 Fleet and IWM Division budgets as discussed in the Staff Report dated March 25, 2008, from Ken Fischer, Director of Public Services, to reflect the additional $11,000 in service and parts costs. 10 04/07/2008 32. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to an annual purchase order with two single year renewal options to HREM Inc. for the fabrication and repair of refuse truck bodies and floors to be utilized by the Public Services Department Fleet Division. (See Attached) (Cost to City - $25,100 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet and IWM Division budgets as discussed in the Staff Report dated March 13, 2008, from Ken Fischer, Director of Public Services, to reflect the additional $25,100 in outside service costs. 33. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to an annual purchase order to Kaman Industrial Technologies for Gates hoses, hydraulic fittings and bearings for the City's heavy equipment fleet to be utilized by the Public Services Department Fleet Division. (See Attached) (Cost to City - $5,000 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet, Street Sweeping and IWM Division budgets as discussed in the Staff Report dated March 25, 2008, from Ken Fischer, Director of Public Services, to reflect the additional $5,000 in Materials & Supplies costs. 34. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to an annual purchase order, with three single year renewal options, to Drake Supply Company of Fontana for unity spotlights, Target Tech strobes and light bars, and miscellaneous electrical supplies for the City's fleet. (See Attached) (Cost to City - $10,000 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet, IWMD and Police Department budgets as discussed in the Staff Report dated March 13, 2008, from Ken Fischer, Director of Public Services, to reflect the additional $10,000 in materials and supplies costs. 11 04/07/2008 35. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to an annual purchase order with three single year renewal options, to Haaker Equipment Co. for Elgin sweeper parts and Vactor sewer truck parts, to be utilized by the Public Services Department, Fleet Division. (See Attached) (Cost to City - $10,100 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet, Street Sweeping, and Sewer Line Maintenance budgets as discussed in the Staff Report dated March 25, 2008, from Ken Fischer, Director of Public Services, to reflect the additional $10,100 in Materials & Supplies costs. 36. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to an annual purchase order with three single year renewal options to Diversified Truck Center for specific autocar chassis truck parts to be utilized by the Public Services Department, Fleet Division. (See Attached) (Cost to City - $10,100 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet and IWM Division budgets as discussed in the Staff Report dated March 25, 2008, from Ken Fischer, Director of Public Services, to reflect the additional $10,100 in Materials & Supplies costs. 37. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to an annual purchase order, with three single year renewal options, to American Rotary Broom Co. Inc. for rewound main and gutter sweeper brooms, to be utilized by the Public Services Department, Fleet Division. (See Attached) (Cost to City - $10,100.00 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet, and Street Sweeping budgets in the Refuse Fund as discussed in the Staff Report dated March 25, 2008, from Ken Fischer, Director of Public Services, to reflect the additional $10,100 in Materials & Supplies costs. 12 04/07/2008 38. Resolutions authorizing increases to contract Purchase Order No. 08-062 in the amount of $176,000 to Matich Corporation and contract Purchase Order No. 08-063 in the amount of $22,000 to Pavement Recycling Systems, Inc. for street repairs. (See Attached) (Cost to City - $198,000 from Infrastructure Loan Fund.) Wards 2&5 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to contract Purchase Order Number 08-062 in the amount of $176,000 to Matich Corporation pursuant to Section 3.04.010 B-3 of the Municipal Code for additional street paving services. B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to contract Purchase Order Number 08-063 in the amount of $22,000 to Pavement Recycling Systems, Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for additional cold planing services, labor and equipment rental for City street repairs. MOTION: That said resolutions A&B, be adopted. 39. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and increase to contract Purchase Order #08-070, with three single year renewal options, to Applied LNG Technologies pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of LNG fuel. (See Attached) (Cost to City - $150,100 from the Fleet Services Fund.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Discussed by the Legislative Review Committee meeting of March 18, 2008 - - Committee Members Present: Kelley & Brinker 40. An Ordinance of the City of San Bernardino adding Chapter 8.02 to the San Bernardino Municipal Code and adopting, by reference, San Bernardino County Code Chapter 14 of Division 3 of Title 3, relating to the inspection grading of food establishments. FIRST READING (See Attached) (No cost to City.) (Ordinance not available at time of printing.) All Wards MOTION: That the proposed Ordinance which adopts the San Bernardino County Ordinance requiring the posting of letter grade ratings for food establishments be considered for adoption at a noticed public hearing at the Council meeting on May 5, 2008, at 4:00 p. m. 13 04/07/2008 41. Item Deleted. Recommended for approval at the Grants Ad Hoc Committee meeting of April 1, 2008 - Committee Members Present: Baxter, Brinker & McCammack CONTINUED FROM MARCH 17, 2008 42. Resolution authorizing the City Manager to execute Amendment No. 5 to Contract 02-1166 A-5 with the County of San Bernardino Public Health Department, accepting the proposal amount of $55,000 for the period of July 1, 2007 through June 30, 2008, and ratifying any action taken between July 1, 2007, and the date that this resolution is adopted. (Backup materials distributed March 17, 2008, Item No. 15) MOTION: That said resolution be adopted. 43. Resolution of the Mayor and Common Council of the City of San Bernardino accepting a Federal Economic Development Administration Grant for street improvements to Cajon Boulevard. (See Attached) Ward 6 MOTION: That said resolution be adopted. 44. Item Deleted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Police 45. Public hearing -formalization of a Red Light Camera Photo Enforcement System Policy and expansion of the existing Traffic Signal Violation System. (See Attached) (No Cost to City.) All Wards Resolution of the City of San Bernardino formalizing a Red Light Camera Photo Enforcement System Policy and authorizing an amendment to the lease and services agreement with Nestor Traffic Systems, Inc., to expand the existing Traffic Signal Violation System. (Resolution not available at time of printing.) MOTION: That the matter be continued to Apri121, 2008. 14 04/07/2008 TO BE HEARD AT 4:30 P.M. Development Services 46. Public hearing -resolution ordering the vacation of a portion of Crescent Avenue between Huff Street and College Drive. (See Attached) (No Cost to City.) Ward 3 Resolution of the City of San Bernardino ordering the vacation of a portion of Crescent Avenue between Huff Street and College Drive and reserving public utility easements therein. Mayor to open the hearing . MOTION: That the hearing be closed; that the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why the portion of Crescent Avenue between Huff Street and College Drive is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. TO BE HEARD AT 4:30 P.M. 47. Public hearing -resolution ordering the vacation of a portion of Pear Street, north of Walnut Street and east of Mt. Vernon Avenue and reserving public utility easements. (See Attached) (No Cost to City.) Ward 3 Resolution of the City of San Bernardino ordering the vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue and reserving public utility easements therein. Mayor to open the hearing . MOTION: That the hearing be closed; that the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why the portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. END OF PUBLIC HEARINGS 48. Council Committee Assignments MOTION: That the recommended Council Committee assignments be approved. 15 04/07/2008 CONTINUED ITEMS Recommended for approval at the Legislative Review Committee meeting of March 3, 2008 -Committee Members Present: Kelley, Brinker, and Derry CONTINUED FROM MARCH 17, 2008 49. An Ordinance of the City of San Bernardino adding Chapter 8.61, repealing Section 8.60.140, and amending Section 8.60.150 of the San Bernardino Municipal Code regarding fireworks. FIRST READING (No Backup material was distributed on March 17, 2008, for Item No. 23.) (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. CONTINUED FROM MARCH 17, 2008 50. Establishing administrative civil penalties for violations of the Municipal Code. (Backup material was distributed on November 19, 2007, Item No. 27; item was continued to January 22, 2008, Item No. 29; item was continued to March 17, 2008, Item No 28.) A. An Ordinance of the City of San Bernardino adding Chapter 9.93 to the San Bernardino Municipal Code and establishing administrative civil penalties for violations of the Municipal Code. FIRST READING (Ordinance not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino directing the disposition of administrative civil penalties collected pursuant to San Bernardino Municipal Code Chapter 9.93 for violations of the San Bernardino Municipal Code. (Resolution not available at time of printing.) MOTION: That said ordinance be laid over for final adoption; and that said resolution be adopted. City Attorney 51. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a First Amendment to a Lease of Property between Union Pacific Railroad Company and the City of San Bernardino. (No backup material was distributed on March 17, 2008, Item No. 36.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 16 04/07/2008 LAID OVER FROM MARCH 17, 2008 52. Ordinance of the City of San Bernardino amending Title 2, "Administration and Personnel," of the San Bernardino Municipal Code by adding Chapter 2.01 "Mayor Pro-Tempore" and amending Chapter 2.76 "Council Committees" to add Section 2.76.040 "Senior Council Member" and Section 2.76.050 "Appointment of Committee Members and Committee Chairpersons." FINAL READING (Backup material was distributed on March 17, 2008, Item No. 37.) MOTION: That said ordinance be adopted. CONTINUED FROM MARCH 19, 2008 Development Services 53. Request from the San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School. (Backup material was distributed on March 17, 2008, Item No. 30; and was continued to March 19, 2008, Item No. 3.) (No Cost to City.) Ward 7 Resolution of the Mayor and Common Council making certain findings and determinations pursuant to Government Code Section 65402 with regard to General Plan conformity for a proposed elementary school site (Wilson II Elementary School.) MOTION: That said resolution be adopted. STAFF REPORTS 54. Item Deleted. WORKSHOP 55. Workshop on Fiscal Year 2007/08 Mid-Year Budget Report to be held at the Economic Development Agency Boardroom. (Material originally distributed on March 19, 2008, Item No. 2.) Council Office 56. City County Conference Meeting -- Oral Report from Council Member lZikke Van Johnson. 17 04/07/2008 END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION R57. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("AGENCY") to execute a demolition contract by and between the AGENCY and Dakeno, Inc., for the demolition of AGENCY properties located at 795 and 770 West 5`~ Street, San Bernardino (Downtown Mixed-use Project -Central City North Redevelopment Project Area). (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 58. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: Athree-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.) 59. 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, April 21, 2008, in the Council Chambers, 300 North "D" Street, San Bernardino, California. 18 04/07/2008 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. 19 04/07/2008