HomeMy WebLinkAbout11-05-2007 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, NOVEMBER 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. (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.
111/05/2007
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):
Michael Desrochers, Steve Lowes v. City of San Bernardino, et al. ?
United States District Court Case No. EDCV06-1408 VAP (JCRx);
Maria Glander v. City of San Bernardino, et al. ? San Bernardino
Superior Court Case No. SCVSS 123858;
Michael Negrete v. City of San Bernardino, et al. ? United States
District Court Case No. EDCV 06-01047;
Christina Smith, Guardian ad Litem for Cornelious Brooks, et al. v. City
of San Bernardino, et al. ? United States District Court Case No. EDCV
06-00860;
Danuta Tuszynska v. City of San Bernardino, et al. ? San Bernardino
Superior Court Case No. CIVSS 705138;
City of San Bernardino; and the Redevelopment Agency of the City of
San Bernardino, California v. LNR San Bernardino, LLC, et al. ? San
Bernardino Superior Court Case No. CIVSS 700793.
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.
211/05/2007
(Item Continued on Next Page)
1. Continued.
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.
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
311/05/2007
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Robert Vincent ? Board of Police Commissioners ? Mayor Morris. (See
Attached)
B. Chelsea Lock ? Youth Advisory Commission ? Council Member Baxter.
(See Attached)
C. Mireya Olguin ? Youth Advisory Commission ? Council Member Derry.
(See Attached)
D. Christian Kelley ? Youth Advisory Commission ? Council Member
Kelley. (See Attached)
MOTION: That the appointments of Robert Vincent, Chelsea Lock,
Mireya Olguin, and Christian Kelley, as requested by
Mayor Morris and Council Members Baxter, Derry, and
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
26 be adopted except for ____, ____, ____, ____, and ____.
411/05/2007
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. 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: September 17, 2007 (Distributed on 10/16/07)
7. Claims and Payroll.
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated October 15, 2007,
from Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated October 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.
9. Council Office
Resolution of the City of San Bernardino establishing a display policy for the
United States and other flags. (See Attached)
MOTION: That said resolution be adopted.
Development Services
10. Authorization for the Director of Finance to amend the FY 07/08 budget in the
amount of $31,200 for work completed under terms of agreement approved by
Resolution No. 2005-270 (Frank R. Cortez and Irene D. Cortez). (See
Attached) (Cost to City - $31,200 from Special Gas Tax Fund) Ward 7
511/05/2007
(Item Continued on Next Page)
10. Continued.
MOTION: That the Director of Finance be authorized to amend the FY
2007/08 budget by transferring $16,000 from Account No. 126-
369-5504-7233 ?SS-A Bridge and Railing Repairs at various
locations (Annual)? and $15,200 from Account No. 126-369-
5504-7360 ?SS-E Miscellaneous Infrastructure Repairs (Annual)?
to Account No. 126-369-5504-7503 ?SS05-04 Broadmoor
th
Boulevard/30 Street/Waterman Avenue Safety Sidewalk, ADA
and Wall?.
11. A Resolution of the Mayor and Common Council of the City of San Bernardino
declaring its intention to authorize the annexation of territory generally located
on the southwest side of Cajon Boulevard, southeasterly of Glen Helen Parkway
(Annexation No. 4) to Community Facilities District No. 1033, and adopting an
annexation map showing the territory of Annexation No. 4. (See Attached)
(Cost to City -- $5,900 from CFD 1033 Verdemont Fire Station.)
(Resolution not available at time of printing.) Ward 6
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under Chapter 2.5, Part 1, Division 2, Title
5 of the Government Code of the State of California, as amended,
with Community Facilities District No. 1033, Annexation No. 4
for property consisting of an industrial development (DP II No.
06-23), located on the southwesterly side of Cajon Boulevard,
southeasterly of Glen Helen Parkway (APNs 0266-151-01, 02
and 0262-011-38); and that said resolution be adopted.
12. 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 three-way stop at the intersection of
Crestview Avenue and Wabash Avenue. (See Attached) (Cost to City --
$1,200 from General Fund.) Ward 2
MOTION: That said resolution be adopted.
611/05/2007
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the submittal of two project applications for the Seventh Funding
Cycle of the Safe Routes to School (SR2S) Program and, if awarded,
authorizing the Development Services Department to administer the grant. (See
Attached) (Cost to City -- maximum 10% match of $75,144 from Traffic
Systems Fee Fund.) Ward 2, 3, 4, & 7
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Grand Pacific Contractors, Inc. for drainage
improvements in Meridian Avenue, Birch Street to Poplar Street (SD05-03), per
Project Plan No. 12191. (See Attached) (Cost to City -- $90,850 from Storm
Drain Construction Fund.) Wards 3&6
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino ordering the summary vacation of a
portion of the northerly side of Campus Parkway, west of Northpark Boulevard
and a portion of Northpark Boulevard, south of Campus Parkway. (See
Attached) (No Cost to City -- $1,000 paid by the petitioner.) Ward 5
MOTION: That Plan No. 12257 showing the proposed vacation of a portion
of the northerly side of Campus Parkway west of Northpark
Boulevard and Plan No. 12322 showing the proposed vacation of
a portion of Northpark Boulevard, south of Campus Parkway, be
approved; and that said resolution be adopted.
16. Resolution of the City of San Bernardino authorizing and directing the execution
of a quitclaim deed for a storm drain easement to University Park, LLC, across
Spellacy Park, located west of Northpark Boulevard, south of Ash Street. (See
Attached) (No Cost to City.) (Resolution not available at time of printing.)
Ward 5
MOTION: That said resolution be adopted.
711/05/2007
17. Item Deleted.
Human Resources
18. Final Report on Non-Safety Classification and Compensation Study.
MOTION #1: That the Mayor and Common Council receive and file the non-
safety Classification and Compensation Study;
MOTION #2: That the Human Resources Department be authorized to update
Resolution Nos. 6413 and 97-244; and
MOTION #3: That the Director of Finance be authorized to amend the FY
2007/2008 budget by transferring $1,662,000 from the General
Government budget Account No. 001-092-5011 to the
appropriate user department based on the consultant?s
classification and compensation reports.
Information Technology
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the issuance of agreements and purchase orders to CompuCom and
En Pointe Technologies for an upgrade to the City Email System. (See
Attached) (Cost to City - $70,909 from IT Fund.)
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the issuance of an agreement and purchase order to CompuCom for
an upgrade with Software Assurance to Microsoft Office Professional Plus 2007
on 900 City PCs. (See Attached) (Cost to City - $134,226 from IT Fund.)
MOTION: That said resolution be adopted.
Mayor?s Office
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with the Sinfonia Mexicana for the
promotion of arts and culture. (See Attached) (Cost to City --$52,000 from
General Fund.) Ward 1
MOTION: That said resolution be adopted.
811/05/2007
22. Resolution of the Mayor and Common Council of the City of San Bernardino
appropriating $20,000 to the Fire Victims Relief Fund established by the
Community Foundation of Riverside and San Bernardino Counties to provide
direct assistance to victims of the recent local wildfires in the San Bernardino
mountains. (See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Vendor Service Agreement and the
Finance Director, or her designee, to issue a purchase order to Donegan Tree
Service in the amount of $50,000, pursuant to Municipal Code Section
3.04.010B.3, for tree maintenance service in various landscape maintenance
districts. (See Attached) (Cost to City - $50,000 from various Landscape
Maintenance District Accounts) All Wards
MOTION: That said resolution be adopted.
24. Item Deleted.
Public Services
25. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the execution of an Agreement retroactive to November 1, 2007 and
increase to Purchase Order Number 208219 in the amount of $21,000.00 with
two (2) one-year extensions at the City?s option with Inland Presort and Mailing
Services for refuse mailing services. (See Attached) (Cost to City ?$21,000
from Refuse Fund.) All Wards
MOTION: That said resolution be adopted.
Water
26. A Resolution of the Mayor and Common Council of the City of San Bernardino
approving a grant of easement to Enertech Environmental California, LLC for
an industrial sewer line to connect with the Santa Ana River Interceptor (SARI)
pipeline located at the Rapid Infiltration Extraction Facility (RIX) south of Agua
Mansa Road, San Bernardino, CA (APNs 0260-081-25 & 27). (See Attached)
(No cost to City ? in the City of Colton.) (Resolution not available at time of
printing.)
911/05/2007
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee meeting
on October 16, 2007 - Committee Members present: Kelley, Brinker, &
Derry
City Attorney
27. An Ordinance of the City of San Bernardino adding Chapter 9.93 to the San
Bernardino Municipal Code and establishing administrative civil penalties for
violations of the Municipal Code. FIRST READING (Document and
Ordinance not available at time of printing.)
MOTION: That the matter be continued until the California Attorney
General issues an opinion which is anticipated to take place in
January 2008.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
CONTINUED FROM OCTOBER 15, 2007
TO BE HEARD AT 4:00 P.M
Development Services
28. Public Hearing ? adoption of the Development Impact Fee Calculation and
Nexus Report for the Updated Regional Circulation System Master Facilities
Plan and approving Amendment No. 1 to Resolution No. 2006-97 setting the
new amount of the Regional Circulation System Development Impact Fees. (See
Attached New Staff Report) (Backup material was distributed on October 15,
2007, Item No. 22.)
Resolution of the Mayor and Common Council of the City of San Bernardino
approving Amendment No. 1 to Resolution No. 2006-97 setting the amount of
certain Development Impact Fees. (Resolution not available at time of
printing.)
The hearing remains open . . .
MOTION: That the hearing be closed and said resolution be adopted, and
that the Development Impact Fee Calculation and Nexus Report
for the Regional Circulation System Master Facility Plan on file
in the City Clerk?s Office be updated to include the seven
10 11/05/2007
projects listed in the staff report dated October 10, 2007, from
Valerie C. Ross, Director of Development Services.
CONTINUED FROM OCTOBER 15, 2007
TO BE HEARD AT 4:00 P.M.
29. Public Hearing ? resolution authorizing the execution of an agreement and
resolution ordering work relative to the proposed Central Avenue and Lena
Road Area Landscape Maintenance Assessment District No. 1063 ? Parcel Map
No. 17721. (Backup material was distributed on October 1, 2007, Item No.
25; item was continued to October 15, 2007, Item No. 24.) Ward 1
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing and directing the execution of a Landscape
Maintenance Services Agreement relative to the proposed Assessment
District No. 1063 (Central Avenue and Lena Road Area Landscape
Maintenance Assessment District).
B. 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 Central Avenue and Lena Road Area,
approving the final Engineer?s Report, creating an assessment district to
cover the costs of said maintenance, known as Assessment District No.
1063, ordering the work, confirming the 2008-2009 Assessment Roll,
and determining that the Special Assessment Investigation, Limitation
and Majority Protest Act of 1931 shall not apply.
The hearing remains open . . .
MOTION: That the hearing be closed; and that said resolutions A &
th
B, be adopted. (4/5 vote required)
TO BE HEARD AT 4:00 P.M.
30. Public hearing ? resolution authorizing the obligation and expenditure of the
Allocated Citizens? Option for Public Safety (COPS Option) monies for FY
07/08. (See Attached) (Cost to City -- $437,083 -- $394,215 Grant funded &
$42,868 from General Fund.)
Resolution of the City of San Bernardino authorizing the obligation and
expenditure of the Allocated Citizens? Option for Public Safety (COPS Option)
11 11/05/2007
monies for FY 07/08 to supplement front-line law enforcement support services.
All Wards
Mayor to open the hearing . . .
(Item Continued on Next Page)
30. Continued.
MOTION: That the Mayor and Common Council conduct a public hearing to
hear public comments regarding the obligation and proposed
expenditure plan for the allocated Citizen?s Option for Public
Safety (COPS) funding for FY 07/08; and that said resolution be
adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM OCTOBER 15, 2007
City Attorney
31. Utility Service User?s Tax Ballot Measure for the February 5, 2008 Special
Municipal Election. (Document not available at time of printing.)
A. Resolution of the City of San Bernardino submitting to the qualified
electors of said City for their approval the ?Service User?s Tax
Reduction and Modernization Act?; transmission of the proposed ballot
measure to the Office of the City Attorney for purposes of preparation of
an impartial analysis. (Resolution not available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino placing the ?Service User?s Tax Reduction and
Modernization Act? on the ballot for a Special Municipal Election to be
consolidated with the February 5, 2008 Presidential Primary Election;
direction to the City Clerk to transmit a copy to the Board of Supervisors
of the County of San Bernardino and to file a copy with the Registrar of
Voters. (Resolution not available at time of printing.)
MOTION: That said resolutions A&B, be adopted.
12 11/05/2007
END OF CONTINUED ITEMS
STAFF REPORTS
Fire
32. Ordinance of the City of San Bernardino amending Chapter 15.16 of the San
Bernardino Municipal Code and adopting the 2007 California Fire Code, with
appendices, and incorporating by reference the 2006 Edition of the International
Fire Code and necessary California amendments, together with California Code
of Regulations, Title 24. FIRST READING (See Attached) (Ordinance not
available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
Council Office
33. Reconsideration of Resolution No. 2006-98.
MOTION #1: That the Mayor and Common Council reconsider Resolution
No. 2006-98 which: 1) Authorized the reallocation of the
2004/2005 and 2005/2006 Community Development Block
Grant (CDBG) funds in the amount of $1,912,784 as per the
Attachment I (B) and 2) Approved amendments to the
2000/2005 and 2005/2010 Consolidated Plans and the
2004/2005 and 2005/2006 Annual Action Plans; and
MOTION #2: Discuss and take possible action to reconsider the Code
Enforcement demolition fund allocation of $862,784 and
discuss the demolition strategy process.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
R34. Public hearing ? Tax and Equity Fiscal Responsibility Act (TEFRA) for the
California Housing Foundation Development (Inland Regional Center Project) ?
IVDA Redevelopment Project Area. Ward 3
Mayor to open the hearing . . .
13 11/05/2007
Resolution of the Mayor and Common Council of the City of San Bernardino
approving the issuance of Revenue Bonds by the California Statewide
Communities Development Authority for the benefit of California Housing
Foundation on behalf of the Inland Regional Center.
MOTION: That the hearing be closed; and that said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting on
July 19, 2007 ? Committee Members present: Estrada, Baxter & Johnson
R35. 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
Reimbursement Agreement by and between the Agency and the Inland Valley
Development Agency (?IVDA?) related to the Economic Development Agency
staff position as the designated Enterprise Zone/Economic Development Project
Manager. (See Attached) All Wards
MOTION: That said resolution 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
demolition contract by and between the Agency and AON, Inc. for the
demolition of Agency properties in the north Arden Guthrie Area of San
Bernardino (IVDA Redevelopment Project Area). Ward 7
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
37. 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.)
38. Adjournment.
14 11/05/2007
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, November 19, 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.
15 11/05/2007