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HomeMy WebLinkAbout08-04-2008 Jt Regular Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. ?D? Street Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 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 pages 13-14.) Any writings or documents provided to a majority of the City Council/Commission regarding any item on the agenda will be made available for public inspection at the nd City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during normal business hours. In addition, such writings and documents will be posted on the City?s website at www.sbcity.org. 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. 108/04/2008 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): Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01027SGL (Opx); San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. - San Bernardino Superior Court Case No. CIVSS 807685; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 708367; Garrett Warren v. City of San Bernardino - United States District Court Case No. EDCV 08-72; Argy v. Johnson - San Bernardino Superior Court Case No. CIVSS 708058; White v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 806002; Conrad v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 808602. 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: Claim filed by Manta Management; Inland Communities Corp. v. City of San Bernardino (Paradise Hills); One (1) case. (Item Continued on Next Page) 208/04/2008 1. Continued. C. Conference with legal counsel ? anticipated litigation ? initiation of litigation ? pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session ? personnel ? pursuant to Government Code Section 54957: Director of Code Enforcement Kelli Bruhl John Wilson 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. END OF CLOSED SESSION 308/04/2008 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. 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 31 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. 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: June 16, 2008 (Distributed 7/28/2008) June 30, 2008 (Distributed 7/28/2008) July 7, 2008 (Distributed 7/29/2008) 408/04/2008 7. Item Deleted. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Interim Chief Examiner, dated July 30, 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. LAID OVER FROM JULY 21, 2008 City Attorney 9. An ordinance of the City of San Bernardino extending a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes. FINAL READING (No Cost to the City) (Backup material distributed on July 21, 2008, Item No. 40.) MOTION: That said ordinance be adopted. City Clerk 10. Resolution of the City of San Bernardino repealing Resolution No. 98-310 and adopting the revised records retention schedule attached as Exhibit ?A?. (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. Council Office 11. Use of Hernandez Community Center by American Sports University. (Staff Report not available at time of printing.) 508/04/2008 Development Services 12. Set a Capital Improvement Program (CIP) workshop for Monday, August 18, 2008, at 5:30 p.m. in the Economic Development Agency Boardroom to review the 5-year Capital Improvement Program ? Fiscal Years 2008/09 ? 2012/13. (See Attached) (No Cost to the City) All Wards MOTION: That a Capital Improvement Program (CIP) workshop be set for Monday, August 18, 2008, at 5:30 p.m. in the Economic Development Agency Boardroom to review the 5-year Capital Improvement Program ?Fiscal Years 2008/09 ? 2012/13. 13. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, ?A Resolution?designating certain streets, or portions thereof as through highways?? and establishing two-way stops at the intersections of Twenty-Eighth Street at Fremontia Drive and Twenty-Ninth Street at Fremontia Drive. (See Attached) (Cost to the City - $1,000 from the General Fund) Ward 7 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Kalban, Inc. for the construction of ADA access and sidewalks at various locations (SS-B 2007/08), per Project Plan No. 12295. (See Attached) (Cost to the City - $400,000 from ½-Cent Sales and Road Tax Fund) All Wards MOTION: That said resolution be adopted. 15. Resolution of the City of San Bernardino authorizing and directing execution of a license and agreement with Inland Empire Resources Conservation District for access to Chestnut Debris Basin. (See Attached) (No Cost to the City) Ward 5 MOTION: That said resolution be adopted. 608/04/2008 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement relative to the selling price of tax- defaulted property located at 2255 Bessant Street, San Bernardino, proposed to be purchased from the County of San Bernardino by the San Bernardino City Unified School District. (See Attached) (No Cost to the City) Ward 7 MOTION: That said resolution be adopted. Facilities Management 17. Resolution of the Mayor and Common Council of the City of San Bernardino establishing the schedule of penalties for parking violations set forth in the City of San Bernardino Municipal Code and the California Vehicle Code, and amending Part VIII of Resolution 2008-149. (See Attached) (Additional revenue of $150,000 annually to the General Fund) All Wards MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement for services with and issuance of a purchase order to Westbeach Group, Inc dba West Beach Systems for the Boys & Girls Club CCTV Security System for Delmann Heights Community Center in the City of San Bernardino per RFQ F-08-23. (See Attached) (No Cost to the City; $21,720 from Community Development Block Grant Funds Reimbursement) Ward 6 MOTION: That the Mayor and Common Council reject the bid of Protection One because the bid is non-responsive; that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008/09 budget and carry over $21,720.00 to Account No. 001-321-5706 (Alterations and Renovations). Finance 19. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a bid for lease purchase financing to Koch Financial Corporation for the purchase of four (4) water-cooled air conditioners, contingency funds and contingency/temporary cooling equipment. (See Attached) (Cost to City - $106,000 from Utility Fund) Ward 1 MOTION: That said resolution be adopted. 708/04/2008 Fire 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a new temporary employment agreement between the City of San Bernardino and Donald Feser for the position of Disaster Coordinator. (See Attached) (Cost to the City - $57,000 from Salaries Temporary/Part Time) All Wards MOTION: That said resolution be adopted. LAID OVER FROM JULY 21, 2008 21. An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 9.90.010 of Chapter 9.90 regarding authority to arrest and issue citations. FINAL READING (No Cost to the City) (Backup material distributed on July 21, 2008, Item No. 30.) All Wards MOTION: That said ordinance be adopted. Information Technology 22. Resolution of the City of San Bernardino authorizing the purchase of a three year maintenance contract for the Public Safety Dispatch Center?s digital voice logging recorder from NICE Systems of Uniondale, New York. (See Attached) (No Net Cost to the City - $69,244.64 to be reimbursed by the State of California) All Wards MOTION: That said resolution be adopted. 23. Resolution of the City of San Bernardino authorizing execution of an agreement with the State of California, 911 office to participate in the 911 emergency number system, the purchase of an upgrade to the City?s public safety answering point (PSAP) 911 telephone system and the purchase of a five year maintenance plan for the 911 system from Verizon Communications of Thousand Oaks, California. (See Attached) (No Net Cost to the City - $259,835.63 to be reimbursed by the State of California) All Wards MOTION: That said resolution be adopted. 808/04/2008 Human Resources 24. Resolution of the City of San Bernardino amending Resolution 2007-345, Section 2, B. Compensation and Section 2, Y. Holidays, between the City and Management/Confidential employees. (See Attached) (No Cost to the City ? Estimated budget savings of $613,500) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Finance Director, or her designee, to issue a purchase order to Donegan Tree Service in the amount of $75,000 for tree maintenance service in various Landscape Maintenance Districts. (See Attached) (Cost to the City - $75,000 from Various Landscape Maintenance District Funds) All Wards MOTION: That said resolution be adopted. Public Services 26. Resolution authorizing the City Manager to execute Amendment No. 2 to the vendor services agreement with three (3) one year extensions at the City?s option with 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 the City - $1,000,000 from Fleet Services) All Wards MOTION: That said resolution be adopted. 27. 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 $238,000 by exercising its fourth and final year option with Rehrig Pacific Company for the purchase of automated carts for residential refuse services. (See Attached) (Cost to the City - $238,000 from Refuse Fund) All Wards MOTION: That said resolution be adopted. 908/04/2008 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order pursuant to Section 3.04.010 B-3 of the Municipal Code in the amount of $125,200 to New West Signal for the installation of new streetlights on Parkside thth Drive between 30 and 34 Streets. (See Attached) (Cost to the City $125,200 from ½-Cent Sales and Road Tax and Special Gas Tax Funds) Ward 7 MOTION: That said resolution be adopted. 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $120,000 to Zumar Industries, Inc., for the purchase of traffic signs for repair, removal, and replacement of damaged, faded and vandalized signs, and new installation of signs located throughout the City of San Bernardino. (See Attached) (Cost to the City - $120,000 from the General Fund) All Wards MOTION: That said resolution be adopted. 30. Resolution authorizing an agreement and increase to an interim purchase order to ?Y? Tires of Los Angeles for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division pursuant to Section 3.04.010 B-3 of the Municipal Code. (See Attached) (Cost to the City - $65,000 from Fleet Services Fund) All Wards MOTION: That said resolution be adopted. SBETA 31. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a consultant services agreement by and between the City of San Bernardino and California Municipal Technologies, Inc., a California Corporation, for a course management registration software system pursuant to Municipal Code Section 3.04.010 B-3, and ratifying action taken between March 31, 2008 and the date of this resolution. (See Attached) (No Cost to the City ? Funding from Workforce Investment Act Funding) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 10 08/04/2008 COMMITTEE CONSENT Recommended for approval at the Legislative Review Committee Meeting on July 22, 2008 ? Committee Members Present: Kelley, Baxter, Brinker City Attorney 32. An Ordinance of the City of San Bernardino adding Chapter 5.19 to the San Bernardino Municipal Code regarding prohibiting sex offenders from peddling and soliciting and repealing Section 5.04.605 regarding house-to-house solicitors. FIRST READING MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Legislative Review Committee Meeting on July 22, 2008 ? Committee Members Present: Kelley, Baxter, Brinker Development Services 33. An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Chapter 12.03 (Right-of-Way permits, excavations and temporary encroachments), Section 12.030.020 (definitions) and adding Section 12.03.055 to establish a trench cut moratorium on newly paved public roadways. (See Attached) FIRST READING All Wards MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Grants Ad Hoc Committee Meeting on July 15, 2008 ? Committee Members Present: McCammack, Baxter, Brinker Development Services 34. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a project application for the Federal Safe Routes to School (SRTS) Program Cycle 2 Funding. (See Attached) (No Cost to the City) Ward 6 MOTION: That said resolution be adopted. Recommended for approval at the Police Ad Hoc Committee Meeting on July 29, 2008 ? Committee Members Present: Kelley, Johnson Police 35. Implementation of an Anti-Graffiti Rewards Program. (See Attached) All Wards MOTION: That the Mayor and Common Council approve the implementation of an Anti-Graffiti Awards Program. END OF COMMITTEE CONSENT 11 08/04/2008 PUBLIC HEARINGS CONTINUED FROM JUNE 16, 2008 TO BE HEARD AT 4:00 P.M. City Clerk 36. Appeal hearing regarding the decision of the City Clerk concerning delinquent transient lodging taxes owed by the Budget Lodge. (No cost to City) (Backup material distributed on June 16, 2008, Item No. 26.) Ward 3 MOTION: That the matter be tabled. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM JULY 7, 2008 City Attorney 37. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San Bernardino Municipal Code regarding scrap metal recycling. FIRST READING (No backup material was distributed on June 2, 2008, Item No. 31; item continued to June 16, 2008, Item No. 30; item continued to July 7, 2008, Item No. 38.) (Staff Report and Ordinance not available at time of printing.) MOTION: That the matter be continued to September 2, 2008. CONTINUED FROM JUNE 2, 2008 Development Services 38. Norton Space and Aeronautics Academy ? Reimbursement Agreement for waiver/reimbursement of fees. (New Request for Council Action Attached) (Backup material distributed on June 2, 2008, Item No. 15.) Ward 1 MOTION: That the Mayor and Common Council continue consideration of a reimbursement agreement until December 1, 2008. END OF CONTINUED ITEMS 12 08/04/2008 STAFF REPORTS City Attorney 39. An Urgency Ordinance of the City of San Bernardino establishing a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes, declaring the urgency thereof, and taking effect immediately. URGENCY MOTION: That said urgency ordinance be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee Meeting of July 24, 2008 - Committee Members Present: Estrada, Baxter & McCammack as an alternate for Johnson R40. Resolution of the Community Development Commission of the City of San Bernardino, California, approving an agreement with Louis Schnepp, Dakota Management Company, Inc., and authorizing execution thereof, providing for professional real estate consultant services. (See Attached) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee Meeting of July 24, 2008 - Committee Members Present: Estrada, Baxter & McCammack as an alternate for Johnson R41. 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. 2 to the Maintenance and Operation Contract by and between th the Agency 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. 13 08/04/2008 Recommended for approval at the Redevelopment Committee Meeting on July 24, 2008 ? Committee Members Present: Estrada, Baxter & McCammack as an alternate for Johnson R42. Invoice for Water Damage Cleanup - California Theatre of the Performing Arts th located at 562 West 4 Street (Central City North Redevelopment Project Area). (See Attached) Ward 1 MOTION: That the Community Development Commission of the City of San Bernardino approve payment of an invoice in the amount of $27,308.30 to ACR Services for Water Extraction and Biological Hazard Remediation services at the California Theatre of the Performing Arts. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING CONTINUED FROM JULY 21, 2008 TO BE HEARD AT 4:30 P.M. 43. Public Hearing - Conditional Use Permit (CUP) No. 08-03 (Appeal No. 08-02) - An appeal of the Planning Commission Denial of CUP No. 08-03, a request to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality Lane. (No Cost to the City) (Backup material distributed on July 21, 2008, Item No. 39.) Ward 3 Appellant: Manta Management Corp. c/o Roger Jon Diamond 2115 Main Street Santa Monica, CA 90405 Owner: CMGH LLC c/o Lawrence Wessel 740 S. Bunting Ct. Anaheim, CA 92808 Request/Location: This is an appeal of the Planning Commission Denial of CUP No. 08-03, a request to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality Lane. Mayor to open the hearing. . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission denial of Conditional Use Permit No. 08-03, a request to obtain a new Type 48 ABC license at 100 West Hospitality Lane. 14 08/04/2008 44. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-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.) 45. Adjournment. MOTION: That the meeting be adjourned to 4:30 p.m., Wednesday, August 6, 2008, in the Council Chambers of City Hall, to discuss personnel and budget issues. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, August 18, 2008, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 15 08/04/2008 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. 16 08/04/2008