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HomeMy WebLinkAbout08-18-2008 Reg Agenda 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 18, 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 14 & 15.) 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: ___________________________________________ 08/18/2008 1 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. 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; 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; Shirley Goodwin v. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-66 RT (OP); Zakyia Watson, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 807970; City of San Bernardino v. Jesus Rodrigues Frausto, et al. - San Bernardino Superior Court Case No. CIVSS 701469; (Item Continued on Next Page) 08/18/2008 2 1. Continued. Omnipoint Communications, Inc., dba T-Mobile v. City of San Bernardino, et al. - United States District Court Case No. CV08-01881 GAF (OPx). 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); Baude v. James Penman, Fred Wilson and City of San Bernardino; One (1) case 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 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: 1. Property Address: 1208 North ?H? Street, San Bernardino Negotiating Parties: Don Gee, Deputy Director of the Redevelopment Agency on behalf of the City of San Bernardino, and Keith Williams on behalf of Caltrans. Under Negotiation: Purchase price, terms, and conditions 08/18/2008 3 1. Continued. Central City North Redevelopment Project Area 2. Property Address: 450 North ?E? Street, San Bernardino APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency, and Moctesuma Esparza, CEO and Founder on behalf of Maya Cinemas. Under Negotiation: Purchase price, terms, and conditions Central City South Redevelopment Project Area 3. Property Addresses: 225 Orange Show Lane, San Bernardino Negotiating Parties: Don Gee, Deputy Director of the Redevelopment Agency on behalf of the City of San Bernardino, and Ed and Joyce Seidner and James W. Redfern 2002 Family Trust, as Owners of said Property. Under Negotiation: Purchase price, terms, and conditions for acquisition by the City of San Bernardino END OF CLOSED SESSION 08/18/2008 4 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A.John Matley ? Bureau of Franchises ? Council Member Baxter (See Attached) MOTION: That the appointment of John Matley to the Bureau of Franchises, as requested by Council Member Baxter, 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 37 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. 08/18/2008 5 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: July 28, 2008 (Distributed 8/04/08) July 31, 2008 (Distributed 8/11/08) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 11, 2008, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Interim Chief Examiner, dated August 13, 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 AUGUST 4, 2008 City Attorney 9. 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. FINAL READING MOTION: That said ordinance be adopted. City Council 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement with the patrons of the Roosevelt Bowl for the provision of support services for Market Night at Perris Hill Park, and ratifying an action taken between April 17, 2008 and the date that this resolution is adopted. (See Attached) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. 08/18/2008 6 LAID OVER FROM AUGUST 4, 2008 Development Services 11. 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. FINAL READING MOTION: That said ordinance be adopted. 12. Authorize the Director of Development Services to execute Contract Change Order No. One with Nikola Corporation for Sewer and Street Improvements for various streets (SW07-02, SW07-01, SW06-01 & SW06-09), per Project Plan No. 11868. (See Attached) (Cost to the City - $29,653.11 from Sewer Line Construction Fund and Sewer Maintenance Fund) Wards 2, 3, & 7 MOTION: That the Director of Development Services be authorized to execute Contract Change Order No. One with Nikola Corporation for Sewer and Street Improvements for various streets (SW07-02, SW07-01, SW06-01 & SW06-09), per Project Plan No. 11868. 13. Authorize the Director of Development Services to execute Contract Change Order No. One with L.A. Builders, Inc. for Segment 3 Sewer Line Relocation I-215 (SW08-08), per Project Plan No. 11916. (See Attached) (Cost to the City - $354,558.73 from Street Construction Fund) Ward 3 MOTION: That the Director of Development Services be authorized to execute Contract Change Order No. One with L.A. Builders, Inc. for Segment 3 Sewer Line Relocation I-215 (SW08-08), per Project Plan No. 11916. 14. Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license (Off-sale Beer & Wine) for SM Asian Market located at 333 South ?E? Street. (See Attached) (No Cost to the City) Ward 1 MOTION: That the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to contact the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license (Off-sale Beer & Wine) to SM Asian Market located at 333 South ?E? Street, subject to conditions of approval recommended by the Police Department. 08/18/2008 7 15. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Palm Avenue and Piedmont Drive area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1062; preliminarily approving the Engineer?s report and giving notice of a public hearing. (See Attached) (Cost to the City - $348.28 from the General Fund) Ward 4 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Palm Avenue and Piedmont Drive area (Tract Map No. 10302), to be known as Assessment District No. 1062; and that said resolution be adopted. 16. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Foothill Drive and Sterling Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1058; preliminarily approving the engineer?s report and giving notice of a public hearing. (See Attached) (No Cost to the City) Ward 4 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Foothill Drive and Sterling Avenue Area, to be known as Assessment District No. 1058; and that said resolution be adopted. 17. Resolution of the Mayor and Common Council of the City of San Bernardino approving the final map for Tract Map No. 17793, located on the east side of Lynwood Way between Amanda Street and Byron Street, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. 08/18/2008 8 18. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Nikola Construction Corporation for sewer improvements in Industrial Parkway ? Tippecanoe Avenue ? ?I? Street and pavement rehabilitation on Tippecanoe Avenue ? ?I? Street ? Sterling Avenue (SW05-05, SW05-06, SW04-36, & SS06-56), per Project Plan No. 11923A. (See Attached) (Cost to the City - $900,000 from Sewer Line Construction Fund, Sewer Line Maintenance Fund & ?I? Bank Infrastructure Loan) (Resolution not available at time of printing.) Wards 1, 6 & 7 MOTION: That the Mayor and Common Council reject the protest of Alliance Streetworks, Inc.; and that said resolution be adopted. 19. Resolution of the City of San Bernardino authorizing the City Manager to execute agreements for services with Joseph E. Bonadiman & Associates, Inc., Guida Surveying, Inc. and Associated Engineers, Inc. for on-call surveying and map checking support. (See Attached) (Cost to the City - $130,000 from CIP Accounts and Plan Check Trust) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino amending the reimbursement agreement with the City of Riverside for street improvements to Commercial Road and Hunts Lane. (See Attached) (Cost to the City - $2,330 from ½ Cent Sales Tax and Road Tax Fund) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino approving consultant services agreements with the firms of Willdan and Transportation Engineering and Planning, Inc. to provide on-call traffic engineering services. (See Attached) (Cost to the City - $40,000 from General Fund) All Wards MOTION: That said resolution be adopted. 08/18/2008 9 22. Resolution of the City of San Bernardino authorizing the execution of a lease agreement with Omnipoint Communications Inc., relating to City-owned property located north of Base Line Street and east of California Street (Ann Shirrell?s Park). (See Attached) (Revenue to the City - $107,940 over five (5) year term) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. Finance 23. Resolution of the City of San Bernardino authorizing the adoption of the FY 2008-09 Budget. (Staff Report and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Fire 24. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the budget detail worksheet for the Fiscal Year 2008 Homeland Security Grant Program to the San Bernardino County Fire Department, Office of Emergency Services. (See Attached) (No Cost to the City - $6,100 in Grant Revenues if Awarded) All Wards MOTION: That said resolution be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the budget detail worksheet for the Fiscal Year 2008 Metropolitan Medical Response System (MMRS) Grant Program to the San Bernardino County Fire Department, Office of Emergency Services. (See Attached) (No Cost to the City - $321,221 in Grant Revenues if Awarded) All Wards MOTION: That said resolution be adopted. Parks, Recreation & Community Services 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a use of facilities agreement between the City of San Bernardino and California State University, San Bernardino providing for the University?s use of Fiscalini Field (See Attached) (Revenue to the City - $17,500) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. 08/18/2008 10 27. Item deleted. Police 28. Resolution of the City of San Bernardino authorizing the execution of a professional services agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2008/09. (See Attached) (Cost to the City - $51,300 from the General Fund) All Wards MOTION: That said resolution be adopted. 29. Item deleted. 30. 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 in the amount of $92,241.00, and authorizing the Police Department to administer the grant funds, if awarded, in accordance with the Grant Expenditure Plan. (See Attached) (No Cost to the City ? Grant Revenue of $92,241 if awarded) All Wards MOTION: That said resolution be adopted. 31. Resolution of the City of San Bernardino authorizing the purchase and installation of a replacement jail doors control console from Rockwell Controls, Inc., of Fullerton, California, pursuant to Chapter 3.04.010 (b)(3) of the Municipal Code and authorizing a budget amendment and transfer (See Attached) (Cost to the City - $90,670 from the General Fund) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to process a budget amendment moving $90,700 from Account No. 001-228-5505 (Other Professional Services) to Account No. 001-228-5704 (Capital Outlay-Other Equipment). Public Services 32. Review of the Public Services Integrated Waste Management Division Business Plan prepared by R3 Consulting Group. (See Attached) (No Cost to the City) All Wards MOTION: That the business plan be referred to the Ways and Means Committee. 08/18/2008 11 33. Approve the preparation schedule for the Sewer System Management Plan (SSMP) as required by the State Water Resources Control Board. (See Attached) (No Cost to the City) All Wards MOTION: That the preparation schedule for the Sewer System Management Plan (SSMP) be approved. 34. 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 $900,000 to EFS West for LNG/CNG heavy equipment garage modifications to the Fleet Division heavy equipment maintenance facility. (Cost to the City - $900,000 from Integrated Waste Management and Sewer Fund with the possibility of an MSRC Grant of $350,000 after the job is completed) Ward 1 MOTION: That the Director of Finance be authorized to amend the FY 2008/09 adopted Public Services Budget and transfer $150,000 from Account No. 132-000-3405 (Sewer Fund Balance) into Account No. 132-431-5706 (Alterations and Renovations); and that said resolution be adopted. 35. 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 $34,000 with three (3) one-year extensions at the City?s option between the City of San Bernardino and South Bay Foundry, Inc. for the purchase of sewer manhole lids and collars. (See Attached) (Cost to the City - $34,000 from Sewer Line Maintenance Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 36. 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 $58,500 to Guzman Construction Company pursuant to Section 3.04.010 B-3 of the Municipal Code for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes. (See Attached) (Cost to the City - $58,500 from Sewer Line Maintenance Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 08/18/2008 12 37. 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 $100,000 with three (3) one-year extensions at the City?s option between the City of San Bernardino and Guzman Construction Co. for the repairs of sidewalks, curbs, gutters and cross gutters. (See Attached) (Cost to the City - $100,000 from the General Fund) (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 July 22, 2008 - Committee Members Present: Kelley, Baxter, Brinker City Manager 38. Ordinance of the City of San Bernardino amending Chapter 2.19 of Title 2 of the San Bernardino Municipal Code establishing a Youth Advisory Commission. (See Attached) FIRST READING (No Cost to the City) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Legislative Review Committee meeting on August 5, 2008 - Members Present: Kelley, Brinker 39. Resolution of the Mayor and Common Council of the City of San Bernardino opposing fiscally irresponsible state budget decisions that would ?borrow? local government transportation funds. (See Attached) MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT STAFF REPORTS City Council 40. Presentation by Inland Communities regarding the proposed University Hills Project (See Attached) Ward 5 MOTION: That the presentation be received. 08/18/2008 13 Development Services 41. Capital Improvement Program (CIP) workshop 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. (Staff Report not available at time of printing.) END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee Meeting on August 7, 2008 - Committee Members Present: Estrada, Johnson R42Initiation of negotiations with Maya Cinema North America for a Consent to . Assignment and Amendment to Lease and a Disposition and Development Agreement for the Agency owned CinemaStar Theatre and vacant property. (See Attached) All Wards MOTION: That the Community Development Commission of the City of San Bernardino direct Agency Staff to initiate negotiations with Maya Cinema North America for a Consent to Assignment and Amendment to Lease and a Disposition and Development Agreement for the Agency owned CinemaStar Theatre and vacant property. Recommended for approval at the Redevelopment Committee Meeting on August 7, 2008 - Committee Members Present: Estrada, Johnson R43Resolution 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 Termination Agreement to the Disposition and Development Agreement by and between the Agency and Century Crowell Communities, LP. (See Attached) Ward 5 MOTION: That said resolution be adopted. 08/18/2008 14 Recommended for approval at the Redevelopment Committee Meeting on August 7, 2008 - Committee Members Present: Estrada, Johnson R44. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing execution of an agreement by and between the Redevelopment Agency of the City of San Bernardino (?Agency?) and the Inland Valley Development Agency (?IVDA?) for the administration of the federally funded High Ground Water/Liquefaction Mitigation and Economic Redevelopment Project as related to a United States Department of Commerce Economic Development Administration (EDA) Grant (07-49-06138 Award in the amount of $950,000). (See Attached) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee Meeting on August 7, 2008 - Committee Members Present: Estrada, Johnson R45. Resolution of the Mayor and Common Council of the City of San Bernardino regarding a TEFRA Hearing to be conducted by the County of San Bernardino for Revenue Bonds to be issued by the California Statewide Communities Development Authority for the benefit of Mountain Shadows Support Group for acquisition of five (5) properties within the City of San Bernardino. (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 46. 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.) 47. 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, September 2, 2008, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 08/18/2008 15 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. 08/18/2008 16