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HomeMy WebLinkAbout12-17-2007 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 17, 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 12.) 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. 112/17/2007 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). Sibauste, Amanda Marie v. City of San Bernardino, et al. ? San Bernardino Superior Court Case No. SCVSS 142129; Zimmon, Garrett, Disability Retirement. B. Conference with legal counsel ? anticipated litigation ? significant exposure to litigation ? pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel ? anticipated litigation ? initiation of litigation ? pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session ? personnel ? pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public?s right of access to public services or public facilities ? pursuant to Government Code Section 54957. F.Conference with labor negotiator ? pursuant to Government Code Section 54957.6. 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. 212/17/2007 END OF CLOSED SESSION RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Paul Sanborn ? Board of Fire Commissioners ? Council Member McCammack. (See Attached) MOTION: That the appointment of Paul Sanborn to the Board of Fire Commissioners, as requested by Council Member 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 22 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. 312/17/2007 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: August 6, 2007, (Distributed on 12/4/07) October 1, 2007 (Distributed on 12/4/07) 7. Claims and Payroll. MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated December 11, 2007, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. MOTION: That the personnel actions, as submitted by the Chief Examiner, dated December 13, 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 Manager 9. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of an agreement retroactive to December 1, 2007 with William Holt for hearing officer and/or administrative law officer services. (See Attached) (Cost to the City -- $18,000 annually from the General Fund. All Wards MOTION: That said resolution be adopted. Code Enforcement 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a consultant services agreement with Raphael Rawls for Operation Phoenix Community Liaison Services. (See Attached) (Cost to City - $36,400 from General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 412/17/2007 Development Services 11. San Bernardino Valley Enterprise Zone finding of compliance with the California Environmental Quality Act. (See Attached) (No cost to the City.) Wards 1, 2 , 3, & 6 MOTION: That the Mayor and Common Council find that the City of San Bernardino General Plan Program Environmental Impact Report, certified November 1, 2005, analyzes potential environmental impacts associated with the San Bernardino Valley Enterprise Zone designation adequately, and that no further environmental analysis and no new mitigation measures are required to implement the San Bernardino Valley Enterprise Zone within the City of San Bernardino; and direct staff to file a Notice of Determination. 12. Authorization for the Director of Development Services to amend the FY 2007/08 budget and execute Change Order No. One with Hardy & Harper, Inc. th for cul-de-sac street improvements on 4 Street at Mt. Vernon Avenue (SS06- 01), per Project Plan No. 11882. (See Attached) (Cost to the City - $45,660 from Special Gas Tax Fund.) Wards 1 & 3 MOTION #1: That the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $32,500 from Account No. 126- th 369-5504-7582 ?Traffic Calming on 4 Street at Tiajuana Street and Cabrera Avenue? to Account No. 126-369-5504-7581 (SS06- th 01) ?4 Street cul-de-sac at Mt. Vernon Avenue.? MOTION #2: That the Director of Development Services be authorized to execute Change Order No. One Hardy & Harper, Inc. in the th amount of $45,660 for cul-de-sac street improvements on 4 Street at Mt. Vernon Avenue (SS06-01), per Project Plan No. 11882. 13. Item Deleted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino repealing Resolution No. 2007-413 and approving Amendment No. 1 to Agreement with GFR Enterprises, Inc. for the dedication and improvement of a 4-acre park at the southwest corner of Irvington Avenue and Chestnut Avenue. 512/17/2007 (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 15. Resolution of the City of San Bernardino approving Amendment No. 1 to Agreement for Professional Services with Transtech Engineers, Inc. to provide Program Management Services for the Santa Fe Depot Parking Structure Project (GB04-19). (See Attached) (Cost to the City - $10,225.00 from Street Construction Fund.) Ward 1 MOTION: That said resolution be adopted. LAID OVER FROM DECEMBER 3, 2007 16. 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. FINAL READING (Backup material was distributed on December 3, 2007, Item No. 15.) MOTION: That said ordinance be adopted. Fire 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to JEC Integration Systems for the purchase and installation of an upgraded audio/visual system for the Fire Department?s Training Facility. (See Attached) (Cost to the City - $23,897.81 from MMRS Grant.) All Wards 612/17/2007 MOTION: That said resolution be adopted. Human Resources 18. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections ten, eleven, twelve, and fourteen, entitled in part ?A Resolution?establishing a basic compensation plan??, by updating information codifying prior council actions (General, Middle-Management, and Confidential and Management). (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That the matter be continued to January 7, 2008. 19. Amendments to Side Letter agreements with General and Middle-Management Employees Bargaining Unit; and Amendment to Resolution No. 2007-345 authorizing agreement with Management Confidential Employees. A. Resolution of the City of San Bernardino amending Article III, Compensation, Section 1, Salaries, of the Side Letter between the City and General Unit Employees Bargaining Unit. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino amending Article III, Compensation, Section 1, Wages, of the Side Letter between the City and Middle-Management Employees Bargaining Unit. (Resolution not available at time of printing.) C. Resolution of the City of San Bernardino amending Resolution No. 2007-345, Section 2.B.2, Compensation, between the City and Management/Confidential Employees. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. Parks, Recreation & Community Services 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 4 to contract 05-689 with the County of San Bernardino Human Services Department for a cost of 712/17/2007 living allowance (COLA) and a Child and Adult Care Food Program (CACFP) adjustment, for the Head Start/Preschool Program at Delmann Heights Community Center for FY 2007-2008. (See Attached) (Cost to City - $16,295 from Grants Fund.) All Wards MOTION: That said resolution be adopted. Police 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the San Bernardino City Unified School District and the City of San Bernardino. (See Attached) MOTION: That said resolution be adopted. Public Services 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order in the amount of $104,179.00 to Burrtec Waste Industries, Inc. for commingled recyclable processing services for the months of April, May, June and July of 2006. (See Attached) (Cost to City - $104,179.00 from Dump/Waste Fees Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval by Legislative Review Committee on December 4, 2008 - Committee Members present: Kelley, Brinker & Derry City Attorney 23. Resolution of the Mayor and Common Council of the City of San Bernardino requiring all resolutions and motions to include language requiring staff to bring back to Council for consideration all deviations, changes, and/or revisions to directions contained in previously approved agenda items. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval by Ways and Means Committee on December 5, 2008 - Committee Members present: Derry, Estrada, & Johnson City Manager 812/17/2007 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Consultant Services Agreement with Sidewalk Strategies, a division of Tramutola LLC, to provide public information services related to the Utility User?s Tax Rate Reduction and Modernization Ballot Measure. (See Attached) (Cost to the City -- $77,800 from Unreserved/ Undesignated General Fund.) (Resolution not available at time of printing.) (Item Continued on Next Page) 24. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 adopted budget to transfer $77,800 from the Unreserved/Undesignated General Fund balance to Account No. 001-092-5502 (Professional/ Contractual Services). Heard by the Grants Ad Hoc Committee on December 11, 2007 - Committee Members present: Baxter, Brinker & McCammack Parks, Recreation & Community Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino approving the template letter of agreement in concept; and authorizing the City Manager to execution a KaBOOM! Outreach Statement on behalf of the City of San Bernardino as required for consideration for a Community-Build Playground proposed for construction at Lytle Creek Park. (Resolution not available at time of printing.) MOTION #1: That said resolution be adopted; or MOTION #2: Committee Recommendation: That the Mayor and Common Council decline participation with the KaBOOM! Project. Recommended for approval by Personnel Committee on December 11, 2007 - Committee Members present: Baxter and McCammack 26. Salary adjustment for Security Officers and Assistant Security Supervisor in the Facilities Management Department. (See Attached) (Cost to the City -- $6,000 from the General Fund.) MOTION #1: That the Mayor and Common Council approve a salary adjustment for Security Officer, from $11.84-$14.96 per hour to a flat rate of $18.00 per hour; and 912/17/2007 MOTION #2: That the Mayor and Common Council approve a salary adjustment for Assistant Security Supervisor from $12.62-$17.36 per hour to a flat rate of $20.40 per hour; and MOTION #3: That the Human Resources Department be authorized to update Resolution No. 6413 to reflect this action. END OF COMMITTEE CONSENT City Attorney 27. An Ordinance of the City of San Bernardino amending the San Bernardino Municipal Code (Development Code), to prohibit group homes and residential care facilities for parolees and registered sex offenders in residential and commercial land use districts, and to designate a violation of this ordinance a misdemeanor. MOTION: That the ordinance be referred to the Legislative Review Committee. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Development Services 28. Public hearing ? resolution approving annexation, resolution calling the special election and resolution certifying the results of an election for Community Facilities District No. 1033 ? Annexation No. 4 ? property located on the southwesterly side of Cajon Boulevard, southeasterly of Glen Helen Parkway. (See Attached) (No cost to the 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. 4) to Community Facilities District No. 1033 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors. (Resolution not available at time of printing.) B. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, calling a special election and submitting to the voters of Annexation No. 4 of City of San Bernardino Community Facilities District No. 1033 propositions regarding the annual levy of special taxes within Annexation No 4 and the establishment of an appropriations limit. (Resolution not available at time of printing.) 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. 10 12/17/2007 1033, Annexation No. 4. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A-C, be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM DECEMBER 3, 2007 Police 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Galls, an ARAMARK, CO., LLC, to provide employee uniforms during FY 2007-08 in an amount not to exceed $50,000 with two renewals at the City's option. (Backup material was distributed on December 3, 2007, Item No. 21.) (Cost to the City - $35,550 from the General Fund.) All Wards MOTION: That said resolution be adopted. CONTINUED FROM DECEMBER 3, 2007 City Attorney 30. Draft Memorandum of Understanding with the County of San Bernardino to provide assistance to the City of San Bernardino, Operation Phoenix Eastern Area. (No backup material was distributed on December 3, 2007, Item No. 32.) (Document not available at time of printing.) END OF CONTINUED ITEMS STAFF REPORTS Council Office 31. Parolee Issues. (See Attached) MOTION: That all parolee issues be referred to the Mayor?s Parolee Ad Hoc Committee before referral to the full Council or any other Committee. 11 12/17/2007 32. National League of Cities Congress of Cities and Exposition Update. (See Attached) (No cost to the City.) MOTION: That the Mayor and Common Council receive and file the update. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM DECEMBER 3, 2007 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). (See Attached) A. Resolution of the Community Development Commission of the City of 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, Mt. Vernon Corridor, 40th 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). B. Resolution of the Community Development Commission of the City of San Bernardino adopting the Redevelopment Agency of the City of San Bernardino (?Agency?) Midterm Review and amendment of the Five (5) Year Implementation Plan 2004-2009 for the Agency?s Uptown Redevelopment Project Area. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A&B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 12 12/17/2007 PLANNING ITEMS TO BE HEARD AT 4:30 P.M. 34. Appeal of the Planning Commission approval of Development Permit 3 No. 06-14 to construct a 3-story, 93-unit senior housing complex at the northwest th corner of Medical Center Drive and 16 Street in the CO, Commercial Office, land use district. (See Attached) (No cost to the City.) Ward 6 (Item Continued on Next Page) 34. Continued. Owner: Inland Desert Investment 30700 E. Sunset Drive, #S Redlands, CA 92370 Applicant: Ricky Torres Global Premier Development 5 Park Plaza, Suite 980 Irvine, CA 92614 Appellant: Lola Lee 1578 W. Gilbert Street San Bernardino, CA 92411 Request/Location: Development Permit 3 No. 06-14 is a request to construct a three-story, 93-unit senior housing complex with a recreation building on approximately two acres of land located at the northwest corner of Medical th Center Drive and 16 Street in the CO, Commercial Office, land use district. Mayor to open the hearing . . . MOTION #1: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission?s approval of Development Permit 3 No. 06-14, based upon Findings of Fact contained in the Planning Commission Staff Report dated July 3, 2007, subject to the Conditions of Approval and Standard Requirements (Exhibit 2); or MOTION #2: That the hearing be closed and that the Mayor and Common Council grant Appeal No. 07-04 and deny Development Permit No. 06-14 in concept and continue to the next meeting to allow Development Services to bring revised Findings of Fact to the Council. 13 12/17/2007 END OF PLANNING MATTERS 35. 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.) 36. Adjournment. MOTION: That the meeting be adjourned to 3:00 p.m., Tuesday, December 18, 2007, in the Management Information Center, Sixth Floor, City Hall, 300 North ?D? Street, San Bernardino, California. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, January 7, 2008, in the Council Chambers, 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 14 12/17/2007 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 12/17/2007