HomeMy WebLinkAbout03-19-2007 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
AND THE
BOARD OF LIBRARY TRUSTEES
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 19, 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.
03/19/2007
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CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and Community
Development Commission recess to closed session for the
following:
A. Conference with legal counsel ? existing litigation ? pursuant to
Government Code Section 54956.9(a):
People of the State of California, et al. v. Eduardo Tamayo, et al. ? San
Bernardino Superior Court Case No. SCVSS 141888;
People v. Burrtec Waste Industries ? San Bernardino Superior Court
Case No. SCVSS 138439.
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)
Kenneth R. O?Howell v. City of San Bernardino, et al., United States
District Court Case No. CV 06-01676 PSG
Claim of Estate of Marc Ernest Stephen Maxey, et al.
Claim of Benito & Maria Machado
Mobile Home Rent Control Board
C. Conference with legal counsel ? anticipated litigation ? initiation of
litigation ? pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino and Redevelopment Agency of the City of San
Bernardino v. LNR San Bernardino, LLC, The Upham Family Trust; El
Corte Ingles, et al.
City of San Bernardino v. Jesus Frausto & Tania Ramirez
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1. Continued.
D. Closed Session ? personnel ? pursuant to Government Code Section
54957.
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:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization(s):
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
03/19/2007
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
Re-Appointment ? Council Member Derry ? Indian Gaming Commission ?
Mayor Morris. (See Attached)
MOTION: That the re-appointment of Council Member Derry to the Indian
Gaming Commission, as requested by Mayor Morris, be
approved.
3. Presentations.
A. Service Pin Awards Ceremony.
B. Annual Employee Awards.
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
23, be adopted except for ____, ____, ____, ____, and ____.
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common Council and Community Development
Commission, be waived.
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6. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated March 13, 2007,
from Barbara Pachon, Director of Finance, be approved.
7. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated March 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.
LAID OVER FROM MARCH 5, 2007
8. 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. FINAL READING (Backup material distributed on February
20, 2007, Item No. 30; item laid over to the March 5, 2007 meeting, Item
No. 10.)
MOTION: That said ordinance be adopted.
Development Services
9. Resolution of the City of San Bernardino authorizing the execution of
Amendment No. 1 to Agreement for Professional Services with Lilburn
Corporation for the preparation of environmental documents for State Street
thth
improvements between 5 Street and 16 Street. (See Attached) (Cost to the
City -- $25,000 from the Street Construction Fund.) Ward 6
MOTION: That said resolution be adopted.
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10. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a Contract to Kirtley Construction, Inc. D.B.A. T K Construction for
storm drain improvement at Irvington Avenue and Devil Canyon Basin (SD07-
01) per Plan No. 11591. (See Attached) (Cost to the City -- $70,200 from the
Storm Drain Construction Fund.) Ward 5
MOTION: That the Director of Finance be authorized to amend the FY
2006/07 budget to appropriate the total amount of $70,200
(including $45,405 already allocated by FEMA & OES) in
Account No. 004-368-5504-7712 ?Irvington Avenue Side Drain
Replacement (SD07-01)? and to budget additional revenue
reimbursement from FEMA in the amount of $18,600 and OES
in the amount of $6,200; and that said resolution be adopted.
11. Resolution of the City of San Bernardino declaring its intention to order the
vacation of Gannett Parkway between Hallmark Parkway and Georgia
Boulevard. (See Attached) (No cost to the City -- $1,200 processing fee paid
by petitioner.) Ward 6
MOTION: That said resolution be adopted.
12. Approval of Final Map for Tentative Parcel Map No. 17375 located on the west
side of I-215, north of Shandin Hills Golf Course, south of University Parkway,
and east of Cajon Boulevard. (See Attached) (No cost to the City.) Ward 6
A. Resolution of the City of San Bernardino authorizing and directing the
execution of Agreement to form a landscape maintenance district with SE
I-215, LP and HSB I-215, LP, for that certain real property generally
located on the west side of I-215, north of Shandin Hills Golf Course,
south of University Parkway, and east of Cajon Boulevard (Resolution
not available at time of printing.)
B. Resolution of the City of San Bernardino authorizing and directing the
execution of Public Right of Way Use Restriction Agreement with
Hillwood Enterprises, LP, for that certain real property generally located
on the west side of I-215, north of Shandin Hills Golf Course, south of
University Parkway, and east of Cajon Boulevard. (Resolution not
available at time of printing.)
MOTION: That the Mayor and Common Council approve Parcel
Map No. 17375; and that said resolutions A&B, be
adopted.
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13. 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 Mill Street and Meridian 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. 1061;
preliminarily approving the Engineer?s Report and giving notice of a public
meeting and public hearing. (See Attached) (No cost to the City -- $5,900
processing fee paid by applicant.) Ward 6
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 Mill Street
and Meridian Avenue Area (Tract Map No. 17218), to be known
as Assessment District No. 1061; and that said resolution be
adopted.
14. Item deleted.
Fire
15. Resolution of the Mayor and Common Council of the City of San Bernardino
rejecting all bids for a paramedic squad vehicle and authorizing the execution of
a Vendor Agreement and issuance of a purchase order to Fairview Ford in the
amount of $122,349.45 for a paramedic squad vehicle. (See Attached) (Cost to
the City -- $122,349.45 from the General Fund.) All Wards
MOTION: That said resolution be adopted.
16. Set a dinner/training workshop for May 7, 2007, at 5:00 p.m. for a presentation
on the Incident Command System at the Economic Development Agency
Boardroom. (See Attached)
MOTION: That the Mayor and Common Council set a dinner workshop for
May 7, 2007, at 5:00 p.m. for a presentation on the Incident
Command System.
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Police
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Chief of Police to execute a Memorandum of Understanding
with the U.S. Department of Justice Federal Bureau of Investigation and the San
Bernardino Police Department to participate in the Joint Terrorism Task Force
(JTTF). (See Attached) (No cost to the City.) 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 a Memorandum of Agreement between the Bureau
of Narcotic Enforcement (BNE) and the San Bernardino Police Department for
participation in the Gang Suppression Enforcement Team (GSET). (See
Attached) (No cost to the City.)
All Wards
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San Bernardino to
increase annual Purchase Order #205387 issued to Allstate Police Equipment in
Pomona, CA for ammunition from $24,999 to $51,000. (See Attached) (Cost
to the City -- $51,000 from the General Fund.) All Wards
MOTION: That said resolution be adopted.
Public Services
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and purchase order pursuant to
Section 3.04.010 B-3 of the Municipal Code to Crest Chevrolet of San
Bernardino for the negotiated purchase of one (1) 2007 4WD Tahoe Command
Vehicle to be utilized by the Fire Department. (See Attached) (Cost to the
City -- $66,346.85 from the State and Federal Programs Fund.) All Wards
MOTION: That said resolution be adopted.
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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
$30,000.00 between the City of San Bernardino and West Coast Arborists Inc.
pursuant to 3.04.010 B.3. of the Municipal Code for contract services utilized
by the Public Services Department, Street Division for tree trimming services
throughout the City of San Bernardino. (See Attached) (Cost to the City --
$30,000 from the Refuse Fund.) 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
$50,163.75 between the City of San Bernardino and Advance Infrastructures
Technologies for the purchase pursuant to 3.04.010 B.3. of a sewer diagnostic
video camera utilized by the Public Services Department, Street Division. (See
Attached) (Cost to the City ?- $50,163.75 from the Sewer Line Maintenance
Fund.) All Wards
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Common Council authorizing the City Manager to
execute an Agreement between the City of Los Angeles and the City of San
Bernardino for Los Angeles to loan four refuse collection vehicles to the City of
San Bernardino for a period of six months. (See Attached) (No cost to the
City.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
STAFF REPORTS
Council Office
24. Resolution of the Mayor and Common Council of the City of San Bernardino in
opposition to the proposed expansion of a Social Care Facility at 1302 East
Marshall Boulevard ? Project # 200700059/RMC APM 0271-471-18. (See
Attached)
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MOTION: That said resolution be adopted.
25. An urgency interim ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Section 19.06.026 (Development Code) and
establishing a temporary moratorium on the establishment and operation of
Medical Marijuana Dispensaries and other similar uses, declaring the urgency
thereof, and taking effect immediately. URGENCY (Document and
Ordinance not available at time of printing.)
MOTION: That said urgency ordinance be adopted.
26. Workshop discussion relative to the new proposed development and status of the
LNR/Carousel Mall project. (Workshop set at March 5, 2007 meeting, Item
No. NB1.)
MOTION: That the workshop be continued to April 2, 2007, at the request
of Council Member Estrada.
27. Workshop ? Overview of the Organizational Review conducted by Management
Partners in the Economic Development Agency Boardroom.
END OF STAFF REPORTS
28. 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.)
29. Adjournment.
MOTION: That the meeting be adjourned to 5:00 p.m., March 21, 2007, in
the Council Chambers for a workshop on Operation Phoenix.
03/19/2007
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NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p.m., Monday, April 2, 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.
03/19/2007
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