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HomeMy WebLinkAbout08-06-2007 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, AUGUST 6, 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. 08/06/2007 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): Mazelle Dyke v. City, et al. ? United States District Court No. EDCV 06-00847 (VAPX); Shirley J. Goodwin v. City, et al. ? United States District Court No. EDCV 98-66RT (VAPx); Tony Gorrell v. City, et al. ? Workers? Compensation Appeals Board No. SBR 0297969. 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. 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. 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. (Item Continued on Next Page) 08/06/2007 2 1. Continued. G. Conference with real property negotiator ? pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area (Downtown Acquisition Program) th 1. Property Address: 795 West 5 Street (Paradise Motel) APN: 0134-093-41 Negotiating Parties: Maggie Pacheco, Executive Director on behalf of the Redevelopment Agency, as buyer, and Tien Lee International Limited Corporation, property owner/seller Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 08/06/2007 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Steven Shaw ? Bicentennial Committee ? Mayor Morris. (See Attached) B. David E. Smith ? Bicentennial Committee ? Mayor Morris. (See Attached) C. Bob Edwards ? Board of Building Commissioners ? Council Member Kelley. (See Attached) D. Beverly Bird ? Bicentennial Committee ? Council Member McCammack. (See Attached) MOTION: That said appointments of Steven Shaw, David E. Smith, Bob Edwards, and Beverly Bird, as requested by Mayor Morris and Council Member Kelley, 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 31 be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 08/06/2007 4 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: May 21, 2007 (Distributed on 7/24/07) June 4, 2007 (Distributed on 7/23/07) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated July 16, 2007, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated August 1, 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 JULY 16, 2007 9. An Ordinance of the City of San Bernardino adding Section 8.27.110 to the San Bernardino Municipal Code regarding recording notices of weed abatement requirements on vacant lots. FINAL READING (Backup material distributed on July 16, 2007, Item No. 25.) MOTION: That said ordinance be adopted. Animal Control 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Animal Control Services Agreement by and between the City of San Bernardino and the City of Fontana from July 1, 2007 through June 30, 2010, and ratifying any action taken between July 1, 2007 and the date that this resolution is adopted. (See Attached) (Anticipated revenue to the City in FY 07/08 -- $635,040.) MOTION: That said resolution be adopted. 08/06/2007 5 City Clerk 11. Designation of voting delegate and alternate voting delegates for the League of California Cities Annual Meeting ? September 5-8, 2007 in Sacramento, California. (See Attached) MOTION: That Mayor Morris be designated as the City of San Bernardino?s voting delegate, and that Council Member Derry and City Manager Wilson be designated as alternate voting delegates for the League of California Cities Annual Conference to be held September 5-8, 2007, in Sacramento, California. City Treasurer 12. Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the Annual Statement of Investment Policy for the period July 1, 2007 through June 30, 2008. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. Development Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to National Plant Services, Inc. for cleaning sewer siphons at various locations in the City of San Bernardino (SW-D 2006/07), per Project Plan No. 12173. (See Attached) (Cost to the City ? $140,000 from the Sewer Line Maintenance Fund.) (Resolution not available at time of printing.) Wards 1,2&3 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Master Agreement ? Administering Agency ? State Agreement for State Funded Projects ? Agreement No. 00051S between the City of San Bernardino and the State of California. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 08/06/2007 6 15. Resolution of the City of San Bernardino approving Amendment No. 3 to Agreement for Professional Services with LAN Engineering Corporation to provide engineering services for the design of Old Waterman Canyon Bridge replacement (SS07-14). (See Attached) (Cost to the City -- $3,650 from the Street Construction Fund.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 16. Item Deleted. 17. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape th maintenance assessment district located in the 48 Street and Little Mountain 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. 1065; 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.) (Resolution not available at time of printing.) Ward 5 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90 with the establishment th of a landscape maintenance assessment district in the 48 Street and Little Mountain Drive area (Tentative Tract Map No. 17038), to be known as Assessment District No. 1065; and that said resolution be adopted. 18. 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 Central Avenue and Lena Road 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. 1063; preliminarily approving the Engineer?s Report and giving notice of a public hearing. (See Attached) (No cost to the City -- $5,900 processing fee paid by applicant.) Ward 1 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 Central Avenue and Lena Road area (Tentative Parcel Map No. 17721), 08/06/2007 7 to be known as Assessment District No. 1063; and that said resolution be adopted. 19. Item Deleted. Finance 20. Authorize the Director of Finance to amend the FY 2007/08 budget to add both revenue and expenditure budgets for the nine (9) Development Impact Fee Funds. (See Attached) MOTION: That the Director of Finance be authorized to amend the FY 2007/08 budget to add both revenue and expenditure budgets for the nine (9) Development Impact Fee Funds (DIFF) as indicated in the staff report dated, August 6, 2007, from Barbara Pachon, Director of Finance. Fire 21. 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 to Pierce Manufacturing, Inc for seven (7) new Pierce fire engines; authorizing the Finance Director or her designee to solicit bids to purchase one utility truck, ancillary equipment and emergency medical services equipment; and authorizing the Finance Director or designee to solicit lease-purchase rate quotes and award a lease-purchase to the lowest responsible leasing company. (See Attached) (Cost to the City -- $2,995,422.97 from the General Fund to be reimbursed with CDBG funding.) All Wards MOTION: That said resolution be adopted. 22. Item Deleted. 23. Item Deleted. 24. Item Deleted. Parks, Recreation & Community Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Agreement with the San Bernardino City Unified School District to provide contractual services for fourteen (14) Creative Before & After-School Programs for Success at school district sites for the period July 1, 2007 through June 30, 2008, and ratifying any action taken between July 1, 2007 and the date that this Resolution is adopted. (See Attached) (No cost to the City ? grant revenue to the City - $344,606.) 08/06/2007 8 All Wards MOTION: That said resolution be adopted. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Agreement between the City of San Bernardino and the San Bernardino City Unified School District for shared use of the recreation facilities at the Galaxy Building and Norton Recreation Center for the period of August 1, 2007 through July 31, 2009, and ratifying all action taken between August 1, 2007 and the approval of the resolution. (See Attached) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 27. Resolution of the Mayor and Common Council authorizing the City Manager to execute Amendment No. 1 to 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 August 11-12 and September 1-3, 2007. (See Attached) MOTION: That said resolution be adopted. Police 28. Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 29. Resolution of the City of San Bernardino ratifying the submittal of the FY 2007 Juvenile Accountability Block Grant (JABG) application to the California Department of Corrections and Rehabilitation by the Police Department. (See Attached) (Grant funding in the amount of $10,526; grant match of $1,170 from the Asset Forfeiture Fund.) All Wards MOTION: That said resolution be adopted. 30. Resolution of the City of San Bernardino authorizing a vendor change for the conversion of a replacement SWAT/CBRNE vehicle for the Police Department to North Star AKA Braun Northwest Inc, of Chehalis, WA. (See Attached) (Cost to the City -- $124,382.14 from various General Fund accounts.) All Wards 08/06/2007 9 MOTION: That said resolution be adopted. 31. Resolution of the Mayor and Common Council authorizing a Services Agreement and an annual purchase order to Paramount Protective Services, Inc. to provide jail staffing in an amount not to exceed $334,559 for FY 2007/08 with three optional renewal years. (Cost to the $334,559 from the General Fund.) (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Committee Meeting on July 10, 2007 ? Committee Members present: McCammack and Brinker Police 32. Resolution of the City of San Bernardino ratifying the submittal of the FY 2007 Homeland Security Grant application to the County Office of Emergency Services by the Police Department. (See Attached) (If awarded, City will receive $265,051.92 in FY 2007 Homeland Security Grant funds.)All Wards MOTION: That said resolution be adopted. 33. Resolution of the City of San Bernardino ratifying the submittal of the FY 2007 Edward Byrne Memorial Discretionary Grant application to the Bureau of Justice Assistance by the Police Department. (See Attached) (No cost to the City ? if awarded, the Department will receive $2,606,940 to perform grant goals and objectives.) All Wards MOTION: That said resolution be adopted. Heard at the Grants Committee Meeting on July 10, 2007 -- Committee Members present: McCammack and Brinker 34. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, authorizing the City Manager to execute the Grant Contract, and authorizing the Mayor?s Office to administer the OJJDP FY 2007 Gang 08/06/2007 10 Prevention Coordination Assistance Program. (See Attached) (Grant revenue to the City $200,000 ? City match $15,000.) MOTION: That said resolution be adopted. Recommended for approval at the Legislative Review Committee meeting on July 17, 2007 ? Committee Members present: Kelley, Brinker & Derry 35. Resolution of the Mayor and Common Council of the City of San Bernardino providing for the appointment of a Mayor Pro Tempore on an annual basis, and rescinding Resolution No. 2004-69. (See Attached) MOTION: That said resolution be adopted. 36. An Ordinance of the City of San Bernardino amending Sections 3.44.010 and 3.44.030 of the San Bernardino Municipal Code Chapter 3.44, Telephone User?s Tax to clarify original intent and remove obsolete references. FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M Development Services 37. Public hearing ? resolution approving annexation; resolution calling a special election and resolution certifying election results ? Community Facilities District No. 1033 (Verdemont Fire Station). (See Attached) (Cost to the City -- $5,900 from the General Fund.) Ward 6 A. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the annexation of territory (Annexation No. 2) to Community Facilities District No. 1033 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors. (Resolution not available at time of printing.) B. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, calling a special election and submitting to the voters of Annexation No. 2 of City of San Bernardino Community Facilities District No. 1033 propositions regarding the annual levy of 08/06/2007 11 special taxes within Annexation No. 2 and the establishment of an appropriations limit. (Resolution not available at time of printing.) (Item Continued on Next Page) 37. Continued. C. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 1033, Annexation No. 2. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing relative to Annexation No. 2 to Community Facilities District No. 1033, be closed; and that said resolutions A-C, be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM JULY 16, 2007 Parks, Recreation & Community Services 38. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 3 to the Agreement between the City of San Bernardino and Boys and Girls Club of San Bernardino Inc., to operate a community center located at 2969 North Flores Street, San Bernardino, California. (Backup material distributed on July 16, 2007, Item No. 17.) MOTION: That said resolution be adopted. CONTINUED FROM JULY 16, 2007 Development Services 39. I-210 Corridor Enhancement Plan. (Item continued from July 16, 2007, Item No. 34.) MOTION: That the Mayor and Common Council receive and file the I-210 Corridor Enhancement Plan; and direct staff to implement its 08/06/2007 12 strategies through a specific plan to be prepared in conjunction with the upcoming analysis of the Northwest Redevelopment Plan. CONTINUED FROM JULY 16, 2007 40. Capital Improvement Program (CIP) workshop ? Economic Development Agency Boardroom ? review the Five-Year Capital Improvement Program ? Fiscal Years 2007/08 ? 2011/12. (Backup distributed on July 16, 2007, Item No. 35.) END OF CONTINUED ITEMS STAFF REPORTS City Attorney 41. An Urgency Interim Ordinance of the City of San Bernardino establishing a temporary moratorium on the establishment of new parolee/probationer group homes, registered sex offender group homes, 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. 42. An Ordinance of the City of San Bernardino repealing Chapter 8.35 to Title 8 of the San Bernardino Municipal Code, that any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire a controlled substance is a nuisance subject to seizure and impoundment. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Heard at the Redevelopment Committee meeting on May 24, 2007 -- Committee Members Present: Estrada and Johnson R43. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the 08/06/2007 13 Redevelopment Agency of the City of San Bernardino (?Agency?) to execute (1) a Redevelopment Cooperation Agreement by and between the Agency and Inland Valley Development Agency (?IVDA?) and (2) a Redevelopment Project Study Agreement by and between the Agency and Street-Manchester, LLC (Fairway Homes Project ? IVDA Redevelopment Project Area). (See Attached) Ward 3 MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee on July 19, 2007 --Committee Members Present: Estrada, Johnson and Baxter Resolution of the Community Development Commission of the City of San R44. Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (?Agency?) to execute a Demolition Contract by and between the Agency and Dakeno, Inc. for the th demolition of Agency properties located at 708, 720, 734 and 740 West 4 th Street and 755 West 5 Street, San Bernardino (Downtown Mixed-Use Project - Central City North Redevelopment Project Area). (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. Development Services 45. Public hearing - Resolution ordering the vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue. (See Attached) (No cost to the City -- $2,000 processing fee paid by petitioner.) Ward 5 Resolution of the City of San Bernardino ordering the vacation of an east-west alley, northerly of Little League Drive and east of Magnolia Avenue. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; that the Findings of Fact, as set forth in the staff report from the Director of Development Services, dated July 9, 2007, as to why the east-west alley, northerly of Little League Drive and east of Magnolia Avenue is no longer necessary for public street purposes be adopted; and that said resolution be adopted. 08/06/2007 14 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., Monday, August 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 08/06/2007 15 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. 08/06/2007 16