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HomeMy WebLinkAbout02-20-2007 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 TUESDAY, FEBRUARY 20, 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. (Community Development Commission Items are on Pages 13 & 14.) 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. 02/20/2007 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): City of San Bernardino v. United States of America, Department of the Army ? United States District Court Case No. CV 96-5205 MRP (JGx) CV 96-8867 MRP (JGx) (Consolidated); Michael Desrochers; Steve Lowes v. City of San Bernardino, et al. ? United States District Court Case No. EDCV06-1408 VAP (JCRx); People of the State of California v. Jose Luis Lopez, Jr. et al. dba the Club ? San Bernardino Superior Court Case No. 134051; Pravin D. Patel v. City of San Bernardino, et al. ? United States District Court Case No. EDCV98-298RT (VAPx). 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: Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) 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: Employee Contract Fire Chief 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 02/20/2007 2 public services or public facilities ? pursuant to Government Code Section 54957. 1. Continued. 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: th 40 Street Redevelopment Project Area th 1. Property Address: 255 East 49 Street APN: 0154-126-02 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Frank Marques, property owner/seller Under Negotiation: Purchase price, terms, and conditions IVDA Redevelopment Project Area nd 2. Property Address: 167 East 2 Street APN: 0135-291-12 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Stephen Adebowale, property owner/seller Under Negotiation: Purchase price, terms, and conditions Central City North Redevelopment Project Area th 3. Property Address: 708 and 720 West 4 Street APN: 0134-093-45 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Chiyo Lapham, property owner/seller Under Negotiation: Purchase price, terms and conditions 02/20/2007 3 (Item Continued on Next Page) 1. Continued. th 4. Property Address: 746 West 5 Street, San Bernardino APN: 0134-054-07, 08 and 09 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Richard P. Chalk on behalf of The Salvation Army, property owner/seller Under Negotiation: Purchase price, terms, and conditions th 5. Property Address: 755 West 5 Street, San Bernardino APN: 0134-093-40 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Premila D. Patel, Dashrath B. Patel, Sweta S. Patel, Trustee of the Sweta S. Patel Living Trust, property owners/ sellers Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 02/20/2007 4 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. 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 26, 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 February 2, 2007, from Barbara Pachon, Director of Finance, be approved. 02/20/2007 5 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated February 14, 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. Development Services LAID OVER FROM FEBRUARY 5, 2007 8. 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. FINAL READING. (Backup material distributed on February 5, 2007, Item No. 30.) MOTION: That said ordinance be laid over for final adoption. 9. Resolution of the City of San Bernardino authorizing and directing the execution of an acknowledgement of a Lease between the Metropolitan Water District of Southern California and Pine Trails Partners, LLC, relative to a proposed Assessment District in the Pine Avenue and Redwood Street area, Tentative Tract No. 17716. (See Attached) (Cost to the City -- $2,092 from Assessment District Funds, and $233 from the General Fund.) Ward 5 MOTION: That said resolution be adopted. 10. Resolution of the City of San Bernardino authorizing and directing the execution of a Right of Way Contract for a temporary construction easement with the State of California for property generally located at the northeast corner of Valley Street and Walkinshaw Street relative to the widening of the I-215 Freeway. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 02/20/2007 6 11. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 4102 North ?F? Street. (See Attached) (No cost to the City -- $1,300 processing fee paid by applicant.) Surrounded by Ward 5 MOTION: That the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 4102 North ?F? Street; and that said resolution be adopted. Facilities Management 12. 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 Letner Roofing Co. for the Norton North Community Center roof replacement in the City of San Bernardino per RFQ F-07-23. (See Attached) (Cost to the City -- $88,900 from San Bernardino County Community Development Block Grant Funds.) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. City Attorney?s Office 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino in the case of People v. Lopez and Cardenas, et al. (See Attached) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 7 to the Agreement with the San Bernardino City Unified School District to provide contractual services for seventeen (17) Creative Before & After School Programs for Success (CAPS), at school district sites for the period July 1, 2006 through June 30, 2007 and ratifying all action taken between July 1, 2006 and the approval of the resolution. (See Attached) (No cost to the City -- $7,000 increased funding for staff funding.) All Wards 02/20/2007 7 MOTION: That said resolution be adopted. 15.Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Professional Services Agreement with RJM Design Group, Inc., in the amount of $200,000.00 for the purpose of developing a Park, Recreation, Trails and Open Space Facilities Master Plan. (See Attached) (Cost to the City -- $200,000 from the Development Impact Fees Fund.) All Wards MOTION: That said resolution be adopted. 16. Resolution authorizing the Mayor to execute Amendment No. 3 to the services agreement between the City of San Bernardino and New Hope Missionary Baptist Church to provide community services at the New Hope Family Life Center and ratifying all action taken between February 1, 2007 and the approval of the resolution. (See Attached) (Cost to the City -- $45,800 from the General Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. Police 17. Resolution of the City of San Bernardino authorizing the Chief of the San Bernardino Police Department to execute a Memorandum of Understanding with the California State University San Bernardino Police Department. (See Attached) (No cost to the City.) Ward 5 MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino authorizing the Chief of Police to execute a Memorandum of Agreement and Understanding with the State of California to participate in the California Counter Drug Procurement 1033 Excess Property Program. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 02/20/2007 8 Public Services 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and an increase to annual Purchase Order Number 207154 in the amount of $27,000.00 to Consolidated Electric Distributors for the purchase of a variety of parts needed to repair the street light systems and signalized intersections. (See Attached) (Cost to the City -- $27,000.00 from the General Fund.) (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 authorizing the execution of an Agreement and Purchase Order in the amount of $57,242.18 between the City of San Bernardino and Iteris pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of upgraded video detection systems utilized by the Public Services Department, Street Division. (See Attached) (Cost to the City -- $57,242.18 from the Traffic Systems Construction 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 authorizing the execution of an agreement and purchase order in the amount of $320,000.00 between the City of San Bernardino and American Asphalt South, Inc. pursuant to 3.04.010 B.3 for completion of the Fiscal Year 2006-2007 Slurry Seal Program and exempting such purchase from the formal contract procedures of Section 3.04.010 of the Municipal Code pursuant to Section 3.04.010, Subdivision B.2. of said code. (See Attached) (Cost to the City -- $320,000.00 from the Gas Tax Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and purchase order in the amount of $85,228.10 between the City of San Bernardino and Wastequip for the purchase of 3 and 4-yard commercial and residential dumpsters utilized by the Public 02/20/2007 9 Services Refuse Division. (See Attached) (Cost to the City -- $85,228.10 from the Refuse Fund.) All Wards MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and purchase order in the amount of $95,457.88 between the City of San Bernardino and Wastequip for the purchase of commercial and residential roll-off refuse bins utilized by the Public Services Department, Refuse Division. (See Attached) (Cost to the City -- $95,457.88 from the Refuse Fund.) All Wards MOTION: That said resolution be adopted. 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and an increase to annual purchase Order Number 207425 in the amount of $112,526.00 to Rehrig Pacific Company for the purchase of automated carts for residential refuse services throughout the City of San Bernardino. (See Attached) (Cost to the City -- $112,526.00 from the Refuse Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 25. Resolution authorizing the execution of a purchase order to Fairview Ford of San Bernardino for the negotiated purchase to refurbish six (6) frontloader refuse trucks, complete with new F.F. Gomez Inc. refuse bodies, to be utilized by the Public Services Department Refuse Division. (See Attached) (Cost to the City -- $305,900.00 from the Refuse 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 adopted budget and appropriate $305,900 from the unappropriated Refuse Fund balance into Account No. 527-413- 5601, (Refuse garage charges) and amend the Fleet budget (Revenues and Expenditures) in a like amount. Water 26. Annual audit of the Water Department?s Water and Sewer Utilities for the fiscal year ending June 30, 2006. (See Attached) 02/20/2007 10 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, 2006. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at Grants Committee Meeting on January 30, 2007 ? Committee Members present: Estrada and Baxter 27. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the Indian Gaming Local Community Grants in the amount of $1,537,287.60 and $1,082,700 respectively, and authorizing the expenditure of said grants for street improvements and designated law enforcement purposes as outlined in the grant budgets. (See Attached) MOTION: That said resolution be adopted. Recommended for approval at Grants Committee Meeting on January 16, 2007 ? Committee Members present: Estrada and Baxter 28. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the California Department of Corrections and Rehabilitation, Division of Community Partnerships authorizing the Mayor to execute the grant contract, and authorizing the Mayor?s Office to administer the inter-governmental partnership Prison Reentry Planning Grant. (See Attached) (No cost to the City -- $100,000 in grant revenue to the City.) All Wards MOTION: That said resolution be adopted. Recommended for approval at Grants Committee Meeting on January 30, 2007 ? Committee Members present: McCammack, Estrada and Baxter 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of the application for Waste Tire Cleanup and Amnesty Event Grant funds from the California Integrated Waste Management Board. (See Attached) (Cost to the City -- $50,945 from the Federal and State Programs Fund.) All Wards 02/20/2007 11 MOTION: That said resolution be adopted. Recommended for approval at the Legislative Review Committee meeting on February 6, 2007 ? Committee Members present: Kelley, Derry and Baxter 30. An Ordinance of the Mayor and Common Council of the City of San Bernardino amending in its entirety Title 14, Chapter 14.08 of the City of San Bernardino Municipal Code regulating Cable, Video, and Telecommunications Service Providers. FIRST READING (See Attached) (No cost to the City.) All Wards MOTION: That said ordinance be laid over for final adoption. 31. An Ordinance of the City of San Bernardino amending Section 6.01.020 and adding new Sections 6.01.160, 6.01.170, 6.01.180 and 6.01.190 to Title 6 of the San Bernardino Municipal Code requiring mandatory spay/neuter of dogs. (See Attached) FIRST READING (No direct cost to the City.) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT CONTINUED ITEMS Parks, Recreation & Community Services CONTINUED FROM FEBRUARY 5, 2007 32. 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; Item continued to February 5, 2007, Item No. 25.) (Resolution still not available at time of printing.) MOTION: That the matter be continued to March 5, 2007. 02/20/2007 12 33. Budget amendment and approving the remainder of the Measure Z Expenditure Plan for FY 2006/07 and adopting Measure Z Oversight Committee roles and responsibilities and Measure Z Expenditure Policy. (New Staff Report Attached) (Backup material distributed on January 22, 2007, Item No. 21; Item continued to February 5, 2007, Item No. 26.) (Item Continued on Next Page) 33. Continued. MOTION #1: That the Director of Finance be authorized to amend the FY 2006/07 Adopted Budget to include expenditures related to the Police Activities League in the amount of $75,000; and MOTION #2: That the Measure Z Oversight Committee Roles and Responsibilities (Attachment A) and Measure Z Expenditure Policy (Attachment B) be adopted. END OF CONTINUED ITEMS STAFF REPORTS 34. Workshop ? 5:00 p.m. in the Council Chambers - report on Operation Phoenix activities from the City of San Bernardino, the County of San Bernardino and California State University San Bernardino. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on January 25, 2007 ? Committee Members present: Estrada, Johnson and Baxter R35. 2007 Property Owner Participation Agreement (OPA) ? Inland Behavioral and Health Services, Inc., at 655 North ?D? Street, San Bernardino (Central City North Redevelopment Project Area). (See Attached) Ward 1 (Mayor and Common Council) 02/20/2007 13 A. Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings and determinations and consenting to payment for public improvements by the Redevelopment Agency of the City of San Bernardino (?Agency?) related to the property at 655 N. ?D? Street (?Site?) pursuant to the 2007 Property Owner Participation Agreement by and between the Agency and Inland Behavioral and Health Services, Inc., (Central City North Redevelopment Project Area). R35. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino (1) approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (?Agency?) to execute a 2007 Property Owner Participation Agreement by and between the Agency and Inland Behavioral and Health Services, Inc., for the development of the property at 655 North ?D? Street (?Property?) and (2) making certain findings and determinations thereto related to the development of the project (Central City North Redevelopment Project Area). MOTION: That said resolutions A&B, be adopted. R36. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (?Agency?) to execute a 2007 Property Owner Participation Agreement by and between the Agency and Alton C. Green and Kenneth L. Owens (?Property Owners?) for the development of 3 single-family homes on the property located at 100, 114 and 122 North Allen Street (?Property?) (Meadowbrook Park Revitalization Area ? IVDA Redevelopment Project Area). (See Attached) MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING CONTINUED FROM JANUARY 22, 2007 TO BE HEARD AT 4:30 P.M. 37. Appeal Hearing - Planning Commission?s approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to request elimination of a 02/20/2007 14 mitigation measure requiring a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station ? project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy, land use district. (Backup material distributed on December 4, 2006, Item No. 36; item continued to January 22, 2007, Item No. 40.) Ward 6 MOTION: That the matter be tabled. END OF PLANNING ITEMS 38. 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.) 39. 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 5, 2007, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 02/20/2007 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. 02/20/2007 16