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HomeMy WebLinkAbout09-04-2007 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, SEPTEMBER 4, 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 page 11.) 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. 09/04/2007 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): Winston Hazell English v. San Bernardino Police, et al. ? United States District Court Case No. EDCV 05-823 RGK (JWJ); City v. Esther Solis ? San Bernardino Superior Court Case No. CIVSS 703498; R. Roger Wang, et al. v. Wal-Mart Real Estate Business Trust, et al. ? San Bernardino County Superior Court Case No. SCVSS 129158 People v. Manta Management Corporation ? San Bernardino Superior Court Case No. SCVSS 117285; th Deanna Adams v. City, et al. ? 4 District Court of Appeals No. G038713 (San Bernardino Superior Court Case No. SCVSS 126708); th Ghassan Abdullah, et al. v. City, et al. ? 4 District Court of Appeals No. G038714 (San Bernardino Superior Court Case No. SCVSS 126706). 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 09/04/2007 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. END OF CLOSED SESSION 09/04/2007 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Shukri ?Shawn? Sakiri ? Community Television Commission ? Council Member Kelley. (See Attached) B. Valerie ?Erin? Brinker ? Bicentennial Ad Hoc Committee ? Council Member Brinker. (See Attached) C. Alycia Enciso ? Bicentennial Ad Hoc Committee - Alternate ? Mayor Morris. (See Attached) D. Christina Benjamin ? Human Relations Commission ? Council Member Baxter. (See Attached) MOTION: That the appointments of Shukri ?Shawn? Sakiri, Valerie ?Erin? Brinker, Alycia Enciso, and Christina Benjamin, 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 19 be adopted except for ____, ____, ____, ____, and ____. 09/04/2007 4 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 August 14, 2007, from Barbara Pachon, Director of Finance, be approved. 7. Personnel Actions. MOTION: That the personnel actions, as submitted by the Chief Examiner, dated August 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. 8. Item Deleted. City Manager LAID OVER FROM AUGUST 20, 2007 9. Ordinance of the City of San Bernardino adding Chapter 2.19 to Title 2 of the San Bernardino Municipal Code establishing a Youth Advisory Commission. FINAL READING (Backup material was distributed on August 20, 2007, Item No. 43.) MOTION: That said ordinance be adopted. City Treasurer 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement between the City of San Bernardino and Wells Fargo Bank N.A. for the provision of banking services and the deposit of monies. (See Attached) (Cost to City -- $52,100 annually from Interest Earnings.) MOTION: That said resolution be adopted. 09/04/2007 5 City Attorney 11. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the retention of Atkinson, Andelson, Loya, Ruud & Romo for legal services provided in the case of Evlyn Wilcox v. Kari Verjil (Marianne Milligan, real party in interest), San Bernardino County Superior Court, Case No. CIVSS 705111. (See Attached) MOTION: That said resolution be adopted. Development Services 12. Resolution of the Mayor and Common Council of the City of San Bernardino approving an agreement with Caltrop Corporation for provision of professional on-call engineering consulting services. (See Attached) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 adopted budget and transfer $16,700 from salary and benefits account (001-183- 50XX) to the professional/contractual account (001-183-5502). 13. Item Deleted. 14. Resolution of the City of San Bernardino authorizing and directing the execution of quitclaim deed for a sewer easement, to Waterman BP, LLC, generally located east of Waterman Avenue between Industrial Road and Commercial Road. (See Attached) (No Cost to City) Ward 3 MOTION: That said resolution be adopted. 15. Resolution of the City of San Bernardino approving amendment No. 3 to Services Agreement with Jones & Stokes for provision of professional environmental services for the design of the Mt. Vernon Ave. Viaduct over the BNSF Railroad. (See Attached) (Cost to City -- $83,925) Wards 1&3 MOTION: That said resolution be adopted. 09/04/2007 6 16. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, ?A resolution?designating certain streets, or portions thereof as through highways?? and establishing a four-way stop at the intersection of Pennsylvania Avenue and Virginia Street. (See Attached) (Cost to City -- $1,200 from General Fund.) Ward 6 MOTION: That said resolution be adopted. Human Resources 17. Resolution of the City of San Bernardino authorizing the execution of an agreement with Mercer Health and Benefits LLC to provide broker and administration services for the City?s Health Care Program for a period of three years. (See Attached) (Cost to the City -- $327,000 annually from Health and Life Insurance.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 adopted budget to reflect all employee health costs in the appropriate departmental budget and to budget the administrative and broker fees in the General Government Contractual Services budget. Public Services 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Annual Purchase Order Number 208213 in the amount of $92,001.00 to the County of San Bernardino Solid Waste Management Division pursuant to 3.04.010 B-3 of the Municipal Code for street sweeping and right-of-way crew waste fees. (See Attached) (Cost to City -- $92,001 from Dump Waste Fees). All Wards MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Annual Purchase Order Number 208234 to the County of San Bernardino Solid Waste Management Division pursuant to 3.04.010 B-3 of the Municipal Code for waste fees utilized by the Public Services Department, Integrated Waste Management Division. (See Attached) (Cost to City -- $2,362,800 from Dump Waste Fees.) All Wards MOTION: That said resolution be adopted. 09/04/2007 7 20. Item Deleted. COMMITTEE CONSENT Recommended for approval by Police Ad Hoc Committee on August 2, 2007 ? Committee Members Present: Kelley, Brinker & Johnson 21. Proposed Mural Program and Pilot Projects. (See Attached) MOTION #1: That the Mayor and Common Council approve the mural pilot project sites; and MOTION #2: That the Director of Finance be authorized to amend the FY 2007/08 budget to increase the transfer from the Cultural Development Fund to the General Fund by $20,000 and appropriate an additional $20,000 in General Government/Fine Arts and Cultural Affairs, Account No. 001-091-5186; and MOTION #3: That the proposed mural program be referred back to the Police Ad Hoc Committee for further discussion. END OF COMMITTEE CONSENT CONTINUED ITEMS CONTINUED FROM AUGUST 6, 2007 City Attorney 22. 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 (Backup material was distributed on August 6, 2007, Item No. 36.) MOTION: That the matter be continued to September 17, 2007. CONTINUED FROM AUGUST 20, 2007 City Manager 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a lease agreement between the City of San Bernardino and Omnipoint Communications Inc. for the lease of one th thousand (1000) square feet of land at Wildwood Park, 536 E. 40 Street. (New Staff Report Attached) 09/04/2007 8 MOTION: That said resolution be adopted. CONTINUED FROM AUGUST 20, 2007 Development Services 24. Resolution of the City of San Bernardino authorizing the City Manager to execute Services Agreements with Willdan Associates, Interwest Consulting Group and Esgil Corporation for the provision of professional building plan check services. (New Staff Report Attached) (Cost to the City -- $450,000 - $442,400 from the Special Deposits Fund and $7,600 from the General Fund.) (Backup was previously distributed on August 20, 2007, Item No. 14.) MOTION: That said resolution be adopted; and that the Purchasing Manager be authorized to issue annual purchase orders totaling $450,000 in aggregate, with provisions for two-single year renewal options. Human Resources 25. Resolution of the City of San Bernardino amending Resolution No. 6413, Section Thirteen, temporary/part-time employees, entitled in part a ?Resolution ? establishing a basic compensation plan?? by updating information codifying prior Council actions. (See Attached) (Resolution not available at time of printing.) (Previous action was taken on this item on August 20, 2007, Item No. 44.) MOTION: That said resolution be adopted. CONTINUED FROM AUGUST 20, 2007 Information Technology 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order with two, one- year renewal options to Harris Computer Systems for maintenance of the City?s financial system. (Backup material was distributed on August 20, 2007, Item No. 28.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order with two one-year renewal options to Accela, Inc., for maintenance of the Permits+ system. 09/04/2007 9 (Backup material was distributed on August 20, 2007, Item No. 29.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order with two one-year renewal options to Sungard HTE for maintenance of the Water Department?s Financial and Utility Billing System. (Backup material was distributed on August 20, 2007, Item No. 30.) (Resolution not available at time of printing.) MOTION: That the matter be continued to September 17, 2007. CONTINUED FROM AUGUST 20, 2007 Public Services 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Services Agreement and issuance of a purchase order in the amount of $90,000.00 with two one-year extensions at the City?s option between the City of San Bernardino and Peter John Container Repair for commercial bin repairs utilized by the Public Services Department, Integrated Waste Management Division. (Backup material was distributed on August 20, 2007, Item No. 37.) (Cost to the City -- $90,000 from the Refuse Fund.) All Wards MOTION: That the matter be continued to September 17, 2007. END OF CONTINUED ITEMS STAFF REPORTS City Attorney 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino and San Bernardino Fire Department in the case of Richard ?Scott? Moss, et al. v. City of San Bernardino, et al. (See Attached) MOTION: That said resolution be adopted. 09/04/2007 10 Council Office 31. Workshop to discuss the Economic Development Agency Budget at the Economic Development Agency Boardroom. Police 32. Resolution of the City of San Bernardino authorizing the law firm of Jones and Mayer to represent the Police Chief of the City of San Bernardino in litigation intervening in the early release of State prison inmates pursuant to the Prison Litigation Reform Act. (See Attached) MOTION: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 4:30 P.M. R33. Property owner hearing ? resolution of public interest and necessity for th acquisition of real property ? 701 W. 5 Street ? Infinite State. (See Attached) Ward 1 Resolution of the Community Development Commission of the City of San Bernardino declaring the public interest and necessity of acquisition of real property by the Redevelopment Agency of the City of San Bernardino for th community redevelopment purposes over the property located at 701 West 5 Street, San Bernardino, California (Infinite State ? APN 0134-093-08 and 09) in the Central City North Redevelopment Project Area. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 34. 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? 09/04/2007 11 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.) 35. 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, September 17, 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. 09/04/2007 12