HomeMy WebLinkAbout12-03-2007 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, DECEMBER 3, 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 13.)
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.
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CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and Community
Development Commission recess to closed session for the
following:
A. Conference with legal counsel ? existing litigation ? pursuant to
Government Code Section 54956.9(a):
Alvarez & Associates, et al. v. City of San Bernardino, et al. ? United
States District Court Case No. 00-03048 PA (Rcx);
Holcomb, Pearly v. City of San Bernardino, et al. ? San Bernardino
Superior Court Case No. SCVSS 142385;
Christopher Zimmerer v. City of San Bernardino, et al. ? United States
District Court Case No. CV 07-4072 ER (VBKx);
Sibauste, Amanda Marie v. City of San Bernardino, et al. ? San
Bernardino Superior Court Case No. SCVSS 142129;
Vargas, Mary Louise, et al. v. City of San Bernardino, et al. ? United
States District Court Case No. EDCV 06-1402 VAP (JCRx).
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.
(Item Continued on Next Page)
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1. Continued.
F.Conference with labor negotiator ? pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
Fire Fighters Association Local No. 891
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
12/03/2007
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
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
27 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.
6. Claims and Payroll.
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated November 19, 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 27, 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.
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LAID OVER FROM NOVEMBER 19, 2007
City Attorney
8. 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. FINAL READING (Backup
material was distributed on August 6, 2007, Item No. 42.)
MOTION: That said ordinance be adopted.
9. 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 in the case of Michael
Desrochers and Steve Lowes v. City of San Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
10. Item Deleted.
City Clerk
11. Approve local appointments list per Maddy Act. (See Attached) (No cost to
the City.) All Wards
MOTION: That the Mayor and Common Council approve the Local
Appointments List of all regular and ongoing boards,
commissions, and committees and direct that the City Clerk send
a copy of the List to the Feldheym Library for posting pursuant to
Government Code Section 54973.
12. Resolution of the Mayor and Common Council of the City of San Bernardino,
th
California, reciting the facts of the Primary Municipal Election held on the 6
day of November 2007, declaring the results thereof and setting forth such other
matters as are allowed by law. (See Attached) (No cost to the City.)
All Wards
MOTION: That said resolution be adopted.
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City Manager
13A. Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution 2005-363 to include the use of a City Register of
Historical and Architecturally Significant Properties for the purposes of Mills
Act Eligibility. (See Attached) (No cost to the City.) (Resolution not available
at time of printing.) All Wards
MOTION: That said resolution be adopted.
13B. Resolution authorizing the execution of a Mills Act Preservation Agreement
with Mark D. Valadez, and adding 980 W. Edgemont Dr. to the Official City
Register of Historical and Architecturally Significant Places. (See Attached)
(No cost to the City.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
Development Services
14. An Urgency ordinance of the City of San Bernardino amending Sections
15.04.010, 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100,
15.04.110, 15.04.114, 15.04.120, 15.04.125, 15.04.130, 15.04.163,
15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.200,
15.04.210, 15.04.220, 15.04.221, 15.04.222, 15.04.223, 15.04.225,
15.04.230, 15.04.250, 15.10.040, 15.10.060, 15.10.080, 15.74.010 and
repealing sections 15.04.055, 15.04.077, 15.04.084, 15.04.105, 15.04.116,
15.04.117, 15.04.118, 15.04.119, 15.04.133, 15.04.177, 15.04.250, 15.12.010
of the San Bernardino Municipal Code and adopting by reference the 2007
Edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24 (CCR, T-24), incorporating the International
Building Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the
Uniform Plumbing Code 2006 Edition, the National Electrical Code, 2005
Edition; and adopting the Uniform Housing Code, 1997 Edition, the Uniform
Administrative Code, 1997 Edition; and adopting the Uniform Housing Code,
1997 Edition, the Uniform Administrative Code, 1997 Edition, the Uniform
Code for the Abatement of Dangerous Buildings, 1997 Edition, and amending
those California Building Standards as identified herein, through express
findings of local necessity, and declaring the urgency thereof and taking effect
on January 1, 2008. URGENCY (No cost to the City.) (Ordinance not
available at time of printing.) All Wards
MOTION: That said urgency ordinance be adopted.
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15. An Ordinance of the City of San Bernardino amending Sections 15.04.010,
15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.110,
15.04.114, 15.04.120, 15.04.125, 15.04.130, 15.04.163, 15.04.165,
15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210,
15.04.220, 15.04.221, 15.04.222, 15.04.223, 15.04.225, 15.04.230,
15.04.250, 15.10.040, 15.10.060, 15.10.080, 15.74.010 and repealing sections
15.04.055, 15.04.077, 15.04.084, 15.04.105, 15.04.116, 15.04.117,
15.04.118, 15.04.119, 15.04.133, 15.04.177, 15.04.250, 15.12.010 of the San
Bernardino Municipal Code and adopting by reference the 2007 Edition of the
California Building Standards Code, known as the California Code of
Regulations, Title 24 (CCR, T-24), incorporating the International Building
Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the Uniform
Plumbing Code 2006 Edition, the National Electrical Code, 2005 Edition; and
adopting the Uniform Housing Code, 1997 Edition, the Uniform Administrative
Code, 1997 Edition; and adopting the Uniform Housing Code, 1997 Edition, the
Uniform Administrative Code, 1997 Edition, the Uniform Code for the
Abatement of Dangerous Buildings, 1997 Edition, and amending those
California Building Standards as identified herein, through express findings of
local necessity. FIRST READING (See Attached) (No cost to the City.)
(Ordinance not available at time of printing.) All Wards
MOTION: That said ordinance be laid over for final adoption.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Nikola Construction Corporation for the sewer and street
improvements, Cedar Street from Baseline Street to Gilbert Street, Canyon
Road from Baseline Street to Gilbert Street, Wallace Court from Richardson
th
Street to east end, 24 Street from ?G? Street to ?H? Street (SW07-02, SW07-
01, SW06-01, & SW06-09), per Project Plan No. 11868. (See Attached)
(Cost to the City -- $1,200,000 from Sewer Line Construction Fund.)
(Resolution not available at time of printing.) Wards 2, 3 &7
MOTION: That said resolution be adopted.
17. Resolutions authorizing the execution of a right of way easement for a portion of
Northpark Boulevard, south of Campus Parkway; an easement for traffic signals
and handicap ramps at Northpark Boulevard and Sierra Drive; an easement for
landscape maintenance along the northwesterly side of Northpark Boulevard,
south of Campus Parkway; and an Acceptance of an Assignment of an
Agreement and Grant of Easement for the area southerly of Campus Parkway
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and northwesterly of Northpark Boulevard, all from California State University.
(See Attached) (No cost to the City.) Ward 5
(Item Continued on Next Page)
17. Continued.
A. Resolution of the City of San Bernardino authorizing and directing the
execution of acceptance of a grant of easement from the trustees of the
California State University for the realignment of Northpark Boulevard
right of way, southerly of Campus Parkway. (Resolution not available
at time of printing.)
B. Resolution of the City of San Bernardino authorizing and directing the
execution of acceptance of a grant of easement from the trustees of the
California State University for traffic signals and handicap ramp at
Northpark Boulevard and Sierra Drive, a private street, northerly of Ash
Street. (Resolution not available at time of printing.)
C. Resolution of the City of San Bernardino authorizing and directing the
execution of acceptance of a grant of easement from the trustees of the
California State University for landscape installation and maintenance,
generally located along the northwesterly side of Northpark Boulevard,
southerly of Campus Parkway. (Resolution not available at time of
printing.)
D. Resolution of the City of San Bernardino authorizing and directing the
execution of acceptance of an assignment from Park-University, LLC of
an agreement and grant of easement from the trustees of the California
State University to Park-University, LLC for landscape installation and
maintenance generally located along the northwesterly side of Northpark
Boulevard, southerly of Campus Parkway. (Resolution not available at
time of printing.)
MOTION: That said resolutions A-D, be adopted.
Finance
18. Approval of FY 2006/07 Continuing Appropriations and Encumbrance
Carryovers into FY 2007/08. (See Attached)
MOTION: That the Mayor and Council approve carrying over the attached
listing of FY 2006/2007 Continuing Appropriations and
Encumbrances into FY 2007/2008.
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Human Resources
19. Establishment of salaries for Police Department Ranges P-4, P-5, P-6 & P-7,
effective August 1, 2007. (See Attached) (Cost to the City - $158,000 from the
General Fund.)
MOTION #1: That the salaries for the Police Department Ranges P-4
(Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), P-7
(Police Chief) be established, effective August 1, 2007; and
MOTION #2: That the Human Resources Department be authorized to amend
Resolution No. 6429 to reflect the above action; and
MOTION #3: That the Director of Finance be authorized to amend the FY
2007-08 budget by increasing the Police Department General
Fund budget for Charter 186 costs by transferring $158,000 from
the General Government budget in Account No. 001-092-5011 to
the appropriate Police Department Divisions budget accounts and
also make the appropriate adjustments to the various Police
Grants as allowed by the Grants.
20. Establishment of salaries for Fire Department Ranges P-1, P-2, P-3 & P-4,
effective August 1, 2007. (See Attached) (Cost to the City - $999,300 from
the General Fund.)
MOTION #1: That the salaries for Fire Department Ranges P-1 (Firefighter), P-
2 (Firefighter/Paramedic), P-3 (Fire Engineer), and P-4 (Fire
Investigator/Captain) be established, effective August 1, 2007;
and
MOTION #2: That the Human Resources Department be authorized to amend
Resolution No. 6429 to reflect the above action; and
MOTION #3: That the Director of Finance be authorized to amend the FY
2007/08 budget by increasing the Fire Department General Fund
budget for Charter 186 costs by transferring $999,300 from the
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General Government budget in Account No. 001-092-5011 to the
appropriate Fire Department budget accounts.
Police
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to issue an annual purchase order to Galls,
Inc. to provide employee uniforms during FY 2007-08 in an amount not to
exceed $50,000 with two renewals at the City?s option. (See Attached) (Cost
to the City - $35,550 from the General Fund.) (Resolution not available at
time of printing.) All Wards
MOTION: That said resolution be adopted.
Public Services
22. A Resolution of the Mayor and Common Council authorizing the execution of
an agreement and issuance of a purchase order to Ironman Parts & Services of
Corona pursuant to Section 3.04.010-B3 of the Municipal Code, for eight diesel
particulate filters to be installed on eight refuse trucks, per the California Air
Resources Board (CARB) regulations. (See Attached) (Cost to the City -
$77,464 from Fleet Services.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2007/08 Fleet budget to
appropriate $77,500 into Account No. 635-341-5173, Outside
Vehicle Maintenance and to make the corresponding adjustments
in the Refuse Fund.
23. Item Deleted.
24. A Resolution of the Mayor and Common Council authorizing the execution of
an agreement and issuance of a purchase order to Redlands Auto Center
pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of one
right hand drive Jeep Wrangler to be utilized by the Facilities Department
Parking Control Division. (See Attached) (Cost to the City - $26,330 from
Fleet Services.) (Resolution not available at time of printing.) All Wards
MOTION: That the matter be tabled.
25. A Resolution of the Mayor and Common Council authorizing the execution of
an agreement and issuance of a purchase order to Chaparral Motorsports of San
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Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for the
purchase of three (3) 2007 Honda ST1300P Police Motorcycles to be utilized by
the Police Department. (See Attached) (Cost to the City - $47,145 from Fleet
Services.) All Wards
MOTION: That said resolution be adopted.
26. A Resolution of the Mayor and Common Council authorizing the execution of
an agreement and issuance of a purchase order to Turf Star, Inc. pursuant to
Section 3.04.010-B3 of the Municipal Code for the purchase of four (4)
GM7200 72? Toro Riding Mowers to be utilized by the Parks and Recreation
Department. (See Attached) (Cost to the City - $67,321 from Flee Services.)
All Wards
MOTION: That said resolution be adopted.
27. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Fourth Amendment to the Waste Delivery Agreement between
the County of San Bernardino and the City of San Bernardino. (See Attached)
(No cost to the City.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Heard at the Legislative Review Committee Meeting on October 16, 2007 -
Committee Members present: Kelley, Brinker, & Derry
Public Services
28. Resolution of the Mayor and Common Council of the City of San Bernardino
restricting parking at the locations, days and times specified on Attachment ?A?
for the purposes of a street sweeping pilot program. (See Attached) (No cost to
the City.) Wards 5&7
MOTION: That said resolution be adopted.
PUBLIC HEARINGS
CONTINUED FROM NOVEMBER 19, 2007
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TO BE HEARD AT 4:00 P.M.
29. Appeal hearing ? regarding the denial for application for permit for Massage
Parlor ? ?Mini-Day Spa? ? Herlinda Montenegro. (Backup material was
distributed on November 19, 2007, Item No. 24.)
Mayor to open the hearing . . .
(Item Continued on Next Page)
29. Continued.
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
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 NOVEMBER 19, 2007
30. Initiation of a Development Code Amendment regarding Parolee Group Homes
and Residential Care Facilities. (Backup material was distributed on
November 19, 2007, Item No. 29.)
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.
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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.
END OF CONTINUED ITEMS
STAFF REPORTS
City Manager
31. Luncheon Workshop ? Noon in EDA Boardroom ? Senator Robert Dutton.
City Attorney
32. Draft Memorandum of Understanding with the County of San Bernardino to
provide assistance to the City of San Bernardino, Operation Phoenix Eastern
Area. (Document not available at time of printing.)
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
R33. Public hearing - Midterm Review and Amendment of the Five (5) Year
Implementation Plan 2004-2009 for the Agency?s eleven (11) redevelopment
project areas and IVDA Redevelopment Project Area (Housing Component)
(Document not available at time of printing.)
Resolution of the Community Development Commission of the City of San
Bernardino adopting the Redevelopment Agency of the City of San Bernardino?s
(?Agency?) Midterm Review and Amendment of the Five (5) Year
Implementation Plan 2004-2009 for the Agency?s eleven (11) redevelopment
project areas (Central City North, Central City West, State College, Southeast
Industrial Park, Northwest, Tri-City, South Valle, Uptown, Mt. Vernon
th
Corridor, 40 Street, Central City Projects Merged ? comprised of Central City
East, Central City South, Meadowbrook and Central City Projects) and the
Inland Valley Development Agency (?IVDA?) Redevelopment Project Area
(Low-Moderate Income Housing Component). (Resolution not available at
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time of printing.)
Mayor to open the hearing. . .
MOTION: That the matter be continued to December 17, 2007.
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?
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, December 17, 2007, in the Council Chambers, 300
North ?D? Street, San Bernardino, California.
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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.
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