HomeMy WebLinkAbout02-05-2007 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, FEBRUARY 5, 2007 ? 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.
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.
02/05/2007
1
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):
Jamie Johnson v. City of San Bernardino, et al. ? United States District
Court Case No. EDCV 07-00028 (VAP) JCRx;
Myisha Maxwell, et al. v. City of San Bernardino, et al. ? San
Bernardino Superior Court Case No. SCVSS 130136;
Patrick Ricks Rainey v. City of San Bernardino, et al. ? United States
District Court Case No. EDCV 02-768 R (SGLx).
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: One Case
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:
Extension of Employee Contract
Chief of Police
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.
(Item Continued on Next Page)
02/05/2007
2
1. Continued.
F.Conference with labor negotiator ? pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
General Unit
Mid-Management Unit
San Bernardino Management/Confidential Unit
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
02/05/2007
3
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Frank Hawkins III ? Planning Commission ? Council Member Brinker.
(See Attached)
B. Angela Neuhaus ? Human Relations Commission ? Council Member
Brinker. (See Attached)
C. Mr. David Rosales ? Measure ?Z? Citizens Oversight Committee -
Council Member Brinker. (See Attached)
MOTION: That the appointments of Frank Hawkins, III, Angela
Neuhaus and David Rosales, as requested by Council
Member Brinker, be approved.
D. Jonathan Kuhn ? Measure ?Z? Citizens Oversight Committee ? Council
Member Estrada.
MOTION: That the appointment of Jonathan Kuhn to the Measure
?Z? Citizens Oversight Committee, as requested by
Council Member Estrada, be approved.
E. Norma Blackmon ? Animal Control Commission ? Council Member
Kelley.
MOTION: That the appointment of Norma Blackmon to the Animal
Control Commission, as requested by Council Member
Kelley, be approved.
F. Robert Evans ? Measure ?Z? Citizens Oversight Committee ? Council
Member Derry. (See Attached)
MOTION: That the appointment of Robert Evans to the Measure ?Z?
Citizens Oversight Committee, as request by Council
Member Derry, be approved.
G. Phillip Savage III ? Measure ?Z? Citizens Oversight Committee ?
Mayor Morris. (See Attached)
02/05/2007
4
(Item Continued on Next Page)
2. Continued.
H. Judith Valles ? Measure ?Z? Citizens Oversight Committee ? Mayor
Morris. (See Attached)
MOTION: That the appointments of Phillip Savage, III, and Judith
Valles to the Measure ?Z? Citizens Oversight Committee,
as requested by Mayor Morris, 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
17, 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. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated January 22, 2007,
from Barbara Pachon, Director of Finance, be approved.
02/05/2007
5
7. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated January 30, 2007 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 JANUARY 22, 2007
City Attorney
8. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 165.12.110 relating to political signs and Section
156.12.150 relating to violation-penalty. FINAL READING. (Backup
material distributed on January 22, 2007, Item No. 26.)
MOTION: That said ordinance be adopted.
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a Professional Services Agreement between Best, Best
& Krieger and the City of San Bernardino in the matter of Garrett Zimmon,
disability retirement application. (See Attached)
MOTION: That said resolution be adopted.
Code Compliance
10. Set an informational workshop for February 20, 2007, at 5:00 p.m. in the EDA
Boardroom to report on Operation Phoenix activities from the City of San
Bernardino, County of San Bernardino and California State University San
Bernardino (See Attached)
MOTION: That a workshop be set for February 20, 2007, at 5:00 p.m. in
the Economic Development Agency Boardroom to receive a
report on the Operation Phoenix activities.
Development Services
11. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting Amendment No. One to the Caltrans Disadvantaged Business
Enterprise (DBE) Race-Neutral Implementation Program Agreement for Federal
financial assistant projects. (See Attached) (No cost to the City.) (Resolution
not available at time of printing.) All Wards
02/05/2007
6
MOTION: That said resolution be adopted.
Finance
12. Authorize the lease-purchase of twenty (20) refuse trucks and three (3) street
sweepers through Comerica Leasing under existing Master Lease Agreement
with the City. (See Attached) (Cost to the City -- $525,909.85 in FY 06-07
from the Refuse Fund.) All Wards
MOTION #1: That the Director of Finance be authorized to lease-purchase
twenty (20) refuse trucks and three (3) street sweepers (purchases
previously approved by Council) through Comerica Leasing
under existing Master Lease Agreement with the City; and
MOTION #2: That the Director of Finance be authorized to amend the FY
2006-2007 budget and appropriate $109,400 from the Refuse
Fund balance to the following lease-payment accounts: $61,600
to Account No. 527-412-5803 (Residential); $8,400 to Account
No. 527-413-5803 (Commercial); and $70,000 to Account No.
527-414-5803 (Street Sweeping).
13. Authorize the Director of Finance to establish revenue and expenditure budgets
for the new Development Impact Fee funds for FY 20006/07. (See Attached)
MOTION: That the Director of Finance be authorized to establish revenue
and expenditure budgets for the new Development Impact Fee
funds for FY 2006/07 as indicated on Attachment I to the staff
report dated February 5, 2007 from Barbara Pachon, Director of
Finance.
Fire
14. 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
L.N. Curtis & Sons for self-contained breathing apparatus in the amount of
$49,396.80. (See Attached) (Cost to the City -- $49,396.80 from the Federal
and State Programs Fund.) All Wards
MOTION: That said resolution be adopted.
02/05/2007
7
Parks, Recreation & Community Services
15. Resolution of the Mayor and Common Council authorizing the execution of a
Management Agreement between the City of San Bernardino and Coast Soccer
League to provide management services at the San Bernardino Soccer Complex
for the dates February 3-4, 17-18 and April 7-8, 14-15, 21-22 and 28-29, 2007
and ratifying all action taken between February 3, 2007 and the approval of the
resolution. (See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Crest Chevrolet of San
Bernardino for the negotiated purchase of three (3) 2007 4WD Tahoe command
vehicles to be utilized by the Fire Department. (See Attached) (Cost to the
City -- $261,985.68 from the Motor Pool Fund.) All Wards
MOTION: That said resolution be adopted.
17. Resolution authorizing the execution of a purchase order to Crest Chevrolet of
San Bernardino for the negotiated purchase of one (1) Pipe Hunter Truck
Mounted Sewer Cleaner complete with Jet-Eye camera system to be utilized by
the Public Services Department Street Division Sewer Crew. (See Attached)
(Cost to the City -- $196,700.00 from the Sewer Line Maintenance Fund.)
All Wards
MOTION #1: That said resolution be adopted; and
MOTION #2: That the Director of Finance be authorized to amend the FY
2006/07 budget by transferring $196,700 from Account No. 132-
431-5704 Miscellaneous Equipment to Account No. 132-431-
5701 Motor Vehicles.
END OF CONSENT CALENDAR
02/05/2007
8
COMMITTEE CONSENT
Recommended for approval at Grants Committee Meeting on January 16,
2007 ? Committee Members present: Estrada and Baxter
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Contract with the County of San Bernardino
Probation Department to participate in the grant funded Juvenile Accountability
Program known as Intervention and Management of Probationer Accountability
and Compliance of Terms (IMPACT). (See Attached) (No grant match
required - $107,497 in grant funds revenue.) All Wards
MOTION: That said resolution be adopted.
Recommended for approval at Grants Committee Meeting on January 16,
2007 ? Committee Members present: Estrada and Baxter
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the San Bernardino City Fire Department to apply for and
administer the 2007 Rolf H. Jensen Memorial Public Education Grant to be
submitted to the National Fire Protection Association. (See Attached) (No grant
match required - $5,000 in grant funding.)
MOTION: That said resolution be adopted.
20. Item deleted.
21. Item deleted.
Recommended for approval at Ways and Means Committee Meeting on
January 24, 2007 ? Committee Members present: Derry, Estrada and
Johnson
22. Receive and file the FY 2006-2007 First and Second Quarter Budget Reports.
(See Attached)
MOTION #1: That the Mayor and Common Council receive and file the FY
2006-2007 First and Second Quarter Budget reports.
02/05/2007
9
MOTION #2: That the Director of Finance be authorized to amend the FY
2006-2007 budget to place $1,979,400 of additional savings from
FY 2005-2006 Year End into the Budget Reserve to replace the
funds used in FY 2006-2007 for Charter 186 costs as indicated in
the Charter 186 staff reports; and
(Item Continued on Next Page)
22. Continued.
MOTION #3: That the Director of Finance be authorized to amend the FY
2006-2007 budget to transfer $1,057,800 into General Fund
revenues from various Trust Accounts as indicated in the FY
2005-2006 Year End Report and then place the $1,057,800 into
the Budget Reserve to cover future anticipated revenue shortfalls.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
City Manager
23. Public hearing ? storm drain development impact fees. (See Attached)
Resolution of the Mayor and Common Council of the City of San Bernardino
adopting a revised storm drain development impact fee for the City of San
Bernardino. (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
TO BE HEARD AT 4:00 P.M.
Development Services
24. Public hearing ? resolution approving the formation of a Landscape
Maintenance Assessment District in the Belmont Avenue and vacated Chestnut
Avenue area. (See Attached) (No cost to the City -- $4,000 processing fee
paid by applicant.) Ward 5
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots submitted in favor of the assessment
exceed the ballots submitted in opposition to the assessment and that the public
convenience and necessity require the maintenance of landscaping in the area of
Belmont Avenue and vacated Chestnut Avenue, approving the Final Engineer?s
Report, creating an assessment district to cover the costs of said maintenance,
02/05/2007
10
known as Assessment District No. 1052, ordering the work, confirming the
2007-2008 Assessment Roll, and determining that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 shall not apply.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
CONTINUED ITEMS
CONTINUED FROM JANUARY 22, 2007
Parks, Recreation & Community Services
25. Resolution of the Mayor and Common Council authorizing the Mayor to execute
an Agreement between the City of San Bernardino and the Public Safety
Academy for use of the Norton Recreation Center Gymnasium for the period of
January 1, 2007 through December 31, 2007 and ratifying all action taken
between January 1, 2007 and the approval of the Resolution. (Backup material
distributed on January 22, 2007, Item No. 21.)
MOTION: That said resolution be adopted.
CONTINUED FROM JANUARY 8, 2007
26. Measure Z and YY Component Plan. (New Staff Report Attached) (Backup
distributed on January 8, 2007, Item No. 33.)
END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
27. League of California Cities Housing, Community and Economic Development
Meeting Report. (See Attached)
MOTION: That the Mayor and Common Council receive and file the League
of California Cities Housing, Community and Economic
Development Meeting Report.
02/05/2007
11
Mayor?s Office
28. Oral report to be given by Mayor Morris relative to the United States
Conference of Mayors.
Police
29.Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to issue a purchase order to and execute a
Professional Services Agreement with Wright?s Investigation for pre-
employment background investigations not to exceed $35,000 with two optional
renewal years. (See Attached) (Cost to the City -- $35,000 from the General
Fund.) All Wards
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
PLANNING
TO BE HEARD AT 4:30 P.M.
Development Services
30. Public hearing ? Development Code Amendment No. 06-01 to modify locational
criteria for drive-thru restaurants in the CR-3, Commercial Regional/Tri-City
Club land use district. (See Attached) (No cost to the City.) Ward 3
An Ordinance of the City of San Bernardino amending Chapter 19.06
(Commercial Districts), Sections 19.06.010 (2) (K) and 19.06.030 (2) (H) of the
San Bernardino Municipal Code (Development Code) related to drive-thru
restaurants requirements. FIRST READING (Ordinance not available at
time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance be laid over
for final adoption.
TO BE HEARD AT 4:30 P.M.
31.Public hearing -Tentative Tract Map No. 17926 (Subdivision No. 05-52),
Variance No. 06-06, Conditional Use Permit No. 05-48 ? a request to subdivide
02/05/2007
12
5.16 acres into a one-lot condominium subdivision with a variance of one
standard means of access and one emergency access, and construct 39 detached
single-family dwellings, located on the north side of Rialto Avenue
approximately 500 feet east of Meridian Avenue in the RU, Residential Urban
land use district. (See Attached) (No cost to the City.) Ward 3
Mayor to open the hearing . . .
(Item Continued on Next Page)
31. Continued.
MOTION: That the hearing be closed; and that the Mayor and Common
Council adopt the Mitigated Negative Declaration and the
Mitigation Monitoring/Reporting Program; and approve Tentative
Tract Map No. 17926 (Subdivision No. 05-52), Variance No. 06-
06, and Conditional Use Permit No. 05-48 based on the Findings
of Fact and subject to the Conditions of Approval and Standard
Requirements.
TO BE HEARD AT 4:30 P.M.
32. Public hearing ? resolution ordering vacation of an east-west alley, north of
Walnut Street and east of Artesian Street. (See Attached) (No cost to the City
-- $1,200 processing cost paid by petitioner.) Ward 1
Resolution of the City of San Bernardino ordering the vacation of an east-west
alley, north of Walnut Street and east of Artesian Street.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Findings of Fact, as set forth
in the staff report dated January 9, 2007, from the Director of
Development Services, as to why the east-west alley, north of
Walnut Street and east of Artesian Street is no longer necessary
for public street purposes, be adopted; and that said resolution be
adopted.
33. 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
02/05/2007
13
heard under this heading are referred to staff for further study, research,
completion and/or future Council/Commission action.)
34. 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 20, 2007, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
NOTICE: Any member of the public may address this meeting of the Mayor
and Common Council/Community Development Commission on any item
appearing on the agenda by approaching the microphone in the Council
Chambers when the item about which the member desires to speak is called and
by asking to be recognized.
Any member of the public desiring to speak to the Mayor and Common
Council/Community Development Commission concerning any matter not on
the agenda but which is within the subject matter jurisdiction of the Mayor and
Common Council/Community Development Commission, may address the body
at the end of the meeting, during the period reserved for public comments. Said
total period for public comments shall not exceed forty-five (45) minutes, unless
such time limit is extended by the Mayor and Common Council/Community
Development Commission. A three minute limitation shall apply to each
member of the public, unless such time limit is extended by the Mayor and
Common Council/Community Development Commission. No member of the
public shall be permitted to ?share? his/her three minutes with any other
member of the public.
The Mayor and Common Council/Community Development Commission may
refer any item raised by the public to staff, or to any commission, board,
bureau, or committee for appropriate action or have the item placed on the next
agenda of the Mayor and Common Council/Community Development
Commission. However, no other action shall be taken nor discussion held by
the Mayor and Common Council/Community Development Commission on any
item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section
54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public
hearing has been conducted and closed.
02/05/2007
14
02/05/2007
15