HomeMy WebLinkAbout11-19-2007 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
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 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. (Community Development Commission Items
are on pages 14 & 15.)
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.
111/19/2007
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. ?
San Bernardino Superior Court Case No. CIVSS 708367;
Emilio Flores, et al. v. City of San Bernardino, et al. ? San Bernardino
Superior Court Case No. CIVSS 700464;
Charles Jones v. City of San Bernardino, et al. ? San Bernardino
Superior Court Case No. SCVSS 144212;
Vargas, Mary Louise, et al. v. City of San Bernardino, et al. ? United
States District Court Case No. EDCV 06-01402 VAP (JCRx);
People v. Manta Management Corporation ? San Bernardino Superior
Court Case No. SCVSS 117285.
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:
Two Cases
Inland Communities Corp. v. City of San Bernardino (Paradise Hills
Project)
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.
211/19/2007
(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
311/19/2007
RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Christine Erickson ? Civil Service Board ? Mayor Morris. (See
Attached)
B. Connie Avalos ? Mobile Home Board ? Mayor Morris. (See Attached)
C. Yvette Aguayo ? Youth Commission ? Council Member Estrada. (See
Attached)
D. Alyssa Alfaro ? Youth Commission ? Council Member McCammack.
(See Attached)
MOTION: That the appointments of Christine Erickson, Connie
Avalos, Yvette Aguayo, and Alyssa Alfaro, as requested
by Mayor Morris and Council Members Estrada and
McCammack, be approved.
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
16 be adopted except for ____, ____, ____, ____, and ____.
411/19/2007
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. Claims and Payroll.
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated October 31, 2007,
from Barbara Pachon, Director of Finance, be approved.
7. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated November 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.
City Clerk
8. Approve the 2008 Council Meeting Dates and Agenda Deadline Schedule. (See
Attached)
MOTION: That the Mayor and Common Council and the Community
Development Commission approve the following dates for
regular meetings of the Mayor and Common Council/
Community Development Commission for the year 2008:
January 7; January 22 (Tuesday due to holiday); February 4;
February 19 (Tuesday due to holiday); March 3 and 17; April 7
and 21; May 5 and 19; June 2 and 16; July 7 and 21; August 4
and 18; September 2 (Tuesday due to holiday); September 15;
October 6 and 20; November 3 and 17; December 1 and 15.
9. 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 Progressive Solutions, Inc. for revenue recovery, software license
agreement and software maintenance agreement for software and revenue
recovery services pursuant to Section 3.04.010-B3 of the Municipal Code and
ratifying acts of the City Clerk from July 1, 2007, through the enactment of this
resolution. (See Attached) (Cost to City $18,745 from Equipment
Maintenance.) All Wards
511/19/2007
MOTION: That said resolution be adopted.
Development Services
10. 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 Orange Show Road and
Tippecanoe 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. 1059; preliminarily approving the Engineer?s Report
and giving notice of a public hearing. (See Attached) (Total Cost to City
$627 from the General Fund and $3,767 from Landscape District Fund)
Ward 3
MOTION #1: 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 Orange
Show Road and Tippecanoe Avenue area (Parcel Map No.
17132), to be known as Assessment District No. 1059; and
MOTION #2: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Tract Map No. 17972, located on the east side of
Waterman Avenue south of Orange Show Road in the Office Industrial Park
(OIP), and Industrial Light (IL) Land Use Districts, accepting the public
dedications as set forth on said map; and authorizing execution of the standard
form of agreement for the improvements in said subdivision, with time for
performance specified. (No cost to the City.) Ward 3
MOTION: That said resolution be adopted.
LAID OVER FROM NOVEMBER 5, 2007
Fire
12. 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. FINAL READING
MOTION: That said ordinance be adopted.
611/19/2007
13. Item Deleted.
Public Services
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the third amendment to the waste delivery agreement between the
County of San Bernardino and the City of San Bernardino. (See Attached)
(Cost to City $69,500 from Integrated Waste Management Budget FY
2007/08.) All Wards
MOTION: That said resolution be adopted.
15. Resolution authorizing the execution of an agreement and issuance of a purchase
order to Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of
the Municipal Code for the purchase of sixteen (16) refuse trucks complete with
refuse bodies and LNG conversion to be utilized by the IWM Division; and
authorizing the purchasing manager to solicit lease-purchase rate quotes and
award a lease-purchase to the lowest responsible leasing company. (See
Attached) (Cost to City $4,817,395.20 from Refuse Fund.) All Wards
MOTION: That said resolution be adopted.
16. A Resolution authorizing the execution of an agreement and issuance of a
purchase order in the amount of $414,384.89 to Crest Chevrolet of San
Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code, ?Purchases
Approved by the Mayor and Common Council? for the purchase of one (1)
Vactor 2110 RCS Jet Rodder truck to be utilized by the Public Services
Department Street Division Sewer Crew. (See Attached) (Cost to City
414,384.89 from Motor Vehicles Fund.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 budget by transferring
$415,000 from the unappropriated Sewer Line Maintenance Fund
balance and transfer into Account No. 132-431-5701 (Motor
Vehicles).
END OF CONSENT CALENDAR
711/19/2007
COMMITTEE CONSENT
17. Item Deleted.
Recommended for approval at the Personnel Committee Meeting on
November 13, 2007 - Committee Members present: McCammack and
Baxter
18A. Development Services Department Reorganization. (See Attached)
MOTION #1: That the Mayor and Common Council reclassify one (1) Senior
Civil Engineer position, Range 4550, $6,896-$8,383 to Principal
Civil Engineer, Range 4570, $7,620-$9,262; and
MOTION #2: That the Mayor and Common Council reclassify the Engineering
Division Manager/City Engineer position, Range 4600, $8,850-
$10,157 to City Engineer, Range 4600, $8,850-$10,157; and
MOTION #3: That the Mayor and Common Council add one (1) Deputy City
Engineer position, Range 4580, $8,010-$9,736; and
MOTION #4: That the Mayor and Common Council add one (1) Senior
Administrative Assistant position, Range 1400, $3,264-$3,967;
and
MOTION #5: That the Mayor and Common Council add one (1) Assistant
Director of Development Services position, Range 4620, $9,778-
$11,885; and
MOTION #6: That the Mayor and Common Council delete the Principal
Planner position, Range 4550, $6,896-$8,383; and
MOTION #7: That the Human Resources Department be authorized to update
Resolution Nos. 6413 and 97-244.
18B. Authorize funding for one (1) full-time permanent City Attorney Investigator at
one-half time. (See Attached)
811/19/2007
MOTION #1: That the Mayor and Common Council authorize the funding for
one full-time permanent City Attorney Investigator at one-half
time; and
(Item Continued on Next Page)
18B. Continued.
MOTION #2: That the Human Resources Department be authorized to update
Resolution No. 97-244 to reflect this action; and
MOTION #3: That the Director of Finance be authorized to amend the City
Attorney?s Office Fiscal Year 2007/2008 adopted budget by
transferring $24,700 from Account No. 001-092-5XXX (General
Government Unreserved/Undesignated Fund balance) to Account
No. 001-051-5XXX (Salaries/Permanent/Full-Time).
Recommended for approval at the Ways and Means Committee Meeting on
November 12, 2007 - Committee Members present: Derry and Estrada
City Manager
19. Request for waiver of fees ? YMCA Children?s Christmas Parade ? December
1, 2007. (See Attached)
MOTION: That the request for a waiver of fees in the amount of $5,074 for
department, personnel and equipment costs associated with the
th
30Annual YMCA Children?s Christmas Parade scheduled for
December 1, 2007, be approved; and that $5,074 be transferred
from the civic and promotion fund into the various City
departmental accounts as listed in the Staff Report, dated October
9, 2007, from Fred Wilson, City Manager, to recover their costs
incurred in assisting with the parade.
Finance
20. Receive and file the FY 2006-2007 Year End Budget Report. (See Attached)
MOTION: That the Mayor and Common Council receive and file the FY
2006-2007 Year End Budget Report.
911/19/2007
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M
Development Services
21. Public hearing ? resolution approving annexation and resolution calling a special
election; and resolution certifying election results for Community Facilities
District No. 1033 (Verdemont Fire Station) Annexation No. 3, generally located
on the north and south side of Industrial Parkway, west of Cable Creek Flood
Control Channel. (See Attached) (No Cost to City) 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. 3) to Community Facilities District No. 1033 and
authorizing the levy of special tax and submitting the levy of tax to the
qualified electors.
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. 3 of City of San Bernardino Community
Facilities District No. 1033 propositions regarding the annual levy of
special taxes within Annexation No. 3 and the establishment of an
appropriations limit.
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. 3.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A-C,
be adopted.
10 11/19/2007
CONTINUED FROM OCTOBER 15, 2007
TO BE HEARD AT 4:00 P.M
Development Services
22. Public hearing ? Resolution authorizing the execution of an Amendment to the
Agreement to form a landscape maintenance district and resolution ordering
work relative to the proposed Cajon Boulevard and University Parkway Area
Landscape Maintenance Assessment District No. 1057 (Parcel Map No. 17375).
(New Staff Report Attached) (Backup material was distributed on August 20,
2007, Item No. 45; continued to September 17, 2007, Item No. 32;
continued to October 1, 2007, Item No. 24; continued to October 15, 2007,
Item No. 23.) (Cost to City $4,464 from General Fund.) Ward 6
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 [?Default Agreement?] relative to the
proposed Assessment District No. 1057 (Cajon Boulevard and University
Parkway Area Landscape Maintenance Assessment District).
(Resolution not available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an amendment to the agreement
to form a landscape maintenance district between the City of San
Bernardino and HSB I-215, LP, SE I-215, LP and 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, in San Bernardino.
C. 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 Cajon Boulevard and University
Parkway Area, approving the final engineer?s report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1057, ordering the work, confirming the 2008-
2009 Assessment Roll, and determining that the Special Assessment
11 11/19/2007
Investigation, Limitation and Majority Protest Act of 1931 shall not
apply.
The hearing remains open . . .
MOTION: That the hearing be closed; that said resolution A, be
tabled; and that resolutions B&C, be adopted. (4/5 vote
required.)
TO BE HEARD AT 4:00 P.M.
Police Department
23. Appeal hearing ? regarding the denial for application for permit for massage
technician ? Hong Bin He. (See Attached)
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; and that the Mayor and Common
Council uphold the decision of the Chief of Police and adopt his
letter of October 1, 2007, as its findings and conclusion, based
upon the back-up information submitted and any additional
evidence presented at the hearing; or
MOTION #2: That the hearing be closed; and that the Mayor and Common
Council uphold the appeal of the applicant and reverse the
decision of the Chief of Police; or
MOTION #3: That the hearing be closed; and that the Mayor and Common
Council uphold the appeal of the application in part and direct the
City Attorney?s Office to prepare findings and conclusions
consistent with its decision.
TO BE HEARD AT 4:00 P.M.
24. Appeal hearing ? regarding the denial for application for permit for Massage
Parlor ? ?Mini-Day Spa? ? Herlinda Montenegro. (See Attached)
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; and that the Mayor and Common
Council uphold the decision of the Chief of Police and adopt his
letter of October 23, 2007, as its findings and conclusion, based
upon the back-up information submitted and any additional
evidence presented at the hearing; or
12 11/19/2007
MOTION #2: That the hearing be closed; and that the Mayor and Common
Council uphold the appeal of the applicant and reverse the
decision of the Chief of Police; or
MOTION #3: That the hearing be closed; and that the Mayor and Common
Council uphold the appeal of the applicant in part and direct the
City Attorney?s Office to prepare findings and conclusions
consistent with its decision.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM MAY 21, 2007
Development Services
25. Request for continuance for Tentative Tract No. 14112 ? located northeasterly
of the intersection of Foothill Drive and Sterling Avenue. (See Attached) (No
cost to City.) Ward 4
MOTION: That the Mayor and Common Council approve the request for
continuance of the Final Map for Tentative Tract No. 14112, to
May 19, 2008.
CONTINUED FROM AUGUST 20, 2007
26. 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 (Backup
material was distributed on August 6, 2007, Item No. 42.)
MOTION: That said ordinance be laid over for final adoption.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
27. An Ordinance of the City of San Bernardino adding Chapter 9.91 9.93 to the
San Bernardino Municipal Code and establishing administrative civil penalties
13 11/19/2007
for violations of the Municipal Code. FIRST READING (Document and
Ordinance not available at time of printing.)
MOTION: That this matter be continued until the California Attorney
General issues an opinion which we anticipate may be in
January 2008.
28. Item Deleted.
29. Initiation of a Development Code Amendment regarding Parolee Group Homes
and Residential Care Facilities.
An Ordinance of the City of San Bernardino amending the San Bernardino
Municipal Code (Development Code), to allow group homes and residential care
facilities for parolees in non-residential and non-commercial land use districts
subject to a conditional use permit. The CH (Commercial Heavy) Land Use
Districts may also be considered to allow parolee group homes and residential
care facilities subject to a conditional use permit.
MOTION: That the Development Services Department be directed to initiate
a proposed Development Code Amendment allowing parolee
group homes and residential care facilities in non-residential and
non-commercial land use districts subject to a conditional use
permit. The CH (Commercial Heavy) Land Use Districts may
also be considered to allow parolee group homes and residential
care facilities subject to a conditional use permit.
30. Item Deleted.
Mayor?s Office
31. Operation Phoenix Budget. (Document not available at time of printing.)
MOTION #1: That the Mayor and Common Council approve the expansion of
the Operation Phoenix Neighborhood Initiative as proposed in
the staff report, and to authorize the City Manager to execute
the proposed Memorandum of Understanding with the County
of San Bernardino as attached, subject to review and approval
by the City Attorney; and
14 11/19/2007
MOTION #2: That the Director of Finance be authorized to amend the FY
2007/2008 Adopted Budget (both expenditures and revenues) as
outlined in the staff report to reflect the $518,900 cost to expand
the Operation Phoenix Neighborhood Initiative for the
remainder of FY 2007/2008, and to reflect the associated
revenue reimbursement of $388,900 ($98,000 from the County
and $290,900 from EDA) to be received.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee Meeting on
November 8, 2007 -- Committee Members Present: Estrada, Baxter &
Johnson
R32. Award of demolition contract to Dakeno, Inc., for City/Agency Properties ?
(Central City East Redevelopment Project Area). (See Attached) Ward 1
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 Dakeno, Inc., for the
demolition of City/Agency properties located at 547, 555, 561 and 567 North
Sierra Way, San Bernardino (Central City East Redevelopment Project Area).
MOTION: That the Mayor and Common Council of the City of San
Bernardino consent to and authorize the demolition of the City
property located at 547 and 555 North Sierra Way, San
Bernardino, in accordance with the Demolition Contract by and
between the Redevelopment Agency of the City of San
Bernardino (?Agency?) and Dakeno, Inc. (Central City East
Redevelopment Project Area); and that said resolution be
adopted.
Council Office
33. City Charter Section 34 - Powers of the Common Council. (Document not
available at time of printing.)
15 11/19/2007
MOTION: That the Mayor and Common Council approve code of conduct
that defines ?disorderly or contemptuous behavior? and clarifies
?rules for your own proceedings?.
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?
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 4:00
p.m., Monday, November 26, 2007, in the Economic Development
Agency Boardroom, 201 North ?E? Street, San Bernardino,
California.
16 11/19/2007
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.
17 11/19/2007