HomeMy WebLinkAbout01-22-2008 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.SZ7Clly.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
TUESDAY, JANUARY 22, 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 pages 13&14.)
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):
City of San Bernardino v. San Bernardino Stampede, et al. -San
Bernardino Superior Court Case No. SCVSS 137723;
Diamond Concessions, Inc. v. City of San Bernardino, et al. -San
Bernardino Superior Court Case No. CIVSS 700129;
Danuta Tuszynska v. City of San Bernardino -San Bernardino Superior
Court Case No. CIVSS 705138;
City of San Bernardino Municipal Water Department v. United States
Department of the Army, et al. -United States District Court Case No.
CV 96-8867 MRP (JGx) consolidated with CV 96-5205;
Jane Batey, et al. v. City of San Bernardino -San Bernardino Superior
Court Case No. SCVSS 141503.
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:
City of Riverside v. City of San Bernardino Municipal Water Dept.
Inland Communities Corp. v. City of San Bernardino, et al. (Paradise
Hills)
C. Conference with legal counsel -anticipated litigation -initiation of
litigation -pursuant to subdivision (c) of Government Code Section
54956.9: 1 Case
D. Closed Session -personnel -pursuant to Government Code Section
54957:
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1. Continued.
Appointment
Interim Executive Director of Economic Development Agency
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:
Negotiator:
Linn Livingston, Director of Human Resources
Employee Organization:
Fire Fighters Association Local No. 891
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. Summer Beasley -Youth Advisory Commission - Cajon High School
Appointee -Mayor Morris.
MOTION: That the appointment of Summer Beasley to the Youth
Advisory Commission, 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
MOTION: That the motions indicated by consent calendar items 5 through
25 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:
October 15, 2007 (Distributed 1/8/08)
November 19, 2007 (Distributed 1/8/08)
December 18, 2007 (Distributed 1/14/08)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated January 3, 2008,
from Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated January 16, 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
9. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the hiring of Arias & Lockwood to represent the City and any
designated employee regarding the case entitled Luisa Maravilla v. Deanna
Marie Crosby, Shawni Yvonne Ton-loy, City of San Bernardino, County of San
Bernardino Superior Court Case No. CIVSS 707097. (See Attached)
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a professional services agreement between Arias &
Lockwood and the City of San Bernardino to represent the City in the case of
Justin Ryan Golding v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVSS 700791. (See Attached)
MOTION: That said resolution be adopted.
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City Manager
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of an agreement with the San Bernardino Black Culture
Foundation for financial assistance from the Civic and Promotion Fund for FY
2007/08. (See Attached) (Cost to the City - $4,500 direct and $20,431
indirect funding from the FY 07-08 Civic and Promotion Fund.) Ward 1
MOTION: That said resolution be adopted; authorize direct funding in the
amount of $4,500 and indirect funding in the amount of $20,431
be transferred from the 2007/08 Civic and Promotion Fund to
various City departmental accounts as listed in the Staff Report
dated January 8, 2008, from Fred Wilson, City Manager; and
authorize a waiver of fees and use of City personnel and
equipment to assist with the 2008 Black History Parade scheduled
for February 2, 2008.
Development Services
12. Authorization for the Director of Development Services to execute Contract
Change Order No. One to the contract with Grand Pacific Contractors, Inc. for
construction of ADA access ramps and sidewalk at various locations, Phase VII
- 2005/06 (SS-B), per Project Plan No. 11501. (See Attached) (Cost to City -
$34,672.19 from 1/z Cent Sales/Road Tax Fund) All Wards
MOTION: That the Director of Development Services be authorized to
execute Change Order No. One in the amount of $34,672.19 to
the contract with Grand Pacific Contractors, Inc. , for
construction of ADA access ramps and sidewalk at various
locations, Phase VII - 2005/06 (SS-B), per Project Plan No.
11501.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Pro Tech Engineering Corporation for the installation of
traffic signals & street improvements at Palm Ave. and Irvington Ave (TC06-
06), per Project Plan No. 12219. (See Attached) (Cost to City - $218,000
from Capital Project Fund and Impact Fee Fund) Ward 5
MOTION: That the Director of Finance be authorized to amend the FY
2007/08 budget by transferring $53,500 from Account No. 263-
483-5504-7486 (TC04-31), Little Mountain Drive and 48`~ Street
Traffic Signal, to Account No. 263-483-5504-7661 and 250-370-
5504-7661 (TC06-06), Palm Avenue and Irvington Avenue
Traffic Signal; and that said resolution be adopted.
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14. Resolution of the City of San Bernardino authorizing and directing execution of
a license and agreement with American Sports University for encroachment of
six (6) overhanging canopies for outdoor dining at 360 W. Court Street, San
Bernardino, CA 92401. (See Attached) (No cost to City) Ward 1
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a building inspection services reimbursement agreement with Stater
Bros. Markets related to the corporate office and Norton Distribution Center.
(See Attached) (No cost to City) Ward 1
MOTION: That said resolution be adopted.
16. 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
at Belmont Avenue and Olive Avenue (Annexation No. 5) to Community
Facilities District No. 1033, and adopting an annexation map showing the
territory of Annexation No. 5. (See Attached) (No cost to City) Ward 5
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. 5
for Tentative Tract No. 17396, located southerly of Belmont
Avenue, and easterly of Olive Avenue (APN 0266-152-08); and
that said resolution be adopted.
17. Resolution of the City of San Bernardino approving an agreement for
professional design services with Hall & Foreman, Inc. for realignment of an
existing I-215 freeway frontage road generally between Little League Drive and
Dement Street, including environmental approval and acquisition of right-of-
way, which may include decertification of existing operating state R/W (SS07-
29). (See Attached) (Cost to City - $297,700 from Street Construction Fund)
(Resolution not available at time of printing.) Ward 5
(Item Continued on Next Page)
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17. Continued.
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 budget by deleting
Project SS07-29 from the ~/z Cent Sales and Road Tax Fund in
the amount of $497,700 (Account No. 129-367-5504-7732) and
budget Project SS07-29 in the Street Construction Fund in the
amount of $297,700 with funding for the project being
transferred from the EDA Loan Debt Service Fund (Fund 308) .
Facilities
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute an agreement for energy conservation
measures with Western Allied Refrigeration, Inc., for HVAC units at the
Central Police Station. (See Attached) (Cost to City - $872,000 from the
Utility Fund -- $97,800 in annual payments starting in FY 2008/09. Payment
to be offset by energy savings.) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of San Bernardino authorizing
the City Manager to execute Amendment No. One to the Securitas Security
Services USA, Inc., dated August 20, 2007, for security guard services at City
libraries. (See Attached) (No cost to City) Ward 1
MOTION: That said resolution be adopted.
Human Resources
20. Resolution of the City of San Bernardino amending Resolution No. 6413,
section Thirteen, Temporary/Part-time Employees, entitled in part "A
Resolution. establishing a basic compensation plan. . " by updating
information codifying prior council actions. (See Attached)
MOTION: That said resolution be adopted.
21. Establishment of salaries for Fire Department Ranges P-5, P-6 & P-7, effective
August 1, 2007. (See Attached) (Cost to the City $117,900 from various Fire
Department accounts.)
(Item Continued on Next Page)
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21. Continued.
MOTION #l: That the salaries for Fire Department Ranges P-5 (Battalion
Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be
established, effective August 1, 2007; and
MOTION #2: That the Human Resources Department be directed to amend
Resolution No. 6429 to reflect the above action; and
MOTION #3: That the Director of Finance be authorized to amend the FY
2007/08 budget by increasing the Fire Department General Fund
budget for Charter 186 costs by transferring $117,900 from the
General Government budget, Account No. 001-092-5011, to the
appropriate Fire Department Divisions budget accounts.
Parks, Recreation & Community Services
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase in the amount of $417,334 to the purchase order to
Nelson Paving and Grading Corporation (NPG), and authorizing the City
Manager to execute a vendor services agreement with NPG for paving repairs to
parking lots at city parks. (See Attached) (Cost to City - $417,334 from Park
Construction Fund.) Wards 1,2,4,5,6,& 7
MOTION: That the Director of Finance be authorized to amend the FY
2007/08 budget by transferring $33,000 from Account No. 243-
363-5504-7753 (Parking Lot Resurfacing - Blair,
Littlefield/Shultis, Perris Hill and Wildwood) to Account No.
243-363-5504-7444 (Resurface Parking Lots - Meadowbrook,
Nicholson, Anne Shirrell's, Encanto and Speicher Parks); and
transferring $44,000 from Account No. 243-363-5504-7266
(Nunez Parking Lot Resurfacing) to Account No. 243-363-5504-
7723 (Highland Little League -Resurface Parking Lot); and that
said resolution be adopted.
23. Resolution authorizing the City Manager to execute a Letter of Agreement with
KaBOOM! for acommunity-build playground to be constructed at Lytle Creek
Park. (See Attached) (No Cost to City) Ward 3
MOTION: That said resolution be adopted.
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Public Services
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 to
Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of the
Municipal Code for the purchase of three 2008 Ford F-350 flat bed trucks, to be
utilized by the Public Services and Parks Departments. (See Attached) (Cost to
City - $81,123.15 from Fleet Services Fund) All Wards
MOTION: That said resolution be adopted.
25. 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-B3 of the
Municipal Code for the purchase of one 2008 Ford F-450 Aerial Manlift Truck,
to be utilized by the Public Services Department Street Division. (See Attached)
(Cost to City - $82,409.77 from Fleet Services Fund) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee meeting
on January 8, 2008 -- Committee Members present: Kelley, Brinker and
Derry
26. City Attorney Memo on Parolee Housing dated January 7, 2008. (See Attached)
MOTION: That the memo dated January 7, 2008, be received and filed.
27. Initiation of a Development Code Amendment for fencing and residential refuse
enclosures in high wind areas. (See Attached) (Cost to City -- $5,000)
Wards 4,5,6,7
MOTION: That Development Services staff be directed to initiate an
amendment to the Development Code to include standards for
fencing and residential refuse enclosures for high wind areas.
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28. Agreements to jointly fund federal and state representation services by and
between the City of San Bernardino, City of San Bernardino Water Department,
and the Economic Development Agency; and resolutions authorizing the City
Manager to execute services agreements with Innovative Federal Strategies,
LLC, and Platinum Advisors. (See Attached) (Cost to the City $42,500 from
the General Fund.)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement to jointly fund the
consulting services of Platinum Advisors and Innovative Federal
Strategies by and between the City of San Bernardino, the Board of
Water Commissioners of the City of San Bernardino, and the
Community Development Commission of the City of San Bernardino.
B. Resolution of the Community Development Commission of the City of
San Bernardino authorizing the execution of an agreement to jointly fund
the consulting services of Platinum Advisors and Innovative Federal
Strategies by and between the City of San Bernardino, the Board of
Water Commissioners of the City of San Bernardino, and the
Redevelopment Agency of the City of San Bernardino.
C. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a services agreement
with Platinum Advisors for State representation services.
D. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a services agreement
with Innovative Federal Strategies, LLC for federal representation
services.
MOTION: That said resolutions A-D, be adopted.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
CONTINUED FROM NOVEMBER 19, 2007
City Attorney
29. 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 (Backup material was
distributed on November 19, 2007, Item No. 27.)
MOTION: That the matter be continued to March 17, 2008.
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CONTINUED FROM JANUARY 7, 2008
30. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute the Memorandum of Understanding
between the County of San Bernardino and the City of San Bernardino for the
Operation Phoenix Eastern Area. (Document and Resolution not available at
time of printing.) (No Cost to the City) (No backup material was distributed
on December 3, 2007, Item No. 32; item continued to December 17, 2007,
Item No. 30; item was continued to January 7, 2008, Item No. 28.)
Wards 4&7
MOTION: That the matter be continued to February 4, 2008.
CONTINUED FROM JANUARY 7, 2008
Police
31. Resolutions authorizing the purchase of a "CrimeView Enterprise" police
tactical mapping solution from The Omega Group located in San Diego,
California and necessary computer hardware from Zunesis, Inc. of Centennial,
Colorado. (Cost to City - $134,240.00 from COPS Technology Grant)
(Backup material was distributed on January 7, 2008, Item No. 22.)
All Wards
A. Resolution of the City of San Bernardino authorizing the execution of an
agreement and issuance of a purchase order for the purchase of a
"CrimeView Enterprise" Police Tactical Mapping Solution from the
Omega Group located in San Diego, California.
B. Resolution of the City of San Bernardino authorizing the execution of an
agreement and issuance of a purchase order for the purchase of
supporting computer server hardware fora "CrimeView Enterprise"
Police Tactical Mapping Solution from Zunesis, Inc. of Centennial,
Colorado.
MOTION: That said resolutions A&B, be adopted.
CONTINUED FROM JANUARY 7, 2008
Human Resources
32. Resolution of the City of San Bernardino amending Resolution No. 6413,
Sections ten, eleven, twelve and fourteen, entitled in part "A
Resolution...establishing abasic compensation plan...", by updating information
codifying prior council actions (General, Middle-Management and Confidential
and Management Units). (New Staff Report & Resolution Attached) (No cost to
the City) (Backup material was distributed on December 17, 2007, Item No.
18; item was continued to January 7, 2008, Item No. 29.)
MOTION: That said resolution be adopted.
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COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM JANUARY 7, 2008
Recommended for approval at the Redevelopment Committee meeting on
December 6, 2007 -Committee Members Present: Estrada, Baxter and
Johnson
R33. Amendment No. 1 to the Arrowhead Central Credit Union 2005 Disposition and
Development Agreement (Central City South Redevelopment Project Area).
(Backup material was distributed on January 7, 2008, Item No. R30.)
Ward 3
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute
Amendment No. 1 to the 2005 Disposition and Development Agreement by and
between the Arrowhead Central Credit Union and the Agency (Central City
South Redevelopment Project Area).
MOTION: That said resolution be adopted.
R34. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a modification to the boundaries of the conditionally designated San
Bernardino Valley Enterprise Zone. (See Attached) Wards 1,2,3,5,&6
MOTION: That said resolution be adopted.
Recommended for approval at the Community Development Commission
Workshop on September 17, 2007
R35. Amendment to the Agency's Fiscal Year 2007/08 Budget. (See Attached)
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino, California, approving a Cooperative Agreement by and
between the Economic Development Agency ("Agency") and the City of
San Bernardino ("City") and authorizing the City Manager of the City to
execute that certain Cooperative Agreement. (Resolution not available
at time of printing.)
(Item Continued on Next Page)
13 O1 /22/2008
R35. Continued.
Community Development Commission
B. Resolution of the Community Development Commission of the City of
San Bernardino, California, approving an amendment to the Economic
Development Agency's ("Agency") fiscal year 2007-2008 Budget to
allow for Tax Increment Fund balance carry-over funds and salary
savings to be used for eligible fiscal year 2007-2008 one-time City
expenditures and approving and authorizing the Executive Director of the
Agency to execute that certain Cooperative Agreement by and between
the Agency and the City.
C. Resolution of the Community Development Commission of the City of
San Bernardino, California, approving the Economic Development
Agency's ("Agency") analysis and determination of the appropriateness
of the planning and administration expenditures of the Low-and
Moderate-Income Housing Fund for the Fiscal Year 2007-2008 Agency
Budget.
MOTION: That the Community Development Commission of the
City of San Bernardino, California, forgive the Agency's
Verdemont Loan Receivable, plus all accrued interest, due
from the City of San Bernardino; and that said resolutions
A-C, be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
36. 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.)
37. Adjournment.
MOTION: That the meeting be adjourned.
14 O1 /22/2008
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p. m., Monday, February 4, 2008, in the Council Chambers, 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.
15 O1 /22/2008