HomeMy WebLinkAbout05-19-2008 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, MAY 19, 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 13. )
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):
People v. Manta Management Corp. -San Bernardino Superior Court
Case No. SCV 18157;
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 07-01027SGL (OPx);
Mary Gomez v. So. Cal. Reg. Rail Auth., et al. -San Bernardino
Superior Court Case No. CIVSS 804560;
Nicholas Argy v. Christina Enid Johnson, et al. -San Bernardino
Superior Court Case No. CIVSS 708058;
Lydia Alexander v. City of San Bernardino, et al. -United States
District Court Case No. CV 07-08261AHM (PJWx).
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.
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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1. Continued.
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
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RECONVENE MEETING - 3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
A. Jim Mulvihill -Historical Preservation Commission -Council Member
Estrada. (See Attached)
B. David Mlynarski -Board of Building Commissioners -Mayor Morris.
(See Attached)
MOTION: That the appointments of Jim Mulvihill to the Historical
Preservation Commission, and David Mlynarski to the
Board of Building Commissioners, as requested by
Council Member Estrada and 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
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.
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6. Council Minutes.
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: April 7, 2008 (Distributed on 5/6/08)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated Apri130, 2008, from
Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Interim Chief
Examiner, dated May 14, 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 Attorney's Office
LAID OVER FROM MAY 5, 2008
9. Ordinance of the City of San Bernardino amending San Bernardino Municipal
Code Section 9.92.020 relating to the Administrative Law Officer for the
Administrative Citation Process. FINAL READING (Item continued from
April 21, 2008, Item No. 36; backup material was distributed on May 5,
2008, Item No. 25.) All Wards
MOTION: That said ordinance be adopted.
City Manager
LAID OVER FROM MAY 5, 2008
10. 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. FINAL READING (Backup material was distributed
on April 7, 2008, Item No. 40; item continued to May 5, 2008, Item No. 23.)
All Wards
MOTION: That said ordinance be adopted.
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11. Set public hearing for Monday, June 2, 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. (See Attached)
MOTION: That a public hearing be set for Monday, June 2, 2008, at 4:00
p.m., to discuss the adjustment of various user fees and the
establishment of new user fees.
Development Services
12. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring/
Reporting Program for the demolition of an existing bridge on Old Waterman
Canyon Road and replacement with a new bridge, including relocation of
utilities (SS 07-14). (See Attached) (No Cost to City) Ward 4
MOTION: That the Mayor and Common Council independently review,
analyze, and exercise independent judgment in reviewing the
Initial Study and adopt the Mitigated Negative Declaration, and
the Mitigation Monitoring/Reporting Program for the demolition
of an existing bridge on Old Waterman Canyon Road and
replacement with a new bridge, including relocation of utilities
(SS 07-14).
13. Resolution of the City of San Bernardino establishing fair market value and
minimum sale price for a portion of certain City Water Department owned
parcel of real property generally located northerly of Sepulveda Avenue, north
of 54`~ Street, and setting a public hearing to consider said sale. (See Attached)
(No Cost to City) (Resolution not available at time of printing.) Ward 4
MOTION: That the Director of Development Services be authorized to
proceed with the sale of City Water Department property located
northerly of Sepulveda Avenue, north of 54`~ Street, and being a
portion of APN 0154-011-80; and that said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
approving an agreement with the Planning Center for consultant services to
update the General Plan Housing Element. (See Attached) (Cost to City -
$99,975 from EDA Housing Fund) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
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15. Resolution of the City of San Bernardino approving Amendment No. 3 to
Agreement for Professional Services with Ty Lin International for the
preparation of a project study report/project report for the University
Parkway/Interstate 215 interchange loop entrance ramp project (SSO4-19). (See
Attached) (Cost to the City - $27,906 from 1/z Cent Sales & Road Tax and
Street Construction Fund) Wards 5&6
MOTION: That said resolution be adopted.
16. Resolution of the City of San Bernardino amending Resolution No. 3985
entitled, in part, "A Resolution...prohibiting parking upon certain designated
streets, alleys, or portions thereof..." to establish no parking between the hours
of ten p.m. and six a.m. except by permit zones on residential streets located
within tract number 10260 (Also known as the Foothill Villas Estates). (See
Attached) (Cost to the City - $3,000 from Street Maintenance Fund)
(Resolution not available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
17. Resolution of the City of San Bernardino amending Resolution No. 3985
entitled, in part, "A Resolution...prohibiting parking upon certain designated
streets, alleys, or portions thereof..." to establish a no parking except by permit
at any time zone on Northstar Street between Northpark Boulevard and the end
of Northstar Street south of Brighton Court and on Brighton Court between
Northstar Street and the end of Brighton Court east of Northstar Street. (See
Attached) (Cost to the City - $2,000 from Street Maintenance Fund)
(Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
18. Item Deleted.
Finance
19. Resolution of the City of San Bernardino authorizing the execution of the First
Amendment to the services agreement with MuniServices, LLC to add property
tax services for the City of San Bernardino. (See Attached) (Cost to the City -
$2,500 from Non-Departmental/Contractual Services) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted.
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Fire
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the submission of the updated OES Form 130-designation of
applicant's agent resolution to the State Office of Emergency Services. (See
Attached) (No Cost to the City) All Wards
MOTION: That said resolution be adopted.
Human Resources
21. Salary increases for Head Start Preschool Program and creation of the position
of Lead Teacher (new position). (See Attached) (No Cost to City) Ward 6
MOTION #1: That the Mayor and Common Council increase the salary for
the position of Teacher Director Head-Start from $17.04 per
hour to $19.00 per hour, effective July 1, 2007; and
MOTION #2: That the Mayor and Common Council create the classification
of Lead Teacher Head-Start, $15.20 per hour, effective July 1,
2007, and approve the attached job description; and
MOTION #3: That the Mayor and Common Council increase the salary for
the position of Teacher Head-Start from $14.60 per hour to
$14.82 per hour, effective July 1, 2007; and
MOTION #4: That the Mayor and Common Council increase the salary for
the position of Teacher Aide Head-Start from $9.91 per hour to
$10.06 per hour, effective July 1, 2007; and
MOTION #5: That the Mayor and Common Council increase the salary for
the position of Custodian Head-Start from $8.40 per hour to
$8.53 per hour, effective July 1, 2007; and
MOTION #6: That the Mayor and Common Council increase the salary for
the position of Administrative Clerk from $10.19 per hour to
$11.84 per hour, effective July 1, 2007; and
MOTION #7: That the Human Resources Department be authorized to update
Resolution 2008-20 to reflect the changes.
8 05/19/2008
Public Services
22. Authorize the Director of Finance to amend the FY 07-08 CIP budget in order
to create Project Number 129-367-5504-7801 for 36`'' Street, from Mountain
View to Arrowhead. (See Attached) (No Cost to City) Wards 4, 5, & 7
MOTION: That the Director of Finance be authorized to amend the FY
2007/08 CIP budget in order to create Project Number 129-367-
5504-7801 for 36`~ Street from Mt. View to Arrowhead and
transfer $34,400 from Project Number 129-367-5504-7788 ("H"
Street - 30`~ Street to Edgehill Road) to Project Number 129-367-
5504-7801 (36`'' Street from Mt. View to Arrowhead)
23. 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 $47,300 to Motorola Radio for the purchase of 16 radios to be
utilized by the Integrated Waste Management Division. (See Attached (Cost to
the City - $47,300 from Refuse Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That the Director of Finance be authorized to amend the FY
2007/08 budget and transfer $35,900 from Account No. 527-412-
5803 (Lease Payments) to Account No. 527-412-5703
(Communications Equipment) and $16,400 from Account No.
527-413-5803 (Lease Payments) to Account No. 527-413-5703
(Communications Equipment); and that said resolution be
adopted.
24. 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 $300,000 between the City of San Bernardino and American
Asphalt South, Inc. for the Slurry Seal Program utilized by the Public Services
Department, Street Division. (See Attached) (Cost to the City $300,000 from
Proposition 1B Grant Funds.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
9 05/19/2008
COMMITTEE CONSENT
Recommended for approval at the Ways and Means Committee meeting on
May 7, 2008 -- Committee Members Present: McCammack and Johnson
Parks, Recreation & Community Services
25. Request for Civic & Promotion funding for the 2008 4`~ of July parade and
celebration at the Arrowhead Credit Union Park. (See Attached) (Cost to City -
$27,055 from Civic & Promotion Funding) Ward 3
MOTION: That Civic and Promotion funding in the amount of $27,055 be
authorized for the conduct of the 2008 4"' of July parade, street
fair and celebration at Arrowhead Credit Union Park.
26. Inland Regional Center -request for waiver/refund of fees. (See Attached)
Ward 1
MOTION: That the Mayor and Common Council refer the request to the
Redevelopment Committee.
27. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 5.20.040 relating to fees for massage parlors and
massage technicians operating within established beauty salons. FIRST
READING (See Attached)
MOTION: That said ordinance be laid over for final adoption.
28. An Ordinance of the City of San Bernardino amending Section 5.04.015 of the
San Bernardino Municipal Code by adding Subsection "E" relating to Business
Registration Certificate Application processing fees. FIRST READING
(Document and Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
Recommended for approval at the Legislative Review Committee meeting
on May 6, 2008 -- Committee Members Present: Kelley, Brinker and
Johnson
29. Resolution of the Mayor and Common Council of the City of San Bernardino
supporting H.R. 5818 and H.R. 5579 regarding housing stabilization. (See
Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
10 05/19/2008
30. Recommendation to refer action on proactive directed enforcement graffiti
sweeps to the Police Ad Hoc Committee. (See Attached)
MOTION: That the matter of graffiti sweeps be referred to the Police Ad
Hoc Committee.
Heard at the Grants Ad Hoc Committee meeting on April 29, 2008 --
Committee Members Present: McCammack and Brinker
31. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the template letter of agreement in concept, and authorizing the City
Manager to execute a KABOOM! Outreach Statement on behalf of the City of
San Bernardino as required for consideration for acommunity-build playground
proposed for construction at Delmann Heights Park. (See Attached)
(Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
City Clerk
TO BE HEARD AT 4:00 P.M.
32. Appeal hearing regarding denial of fireworks stand application submitted by
Inland Terror Baseball. (See Attached)
Mayor to open the hearing .
MOTION: That the hearing be closed; and that the Mayor and Common
Council uphold the decision of the City Clerk to disqualify Inland
Terror Baseball from obtaining a license to sell fireworks and that
appropriate action be taken to collect the debt owed to the City by
Inland Terror Baseball.
Development Services
TO BE HEARD AT 4:00 P.M.
33. Public hearing -resolution approving the annexation, resolution calling a special
election and resolution certifying the results of an election relative to
Community Facilities District No. 1033, Annexation No. 6 for property
consisting of an industrial development located on the southwesterly side of
Industrial Parkway, southeasterly of Palm Avenue -Development Permit II No.
07-17. (See Attached) (No Cost to City) Ward 6
(Item Continued on Next Page)
11 05/19/2008
33. Continued.
A. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing 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 authorizing the levy of a special tax and submitting the
levy of tax to the qualified electors.
B. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, calling a special election and submitting to the
voters of Annexation No. 6 of City of San Bernardino Community
Facilities District No. 1033 propositions regarding the annual levy of
special taxes within Annexation No. 6 and the establishment of an
appropriations limit.
C. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, making certain findings, certifying the results of
an election and adding property to Community Facilities District No.
1033, Annexation No. 6.
Mayor to open the hearing .
MOTION: That the hearing be closed relative to Annexation No. 6 to
Community Facilities District No. 1033; and that said
resolutions A-C, be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM NOVEMBER 19, 2007
Development Services
34. Request for continuance for Tentative Tract No. 14112 -located northeasterly
of the intersection of Foothill Drive and Sterling Avenue. (See Attached) (No
cost to City.) Ward 4
MOTION: That the Mayor and Common Council approve the request for
continuance of the Final Map for Tentative Tract No. 14112, to
November 17, 2008.
END OF CONTINUED ITEMS
12 05/19/2008
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM MAY 5, 2008
R35. 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
Loan Guarantee Agreement to Arrowhead Credit Union and to accept the Loan
Guarantee from Center Chevrolet and its principals to the Agency (Central City
South Redevelopment Project Area). (No backup material was distributed on
April 21, 2008 Item No. R44; item continued to May 5, 2008, Item No.
R26.) (Document and Resolution not available at time of printing.)
MOTION: That the matter be continued to June 2, 2008.
Recommended for approval at the Redevelopment Committee meeting on
May 8, 2008 -- Committee Members Present: Estrada, Johnson and Baxter
R36. 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
Amendment No. 1 to the Redevelopment Project Study and Exclusive Right to
Negotiate Agreement by and between the Agency and HopRock 2 Verdemont,
LLC (Verdemont Heights Towne Center) (See Attached) Ward 5
MOTION: That said resolution be adopted.
R37. 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 673, 723-739 and 701 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
38. 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.)
13 05/19/2008
39. 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, June 2, 2008, 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 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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