HomeMy WebLinkAbout02-19-2008 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.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, FEBRUARY 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 pages 11-13. )
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):
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;
City of Banning, et al. v. James Jones Company, et al. -Los Angeles
Superior Court Case No. BC 321513.
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:
Los Angeles Times v. Commission on Peace Officer Standards and
Training -Sacramento County Superior Court Case No. 03CS01077
D. Closed Session -personnel -pursuant to Government Code Section
54957:
Employee Contract
Fire Chief
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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
2. Property Address: 1208 N. "H" Street
APN: 0145-221-09
Negotiating Parties: Keith Williams, Acquisition Agent, on
behalf of Caltrans, as buyer and Fred
Wilson, City Manager, on behalf of the
City of San Bernardino
Under Negotiation: Purchase, price, terms and conditions
3. Property Address: Vacant Lot
APN: 0147-191-12
Negotiating Parties: Fred Wilson, City Manager, on behalf of
the City of San Bernardino, and Gerald
Crowther on behalf of Grand Central
Enterprises, Inc. , property owners
Under Negotiation: Purchase prices, terms and conditions
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RECONVENE MEETING - 3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
A. Rev. Bronica Martindale -Measure "Z" Citizens Oversight Committee
- Council Member Johnson. (See Attached)
MOTION: That the appointment of Rev. Bronica Martindale to the
Measure "Z" Citizens Oversight Committee, as requested
by Council Member Johnson, 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
22 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:
December 17, 2007 (Distributed on 2/8/2008)
January 7, 2008 (Distributed on 2/11/2008)
January 22, 2008 (Distributed on 2/7/2008)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated February 1, 2008,
from Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated February 12, 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.
Animal Control
9. 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. FINAL READING (Backup material was
distributed on February 4, 2008, Item No. 25.)
MOTION: That said ordinance be adopted.
Development Services
10. Resolution of the City of San Bernardino approving Amendment No. 2 to
agreement for professional services with TY Lin International for preparation of
a project study report/project report for the University Parkway/Interstate 215
interchange loop entrance ramp project (SS04-19). (See Attached) (Cost to
City - $37,681 from Street Construction Fund and 1/z Cent Sales and Road
Tax Fund.) Ward 5
MOTION: That said resolution be adopted.
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11. Resolutions awarding contracts to Weka, Inc. for construction of sewer force
main and Colton lift station improvements at Inland Center Drive and sewer
main and sewer encasements at Mill Street and relocation of sewer force main
near Inland Center Mall east of Ring Road and south of Inland Center Drive -
Plan Nos. 12350 and 12086. (See Attached) (Cost to City - $1,536,000 from
Street Construction Fund.) Ward 3
A. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Weka, Inc. for the construction of
sewer force main and Colton Lift Station improvements at Inland Center
Drive and sewer main and sewer main encasements at Mill Street (SW-
08-08), per Project Plan No. 12350.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Weka, Inc. for the relocation of sewer
force main near Inland Center Mall east of Ring Road south of Inland
Center Drive (SW08-08), per Project Plan No. 12086.
MOTION: That said resolutions A&B, be adopted; and that the
Director of Finance be authorized to amend the Fiscal
Year 2007/08 budget to increase the project expenditure
Account No. 242-362-5504-7747 by $1,363,500 and to
make a corresponding increase in revenue resulting from
the future Caltrans reimbursement of project expenses.
Finance
12. Receive and File the FY 2006-2007 Year End Report for the Development
Impact Fee Funds. (See Attached) (No Cost to City.)
MOTION: That the Mayor and Common Council receive and file the Fiscal
Year 2006-2007 Year End Report for the Development Impact
Fee Funds.
Fire
13. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of the 2008 Rolf H. Jensen Memorial Public Education
Grant application to the National Fire Protection Association in the amount of
$5,000. (See Attached) (No Cost to City.) All Wards
MOTION: That said resolution be adopted.
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Human Resources
14. Resolution of the City of San Bernardino authorizing the execution of an
agreement with Corvel to provide utilization review services for the City's
Workers' Compensation Program. (See Attached) (Cost to City -not to
exceed $100,000 annually from Workers' Compensation Fund.)
MOTION: That said resolution be adopted.
Mayor
15. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application to the David and Lucille Packard
Foundation, and authorizing the City Manager or his designee to execute Grant
documents. (See Attached) (No cost to City.) (Resolution not available at
time of printing.) All Wards
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a vendor service agreement and issuance of a
purchase order to JMS Electric, Inc. for the purchase and installation of field
lighting at Jerry Burnell Field - Civitan Little League. (See Attached) (Cost to
City $88,032.86 from Park Construction Fund.) Ward 4
MOTION: That said resolution be adopted.
Police
17. Resolution of the City of San Bernardino increasing P.O. #208267 to an amount
not to exceed $628, 800, to cover the budgeted costs of an existing 2'/a year
contract between the City of San Bernardino and California Aviation Services,
Inc. for helicopter patrol services. (See Attached) (Cost to City - $628,800
from General Fund.) All Wards
MOTION: That said resolution be adopted.
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18. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a Seatbelt Mini-Grant application by the Police
Department to the California Office of Traffic Safety / UC Berkeley Traffic
Safety Center in the amount of $32,405.00, and authorizing the Police
Department to administer the grant funds, if awarded, in accordance with the
grant expenditure plan. (See Attached) (No cost to City - $32,405 in Grant
Funding.) All Wards
MOTION: That said resolution be adopted.
Public Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of the Third Amendment to the Waste Delivery
Agreement between the County of San Bernardino and the City of San
Bernardino. (See Attached) (Cost to City - $69,500 from Integrated Waste
Management Fund.) All Wards
MOTION: That said resolution be adopted.
20. 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
Redlands Auto Center pursuant to Section 3.04.010 B-3 of the Municipal Code
for the purchase of one right hand drive Jeep Wrangler, to be utilized by the
Facilities Department Parking Control Division. (See Attached) (Cost to City -
$26,329.94 from Fleet Services Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of the application for Waste Tire Enforcement Grant
Funds from the California Integrated Waste Management Board. (See Attached)
(No cost to the City - $32,835 from Grant Funds.) All Wards
MOTION: That said resolution be adopted.
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Water
22. Receive and file -Annual Audit of the Water Department's Water and Sewer
Utilities for the fiscal year ending June 30, 2007. (See Attached)
MOTION: That the Mayor and Common Council receive and file the Annual
Audit of the Water Department's Water and Sewer Utilities for
the fiscal year ending June 30, 2007.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee Meeting of
February 5, 2008 -Committee Members Present: Kelley, Brinker & Derry
23. Authorize funding for one-time set-up costs and annual maintenance of a
citywide Mobile Library Unit from the FY 2008-09 budget. (Cost to the City -
- $195,504 from the General Fund.)
MOTION: That the request to fund aone-time set-up cost of $62,000 and an
ongoing annual maintenance cost of $133,504 for the operation of
a mobile library unit to provide library services to the
underserved areas of the city beginning with the FY 2008-09
budget, be approved.
Recommended for approval at the Ways and Means Committee meeting of
February 13, 2008 -- Committee Members Present: Derry & Johnson
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an agreement with the San Bernardino Downtown Rotary Club for
financial assistance from the Civic and Promotion Fund FY 2007-08. (Cost to
City $5,000 direct; $9,688.64 indirect from the Civic and Promotion Fund.)
(Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted; that funding be authorized in the
amount of $5,000 and indirect funding in the amount of
$9,688.64 be transferred from the FY 2007-08 Civic and
Promotion Fund into the Police Department account as listed in
the Staff Report; and authorize a waiver of fees and use of City
personnel and equipment to assist with the Earth Day Fair &
Expo 2008 scheduled for Apri125 & 26, 2008.
END OF COMMITTEE CONSENT
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PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M
City Attorney
25. Public hearing -Urgency Interim Ordinance adding San Bernardino Municipal
Code Section 19.06.026 (Development Code) and extending a temporary
moratorium on the establishment and operation of medical marijuana
dispensaries and other similar uses. (Document not available at time of
printing.)
An Urgency Interim Ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Section 19.06.026 (Development Code) and
extending a temporary moratorium on the establishment and operation of
medical marijuana dispensaries and other similar uses, declaring the urgency
thereof, and taking effect immediately. URGENCY (Ordinance not available
at time of printing.)
Mayor to open the hearing .
MOTION: That the hearing be closed; and that said urgency ordinance be
adopted.
TO BE HEARD AT 4:00 P.M.
City Clerk
26. Public hearing -resolution imposing liens on properties located within the City
for uncollected business registration fees. (See Attached) (No Cost to City.)
All Wards
Resolution of the City of San Bernardino imposing liens on certain parcels of
real property located within the City of San Bernardino for uncollected business
registration fees.
Mayor to open the hearing .
MOTION: That the hearing be closed; that the City Clerk be directed to
administratively remove any properties from Exhibit A which
have been paid prior to the hearing; and that said resolution be
adopted.
END OF PUBLIC HEARINGS
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CONTINUED ITEMS
CONTINUED FROM FEBRUARY 4, 2008
Council Office
27. Report on League of California Cities Policy Committee meetings. (Backup
material was distributed on February 4, 2008, Item No. 15.)
MOTION: That the report be received and filed.
CONTINUED FROM FEBRUARY 4, 2008
28. Development Services
Findings of Fact for denial of Conditional Use Permit No. 07-28, a request to
construct a monopalm telecommunications tower and associated equipment on
the north side of Baseline Street, approximately 245 feet east of Pennsylvania
Avenue in the CG-1, Commercial General land use district. (See New Staff
Report Attached) (Backup material was distributed on February 4, 2008,
Item No. 29.) Ward 6
MOTION: That the Mayor and Common Council adopt the Findings of Fact
for denial of Conditional Use Permit No. 07-28.
END OF CONTINUED ITEMS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee Meeting on
January 24, 2008 --Committee Members Present: Estrada, Baxter &
Johnson
TO BE HEARD AT 4:30 P.M.
R29. Public Hearing -Reallocation of Community Development Block Grant Funds
to the City of San Bernardino Parks & Recreation Department After School
Youth Programs -Operation Phoenix Neighborhood Initiative. (Document not
available at time of printing.)
Resolution of the Mayor and Common Council of the City of San Bernardino
1) authorizing the reallocation of the 2006-2007 and 2007-2008 Community
Development Block Grant ("CDBG") Funds in the amount of $146,000, as per
Attachment I and 2) approving amendments to the 2005-2010 Consolidated
Plan and the 2006-2007 and 2007-2008 Annual Action Plans (Operation
Phoenix Neighborhood Initiative) . (Resolution not available at time of
printing.)
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R29. Continued.
Mayor to open the hearing .
MOTION: That the hearing be closed; and that said resolution be adopted.
Recommended for approval at the Redevelopment Committee Meeting on
July 19, 2007-- Committee Members Present: Estrada, Baxter & Johnson
TO BE HEARD AT 4:30 P.M.
R30. Joint Public Hearing -TELACU Senior Housing -San Bernardino IV, Inc.,
2008 HOME Funds Loan and Grant Development Agreement (IVDA
Redevelopment Project Area). (Document not available at time of printing.)
Ward 4
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving 1) an amendment to the City's 2005-2010 Five-
Year Consolidated Plan and the 2007-2008 Annual Action Plan, and 2)
the allocation of $3.2 million in Federal HOME CHDO Grant Funds to
TELACU Senior Housing -San Bernardino IV, Inc., a California non-
profit corporation ("Developer") (IVDA Redevelopment Project Area).
(Resolution not available at time of printing.)
(Community Development Commission)
B. 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 the 2008 HOME Funds Loan and Grant
Development Agreement by and between the Agency and TELACU
Senior Housing -San Bernardino IV, Inc., a California non-profit
corporation ("Developer") (IVDA Redevelopment Project Area).
(Resolution not available at time of printing.)
Mayor to open the hearing .
MOTION: That the matter be continued to March 3, 2008.
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Recommended for approval at the Redevelopment Committee Meeting of
September 6, 2007, -- Committee Members Present: Estrada, Baxter &
Johnson
R31. 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 Maintenance and Operation Contract by and among the
Agency, the County of San Bernardino and the Assistance League of San
Bernardino (580 West 6`~ Street, San Bernardino - Central City North
Redevelopment Project Area). (See Attached) Ward 1
MOTION: That said resolution be adopted.
R32. Resolution of the Community Development Commission of the City of San
Bernardino ("Commission") (1) approving Amendment No. 1 to the 2006
Disposition and Development Agreement by and between the Redevelopment
Agency of the City of San Bernardino ("Agency") and HSB I-215, L.P., a
California limited partnership and SE I-215, L.P., a California limited
partnership (collectively, referred to as "Developer"); (2) authorizing the
Interim Executive Director of the Agency to execute said Amendment No. 1; (3)
approving the Water Storage Capacity Payment Agreement ("Agreement") by
and between the Agency and the San Bernardino Municipal Water Department
("SBMWD"); and (4) authorizing the Chairman of the Commission to execute
the Agreement with SBMWD (State College Redevelopment Project Area).
Ward 6
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
City Attorney
33. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a compromise and settlement agreement for
the settlement of matters in litigation between the City and Diamond
Concessions, Inc. and between the City and the Inland Empire 66ers Baseball
Club of San Bernardino, Inc. (Document and Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
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34. 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.)
35. 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, March 3, 2008, in the Council Chambers, 300 North
"D" Street, San Bernardino, California.
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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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