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HomeMy WebLinkAbout11-03-2008 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 3, 2008 ? 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 12 & 13.) Any writings or documents provided to a majority of the City Council/Commission regarding any item on the agenda will be made available for public inspection at the nd City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during normal business hours. In addition, such writings and documents will be posted on the City?s website at www.sbcity.org. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 11/03/2008 1 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. 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). Richard ?Scott? Moss, et al. v. City of San Bernardino, et al. ? United States District Court Case No. EDCV 07-01027 SGL (Opx). 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: Inland Communities Corp v. City of San Bernardino (Paradise Hills) Two (2) cases California Aviation Services, Inc. v. City of San Bernardino Cal State Contract for Police Consultant C. Conference with legal counsel ? anticipated litigation ? initiation of litigation ? pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session ? personnel ? pursuant to Government Code Section 54957: Director of Code Enforcement Chief of Police Library Director (Item Continued on Next Page) 11/03/2008 2 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 11/03/2008 3 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 24 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. 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 2, 2008 (Distributed 10/23/08) October 6, 2008 (Distributed 10/28/08) 11/03/2008 4 7. Item deleted. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated October 31, 2008, 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 9. Mayor and Common Council and Community Development Commission Regular Meeting dates for 2009. (See Attached) All Wards 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 2009: January 5; January 20 (Tuesday due to holiday); February 2; February 17 (Tuesday due to holiday); March 2 and 16; April 6 and 20; May 4 and 18; June 1 and 15; July 6 and 20; August 3 and 17; September 8 (Tuesday due to holiday); September 21; October 5 and 19; November 2 and 16; December 7 and 21. City Manager 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to amend the agreement between the County of San Bernardino and the City concerning the use of Indian Gaming Special Distribution Funds. (See Attached) Ward 4 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to transfer $398,190.82 of cash balance from the 246 Capital Improvement Fund into the SB21 Police Grant into the 123 fund. 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. (See Attached) (Cost to the City - $70,000 from the General Fund - Fine Arts) MOTION: That said resolution be adopted. 11/03/2008 5 Development Services 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 declaring June Place a through highway from Bronson Street to Carmelina Street. (See Attached) (Cost to the City - $2,000 from the General Fund - Street Maintenance) Ward 6 MOTION: That said resolution be adopted. 13. 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 declaring Leroy Street a through highway from Sierra Way to Hill Drive and establishing a two-way stop at the intersection of Hill Drive and LeRoy Street. (See Attached) (Cost to the City - $1,500 from the General Fund ? Street Maintenance) Ward 4 MOTION: That said resolution be adopted. Fire 14. Resolution of the Mayor and Common Council of the City of San Bernardino adopting Amendment Number One to the Emergency Ambulance Transportation Services subcontract agreement between the City of San Bernardino and the American Medical Response Inland Empire. (See Attached) (No Cost to the City ? Estimated Revenue of $398,000 to go into Paramedic Reimbursement) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008-2009 adopted budget and increase General Fund revenue Account No. 001-000-4881 (Paramedic Reimbursement) by a net $38,900 from $359,100 to a new total of $398,000 and increase the Fire Department General Fund expenditure budget in Account No. 001-201-5609-0000 (Vehicle Replacement) by $38,900 and appropriate $45,900 from the available Fire DIFF fund balance into Account No. 262-482- 5609 (Vehicle Replacement) and do the corresponding budget adjustments in the Fleet Fund for the purchase of a new Paramedic Squad Vehicle as outlined in the staff report dated October 30, 2008 from Mat Fratus, Deputy Chief. Human Resources 15. Parks, Recreation & Community Services Department Reorganization. (See Attached) (No Cost to the City) (Item Continued on Next Page) 11/03/2008 6 15. Continued. MOTION#1: That the Mayor and Common Council reclassify one (1) Community Services Center Supervisor, Range 2420, $3,606- $4,383 per month to Community Recreation Program Supervisor, Range 2450, $4,188-$5,091 per month; and MOTION#2: Delete one (1) Community Recreation Program Coordinator, Range 1350, $2,543 - $3,092 per month; and MOTION#3: Transfer $20,800 from Account No. 134-462-5011 (Full-time Salary) to Account No. 134-462-5014 (Part-time Salary); and MOTION#4: Authorize the Human Resources Department to update Resolution Nos. 6412 and 97-244 to reflect these actions; and MOTION#5: Authorize the Director of Finance to amend the FY 2008/09 budget to reflect these actions. Parks, Recreation and Community Services 16. Set workshop for Monday, November 17, 2008, at 5:00 p.m. - in the Economic Development Agency Boardroom for a presentation of the Parks, Recreation, Trails and Open Space Master Plan. (See Attached) (No Cost to the City) MOTION: That a workshop be set for November 17, 2008 at 5:00 p.m. in the Economic Development Agency Boardroom for a presentation of the Parks, Recreation, Trails and Open Space Master Plan. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of the First Amendment to the Memorandum of Understanding between the County of San Bernardino and the City of San Bernardino for Operation Phoenix Eastern area. (See Attached) (No Cost to the City) Ward 7 MOTION: That the Director of Finance be authorized to amend the FY 2008/09 adopted budget (both expenditures and revenues) by increasing the Operation Phoenix expenditure Account No. 001- 385-5706 (Alterations and Renovations) in the amount of $97,000 for use at the Operation Phoenix East facility, and to reflect the associated revenue reimbursement of $97,000 from the County of San Bernardino; and that said resolution be adopted. 11/03/2008 7 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute a KaBOOM! Outreach Statement and Letter of Agreement with KaBOOM! for a community-build playground to be constructed at Ruben Campos Community Center located at Nunez Park. (See Attached) (Cost to the City - $4,600 from the Liability Fund, Special Events) Ward 1 MOTION: That said resolution be adopted. Police 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an addendum to the Memorandum of Understanding between the Rialto Unified School District and the City of San Bernardino for a School Resource Officer at Rialto High School, to provide police officers for security at Rialto High School home football games. (See Attached) (No Cost to the City ? Paid for by Rialto High School) Ward 3 MOTION: That said resolution be adopted. 20. Resolution of the City of San Bernardino authorizing the City Manager of San Bernardino to execute the Crossing Guards Service Agreement with the Rialto Unified School District for the operation of the School Crossing Guard Program at Myers Elementary School and Kelley Elementary School by the Police Department. (See Attached) (Cost to the City $20,520 ? of which $10,260 is reimbursed by the District) Ward 6 MOTION: That said resolution be adopted. Public Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the approval of Amendment No. 1 to the Vendor Service Agreement and increase to Purchase Order Number 302232 by $110,000 to Fluoresco Lighting & Signs for streetlight maintenance services. (See Attached) (Cost to the City - $110,000 from the General Fund Professional Contractual Services) All Wards MOTION: That said resolution be adopted. 11/03/2008 8 22. Resolution ratifying submittal of a grant application and authorizing the City Manager to administer the FY 07/08 MSRC funding for the On-road Alternative Fuel Engine Program in the amount of $390,000 to assist in the purchase of (11) LNG refuse and two LNG dump trucks to be utilized by the Public Services Department, Street and IWM Divisions and authorizing the City Manager to execute a contract accepting the grant. (See Attached) All Wards MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and issuance of a new contract purchase order in the amount of $86,000 to Smithson Electric Incorporated for additional loop replacement services, labor, and materials utilized by the Public Services Department, Street Division. (See Attached) (Cost to the City - $86,000 from ½-Cent Sales & Road Tax Fund) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2008/09 budget in order to create a new project number for Routine Loop Replacement Services and transfer $86,000 from Account No. 129-367-5504-7541 (Del Rosa/Highland Ave.) into Account No. 129-367-5504-XXXX (Routine Loop Replacement Services); and that said resolution be adopted. 24. 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 in the amount of $184,100 to Haaker Equipment Company to refurbish Sewer Unit 444. (See Attached) (Cost to the City - $184,100 from the Sewer Line Maintenance Fund) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Police Ad Hoc Committee Meeting of October 29, 2008 ? Committee Members Present: Kelley, Brinker, Johnson 25. Discuss and take possible action concerning the provision of graffiti removal services by City crews, and revision of the Services Agreement with Los Padrinos for the provision of beautification services. (See Attached) All Wards (Item Continued on Next Page) 11/03/2008 9 25. Continued. MOTION: That the Mayor and Common Council authorize the City Manager to begin work on this transition to a City operated graffiti removal service, and a new agreement with Los Padrinos for abatement and beautification services, as further outlined in the staff report dated October 29, 2008 from Teri Baker, Assistant to the City Manager. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Clerk 26. Public Hearing ? Resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees. (See Attached) (No Cost to the City) All Wards Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor to open hearing . . . MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. CONTINUED FROM OCTOBER 20, 2008 TO BE HEARD AT 4:30 P.M. Development Services 27. Public Hearing - Resolution Ordering Vacation of a portion of ?H? Street, between Huff Street and College Drive (No Cost to the City) (Backup material distributed on October 20, 2008, Item No. 23) Ward 3 Resolution of the City of San Bernardino ordering the vacation of a portion of ?H? Street, between Huff Street and College Drive and reserving utility easements therein and an easement for emergency vehicle access. The hearing remains open. . . (Item Continued on Next Page) 11/03/2008 10 27. Continued. MOTION: That the hearing be closed; that the Findings of Facts, as set forth in the staff report dated September 22, 2008 from Valerie C. Ross, the Director of Development Services, as to why the portion of ?H? Street, between Huff Street and College Drive is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM OCTOBER 6, 2008 City Attorney 28. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San Bernardino Municipal Code regarding scrap metal recycling. FIRST READING (No backup material was distributed on June 2, 2008, Item No. 31; item continued to June 16, 2008, Item No. 30; item continued to July 7, 2008, Item No. 38; item continued to August 4, 2008, Item No. 37; item continued to August 18, 2008, Item No. 32; item continued to September 2, 2008, Item No. 32; item continued to October 6, 2008, Item No. 35) (Staff Report and Ordinance not available at time of printing.) MOTION: That the matter be tabled. LAID OVER FROM OCTOBER 20, 2008 Council Office 29. An Ordinance of the City of San Bernardino amending Title 2, Administration and Personnel, of the San Bernardino Municipal Code by amending Section 2.01.010, Mayor Pro-Tempore, by repealing Section 2.76.040, Senior Council Member, and by amending Section 2.76.050, Assignment of Committee Members and Designation of Committee Chairpersons. FINAL READING (Backup material distributed October 6, 2008, Item No. 41; New Ordinance distributed October 20, 2008, Item No. 25) MOTION: That said ordinance be adopted. END OF CONTINUED ITEMS 11/03/2008 11 COMMUNITY DEVELOPMENT COMMISSION R30. Agency Staff Presentation ? Presentation on the update of the San Bernardino Downtown Core Vision/Action Plan (See Attached) Ward 1 MOTION: That the Community Development Commission of the City of San Bernardino receive and file the PowerPoint Presentation/ Report. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee Meeting on October 9, 2008 ? Committee Members Present: Estrada, Baxter, Johnson R31. Joint Public Hearing ? Amendment No. 4 to the Waterman Holdings, LLC, 2004 Disposition and Development Agreement (Central City East Redevelopment Project Area). (See Attached) Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain real property by the Redevelopment Agency of the City of San Bernardino (?Agency?) to th Waterman Holdings, LLC (4 and Waterman Avenue ? APN: 0135-191- 17) (Central City East Redevelopment Project Area). (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino (?Agency?) to Waterman Holdings, LLC, and authorizing the Interim Executive Director of the Agency to execute Amendment No. 4 to the 2004 Disposition and Development Agreement, as amended, between the th Agency and Waterman Holdings, LLC (4 Street and Waterman Avenue ? APN: 0135-191-17) (Central City East Redevelopment Project Area). Mayor to open hearing . . . MOTION: That the hearing be closed; and that said Resolutions A and B be adopted. 11/03/2008 12 Recommended for approval at the Redevelopment Committee Meeting on September 18, 2008 ? Committee Members Present: Estrada, Baxter, Johnson R32. California Housing Foundation, Inc., a non-profit 501(c)(3) organization ? 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement for the benefit of the developmentally disabled adults. Ward 5 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (?Agency?) to execute the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement by and between the Agency and California Housing Foundation, Inc., for the benefit of the developmentally disabled adults. MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION STAFF REPORTS City Attorney 33. Request for payment of legal fees. (Staff Report not available at time of printing) END OF STAFF REPORTS 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, November 17, 2008, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 11/03/2008 13 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. 11/03/2008 14