HomeMy WebLinkAbout02-04-2008 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
MONDAY, FEBRUARY 4, 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 11. )
CALL TO ORDER:
PRESENT:
ABSENT:
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address the Mayor and Common Council/Community Development Commission. No
member of the public shall be permitted to "share" his/her three minutes with any other
member of the public.
1 02/04/2008
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):
Jaime Alvarez, et al. v. City of San Bernardino -United States District
Court Case No. CV 00-3048;
RDA v. Alvarez -San Bernardino Superior Court Case No. SCVSS
86091;
People v. Manta Management Corp. -San Bernardino Superior Court
Case No. SCVSS 117285;
People v. Manta Management Corp. -San Bernardino Superior Court
Case No. SCV 18157;
In the matter of the disability retirement application of Garrett Zimmon
Richard "Scott" Moss, et al. v. City of San Bernardino, San Bernardino
Fire Department, et al. -United States District Court Case No. ED CV
07-01027 SGL (OPx);
Jonneshia Reese, et al. v. City of San Bernardino, et al. -United States
District Court Case No. CV OS-01045 JWJ United States Court of
Appeals Docket No. 08-55102.
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.
(Item Continued on Next Page)
2 02/04/2008
1. Continued.
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 Redevelopment Project Area
1. Property Address: Northwest corner of 4~' and "G" Streets
APNs: 0134-093-19, 20 and 43, and 0134-
093-45
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as owner, and TELACU Housing
- San Bernardino V. Inc., as buyer
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
3 02/04/2008
RECONVENE MEETING - 3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
A. Luis Nolasco -Youth Advisory Commission -Rialto High School
Appointee -Mayor Morris. (See Attached)
B. Re-appointment -Warren Cocke -Board of Water Commissioners -
Mayor Morris. (See Attached)
C. Ms. Johnnie Ann Ralph -Historical Preservation Commission -Council
Member Brinker. (See Attached)
D. Rhaman Bell - Youth Advisory Commission - Council Member
Johnson. (See Attached)
MOTION: That the appointments and re-appointment A-D, as
requested by Mayor Morris, Council Members Brinker
and Johnson, 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
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: November 26, 2007 (Distributed on 1/23/08)
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 14, 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 31, 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 Jane Batey, Dan Batey v. City
of San Bernardino, et al., Superior Court Case No. SCVSS 141503. (Document
and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
City Manager
10. Resolution of the Mayor and Common Council of the City of San Bernardino
amending the local cable franchise agreement with Stubblefield Construction dba
Mountain Shadows Cable TV System and ratifying all action prior to January 2,
2008. (See Attached) (No cost to City) Ward 4
MOTION: That said resolution be adopted.
5 02/04/2008
Development Services
11. Authorization for the Director of Development Services to execute Contract
Change Order No. One to the contract with Roadway Engineering &
Contracting, Inc. for storm drain and street improvements on Belmont Avenue,
west of Little League Drive (SD-B), per Project Plan No. 11528. (See Attached)
(Cost to City - $9,950 from Storm Drain Construction Fund and 1/z Cent
Sales and Road Tax and Special Gas Tax Fund.) Ward 5
MOTION #l: That the Director of Finance be authorized to amend the FY
2007/08 budget by transferring $49,000 from Account No. 129-
367-5504-7156 (SS-C) "Street Safety Improvements at Various
Locations" to Account No. 129-367-5504-7166 (SD-B) "Box
Culvert Repairs," and transferring $36,000 from Account No.
248-368-5504-7260 (SD04-07) "Baseline Street Storm Drain" to
Account No. 248-368-5504-7166 (SD-B) "Box Culvert Repairs";
and
MOTION #2: That the Mayor and Common Council authorize the Director of
Development Services to execute Change Order No. One in the
amount of $9,950 to a contract with Roadway Engineering &
Contracting, Inc. for storm drain and street improvements on
Belmont Avenue, west of Little League Drive (SD-B), per Project
Plan No. 11528.
12. Resolution authorizing the City of San Bernardino to submit projects and
commit funding for FY 2008/2009-2013/2014 Regional Transportation
Improvement Program (RTIP). (See Attached) (No Cost to City.) All Wards
MOTION: That said resolution be adopted.
13. 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 Number 0136-051-45, relative to the expansion of
the City Yards, authorizing said purchase and authorizing and directing the
execution of a sales and purchase agreement. (See Attached) (Cost to City -
$102,100 from Unappropriated Sewer Fund Balance.) Ward 1
(Item Continued on Next Page)
6 02/04/2008
13. Continued.
MOTION #l: That the Director of Development Services be authorize to
proceed with the acquisition of that certain real property located
on Boyd Street, north of Cluster Street, and do all things
necessary to conclude said acquisition; and
MOTION #2: That the Director of Finance be authorized to amend the FY
2007/08 adopted budget and appropriate $102,100 from the
Sewer Fund unallocated fund balance to Account No. 132-431-
5720 (Land Purchase); and
MOTION #3: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Parcel Map No. 17987, located on the east side of
Waterman Avenue 900 feet south of Mill Street in the Office Industrial Park
(OIP), and Industrial Light (IL) Land Use Districts, and accepting the public
dedications as set forth on said map. (See Attached) (No Cost to City) Ward 1
MOTION: That said resolution be adopted.
Council Office
15. Report on League of California Cities Policy Committee meetings. (Document
available at time of printing.)
MOTION: That the report be received and filed.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a revised consultant services agreement
with Accela Inc. for the purchase of software for the automation of development
processes. (See Attached) (No cost to City.) All Wards
MOTION: That said resolution be adopted.
7 02/04/2008
Fire
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of Finance or designee to issue a purchase order to
Motorola in the amount of $43,599.39 and GTSI Corp. in the amount of
$46,915.72 for communication equipment. (See Attached) (Cost to City -
$42,126 from 2007 MMRS Grant and $48,389.11 from Fire Equipment
Acquisition.) All Wards
MOTION: That said resolution be adopted.
Information Technology
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the purchase of 12 Panasonic Mobile Data Computer (MDC)
devices from GTSI Corporation. (See Attached) (Cost to City - $65,799.81
from Technology Grant Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
19. Resolutions authorizing execution of an agreement and issuance of a purchase
order to Time Warner Cable for direct Internet service and confirming the
automatic rescission of the authorizations granted by Resolution No. 2007-347.
(See Attached) (Cost to City - $42,000 from Informational Technology
Fund) All Wards
A. Resolution of the Mayor and Common Council of the City of San
Bernardino confirming the automatic rescission of the authorizations
granted by Resolution 2007-347.
B. 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 Time Warner Cable for direct Internet service.
MOTION: That said resolutions A&B, be adopted.
8 02/04/2008
Mayor's Office
20. Annual report of the Bicentennial Ad Hoc Committee. (See Attached) (No cost
to City) All Wards
MOTION: That said report be received and filed.
Parks, Recreation & Community Services
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing athree-month extension of contracts and the issuance of purchase
orders to Golden West Landscape Contractor for the landscape maintenance of
Assessment District Areas "A", "B", "C", "G", and "H", and ratifying any
action taken between February 1, 2008, and the date that this resolution is
adopted. (See Attached) (Cost to City -not to exceed $104,087 from Fund
254 and Various Assessment Districts Funds.) Wards 3, 4, 5 & 6
MOTION: That said resolution be adopted.
Police
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement for the San Bernardino Community
College District to use the City of San Bernardino Police Department's Firing
Range. (See Attached) (No cost to City.) Ward 2
MOTION: That said resolution be adopted.
Public Services
23. Authorize the Director of Finance to amend the FY 07-08 Budget in order to
fully fund contract street repairs. (See Attached) (Cost to City - $90,000 from
Prop 42 Traffic Congestion Fund.) All Wards
MOTION: That the Director of Finance be authorized to amend the FY
2007/08 budget by transferring $90,000 from Account No. 135-
378-5504-7686 (Sierra Way Pavement Rehabilitation) into
Account No. 135-378-5504-7362 (Residential Street Repair).
9 02/04/2008
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and increase to Contract Purchase
Order Number 08-070 by an additional $75,000 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 - $75,000 from Fleet Services.)
(Resolution not available at time of printing.) 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 23, 2008 -- Committee Members Present: Kelly, Brinker &
Derry
Animal Control
25. An ordinance of the City of San Bernardino amending Sections 6.04.020,
6.08.145, 6.08,220 and 6.09.020 to Title 6 of the San Bernardino Municipal
Code relating to animals. FIRST READING (See Attached) (Ordinance not
available at time of printing.) All Wards
MOTION: That said ordinance be laid over for final adoption.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
CONTINUED FROM JANUARY 22, 2007
Mayor's Office
26. 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. (See Attached) (No cost to City.) (Resolution
not available at time of printing.) (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; item was
continued to January 22, 2008, Item No. 30.) Wards 4&7
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
10 02/04/2008
STAFF REPORTS
Mayor's Office
27. Resolution of the Mayor and Common Council of the City of San Bernardino
supporting the San Bernardino County Homeless Partnership. (See Attached)
All Wards
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
R28. Designating Agency Check Signers and Appointing Secretary of the
Commission. (See Attached) All Wards
A. Resolution of the Community Development Commission of the City of
San Bernardino, California, designating check signers and countersigners
for the Redevelopment Agency of the City of San Bernardino and/or the
City of San Bernardino Economic Development Agency checks and wire
transfers, and repealing Resolution No. CDC/2006-46.
B. Resolution of the Community Development Commission of the City of
San Bernardino, California, authorizing the appointment of Emil A.
Marzullo as Secretary of the Commission and authorizing the
reconfirmation of Don Gee as Assistant Secretary of the Commission,
and repealing Resolution No. CDC/2006-47.
MOTION: That said resolutions A&B, be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING
TO BE HEARD AT 4:30 P.M.
29. Public hearing -Conditional Use Permit No. 07-28 (Appeal No. 07-06) -appeal
of the Planning Commission's approval of a telecommunications facility and
associated equipment, on a site located on the north side of Baseline Street,
approximately 245 feet east of Pennsylvania Avenue in the CG-1, Commercial
General, land use district. (See Attached) (No cost to City.) Ward 6
(Item Continued on Next Page)
ll 02/04/2008
29. Continued.
Applicant: Marcie Brown
OmniPoint Communications Inc.
3257 E. Guasti Road, Suite 200
Ontario, CA 91761
Appellant: Father Patricio Guillen
Libreria Del Pueblo, Inc.
251 Carousel Mall
San Bernardino, CA 92411
Owner: Terry Ngu
1838 W. Baseline Street
San Bernardino, CA 92411
Request/Location: This is an appeal of Planning Commission's approval of
Conditional Use Permit No. 07-28, a permit to construct a "monopalm"
telecommunications tower disguised as a palm tree and associated equipment.
The project is located on the north side of W. Baseline Street, approximately
245 feet east of Pennsylvania Avenue. Currently there are two existing wireless
telecommunications facilities on the subject property. Each facility has a
monopalm and equipment located inside a block wall enclosure. In addition, the
site was approved to host another carrier with a similar monopalm tower on
October 16, 2007.
MOTION: That the hearing be closed; and that the Mayor and Common
Council deny Appeal No. 07-06 and uphold the Planning
Commission's approval of Conditional Use Permit No. 07-28,
based upon the Findings of Fact contained in the Planning
Commission's Staff Report, and subject to the Conditions of
Approval (Attachment C to the Planning Commission Staff
Report) and Standard Requirements (Attachment D to the
Planning Commission Staff Report).
END OF PLANNING ITEMS
12 02/04/2008
30. 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.)
31. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p. m., Tuesday, February 19, 2008, in the Council Chambers, 300
North "D" Street, San Bernardino, California.
13 02/04/2008
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.
14 02/04/2008