HomeMy WebLinkAbout04-02-2007 Jt. Reg Mtg Agenda Mayor Patrick J.Morris
CITY OF SAN BERNARDINO Council Members.
300 N "D„Street Esther Estrada
Dennis J Baxter
San Bernardino, CA 92418 Tobin Brinker
Website: www.sbcity.org Neil Derry
Chas Kelley
San Bernardino Rikke Van Johnson
Wendy McCamniack
S.
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, APRIL 2, 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.
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.
CLOSED SESSION
1. Pursuant to Government Code Section(s):
1 04/02/2007
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):
Abdullah, et al. v. City of San Bernardino Valley Municipal Water District
— San Bernardino Superior Court Case No. SCVSS 126706;
Adams v. City of San Bernardino and San Bernardino Valley Municipal
Water District— San Bernardino Superior Court Case No. SCVSS 126708;
Patrick Major v. San Bernardino Fire Department, City, et al. — San
Bernardino Superior Court Case No. SCVSS 129136.
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, et al. (Paradise
Hills)
Does 1-200 v. City of San Bernardino
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. Does 1-200
D. Closed Session — personnel — pursuant to Government Code Section
54957:
Contract Extension
Economic Development Agency Executive Director
Appointment
Director of Parks &Recreation
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.
2 04/02/2007
F. Conference with labor negotiator— pursuant to Government Code Section
54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization(s):
General Unit
San Bernardino Confidential Management Association
G. Conference with real property negotiator — pursuant to Government Code
Section 54956.8:
Central Citv North Redevelopment Project Area
1. Property Address: 746 West 5th Street, San Bernardino
APN: 0134-054-07, 08 and 09
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Richard P. Chalk on behalf of
The Salvation Army, property owner/seller
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 755 West 5th Street, San Bernardino
APN: 0134-093-40
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Dashrath B. Patel, Premila D.
Patel, Sweta S. Patel Living Trust, Sweta S.
Patel Trustee, property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
3 04/02/2007
RECONVENE MEETING—3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
3. Presentations.
A. Employee of the Year Award Presentation.
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 28,
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. (See Attached)
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: February 5, 2007 (Distributed on 3/22/07)
February 20, 2007 (Distributed on 3/26/07)
7. Claims and Payroll. (See Attached)
4 04/02/2007
MOTION: That the claims and payroll and the authorization to issue warrants
as listed in the memorandum dated March 15, 2007, from Barbara
Pachon, Director of Finance, be approved.
8. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated March 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.
Code Compliance
9. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Code Enforcement Department's Volunteer Program and
acknowledging that the City will provide said volunteers with Worker's
Compensation coverage while they are providing services for the City. (See
Attached) (No cost to the City.) All Wards
MOTION: That said resolution be adopted.
Council Office
10. Council Committee Assignments. (See Attached)
MOTION: That the attached list of Council Committee assignments be
approved.
Development Services
11. Resolution of the City of San Bernardino approving an Agreement for
Professional Design Services with Transtech Engineers, Inc. to realign Viaduct
Boulevard between 2nd Street and 3rd Street (SS07-32). (See Attached) (Cost to
the City -- $120,725.00 from the %2 Cent Sales and Road Tax Fund and the
Traffic Systems Construction Fund.) Ward 1
(Item Continued on Next Page)
11. Continued.
5 04/02/2007
MOTION #1:That the Director of Finance be authorized to amend the FY
2006/07 budget by transferring $112,325 from Account No. 129-
367-5504-7156 "Street and Safety Improvements (SS-C)" to a new
Account No. 129-367-5504-7741 "Realign Street on Viaduct
Boulevard between 2nd Street and 3rd Street (SS07-32)" ; and
MOTION #2:That the Director of Finance be authorized to amend the FY
2006/07 budget by transferring $8,400 from Account No. 250-370-
5504-7338 "City-Wide Traffic Signal Improvements" to a new
Account No. 250-370-5504-7740 "Install Traffic Signal at
Realigned Viaduct Boulevard and 2nd Street (TC07-31); and
MOTION#3:That said resolution be adopted.
12. Resolution of the City of San Bernardino approving Amendment No. 3 to
Agreement for Services with Transtech Engineers, Inc. for Professional Civil
Engineering Plan Checking Services. (See Attached) (No cost to the City— all
costs paid by developers) All Wards
MOTION: That said resolution be adopted.
13. Resolution of the City of San Bernardino amending Resolution No. 8234 entitled,
in part, "A Resolution...establishing parking time limitations upon certain
designated streets, alleys, or portions thereof..." to establish a three hour parking
time limitation on Auto Center Drive, Show Case Drive North, and Show Case
Drive South in the area of the San Bernardino Auto Center. (See Attached) (Cost
to the City-- $4,200 from the General Fund.) Ward 3
MOTION: That said resolution be adopted.
14. 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 Chiquita Lane and Date Street 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. 1060; preliminarily approving
the Engineer's Report and giving notice of a public meeting and public hearing.
(See Attached) (No cost to the City -- $4,000 processing fee paid by
applicant.) Ward 4
14. Continued.
6 04/02/2007
MOTION: 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 Chiquita
Lane and Date Street Area (Tract Map No. 17576), to be known as
Assessment District No. 1060; and that said resolution be adopted.
15. Resolution of the City of San Bernardino establishing fair market value of certain
real property located along the west side of Victoria Avenue, north of Highland
Avenue, being an easement for road purposes across portions of two contiguous
parcels of real property referenced as Assessor's Parcel Numbers 01285-164-01
and 0285-742-05, relative to the widening of Victoria Avenue. (See Attached)
(Cost to the City-- $18,200 from the Public Improvements Fund.)
Ward 4
MOTION: That said resolution be adopted.
16. Authorize the Director of Development Services to execute Contract Change
Order No. One to contract with Nikola Construction Corporation for sewer
improvements on Athol Street from "D" Street to Arrowhead Avenue (SW06-04)
and Goodlett Street from Pico Street to Herrington Avenue (SW06-08) and street
improvements on Goodlett Street from Western Avenue to Mt. Vernon Avenue
(SW06-08), per Project Plan No. 11646. (See Attached) (Cost to the City --
$35,300 from the Sewer Line Maintenance Fund.) Wards 1&6
MOTION: That the Director of Development Services be authorized to
execute Change Order No. One in the amount of $32,114 to
contract with Nikola Construction Corporation for sewer
improvements on Athol Street from "D" Street to Arrowhead
Avenue (SW06-04) and Goodlett Street from Pico Street to
Herrington Avenue (SW06-08) and street improvements on
Goodlett Street from Western Avenue to Mt. Vernon Avenue
(SW06-08), per Project Plan No. 11646.
17. Authorization to proceed, resolution of intention and resolution approving
Annexation Map No. 1 relative to Community Facilities District No. 1033
(Verdemont Fire Station). (See Attached) (No cost to the City -- $5,900
processing fee to be paid by applicant.) Wards 5&6
17. Continued.
7 04/02/2007
A. A Resolution of the Mayor and Common Council of the City of San
Bernardino declaring its intention to authorize the annexation of territory
(Annexation No. 1) to Community Facilities District No. 1033.
B. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, adopting an annexation map showing territory
(Annexation No. 1) proposed to be annexed to Community Facilities
District No. 1033.
MOTION: That the Director of Development Services and the City
Clerk be authorized to proceed under Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of
California, as amended, with Community Facilities District
No. 1033 Annexation No. 1 for Tentative Tract No. 14881,
Tentative Tract No. 17716 and Development Permit 11 5-
35; and
MOTION: That said resolutions A&B, be adopted.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the submittal of four project applications for FY 2007 Highway
Safety Improvement Program (HSIP) funding. (See Attached) (Cost to the City--
$52,600 match would be required if all four projects are selected.)
MOTION: That said resolution be adopted.
Facilities Management
19. Resolution of the Mayor and Common Council of San Bernardino authorizing the
execution of a contract with and issuance of a purchase order to Phoenix Group
Information Systems for parking citation processing in the City of San
Bernardino. (See Attached) (Cost to the City -- $40,000 from the General
Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Facilities
Management be authorized to send a Notice of Termination of
Agreement 01-124 to the City of Inglewood.
Fire
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Fire Chief to execute an agreement with the State of California
8 04/02/2007
Department of Transportation to use properties for conducting fire-related training
activities. (Document and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Human Resources
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and purchase order to Insurance
Overload Staffing Systems for temporary staffing services in the amount of
$55,000. (See Attached) (Cost to the City — not to exceed $55,000)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 Worker's Compensation
budget and transfer $55,000 from Account No. 678-452-50xx
(Salary and Benefits) to Account No. 678-452-5502
(Professional/Contractual) for temporary staffing services.
Mayor's Office
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute Amendment No. 3 to the Professional Services
Agreement with Kurt Wilson. (See Attached) (Cost to the City -- $19,998 from
the General Fund.)
MOTION: That said resolution be adopted.
Police
23. Budget amendment to reflect the addition of four police officer (P-1) positions
and authorization for the Director of Finance to amend the FY 2006-2007 adopted
budget to increase Police Department salaries and benefits by $329,238, and to
increase grant revenue in a corresponding amount to reflect the addition of four
motor officer positions and the corresponding grant reimbursement from the
California Office of Traffic Safety. (See Attached) (Cost to the City -- $329,238
from the Office of Traffic Safety Grant funds.) All Wards
MOTION#1:That the Mayor and Common Council authorize four (4) Police
Officer(P-1)positions ($4,685-$6,442); and
(Item Continued on Next Page)
23. Continued.
MOTION #2:That the Director of Human Resources be directed to update
Resolution No. 97-244 (Position Control) to reflect this particular
action; and
9 04/02/2007
MOTION #3:That the Director of Finance be directed to amend the FY 2006/07
adopted budget and increase Police Department salaries and
benefits (Account No. 001-217-50xx) by $329,238, and to also
increase grant revenue (Account No. 001-217-5910) in a
corresponding amount to reflect the addition of four (4) motor
officer positions and the corresponding grant reimbursement from
the California Office of Traffic Safety.
Public Services
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and Purchase Order in the amount of
$199,200.00 with a one-year extension at the City's option between the City of
San Bernardino and Guzman Construction Company for the repair of sidewalks,
curbs, gutters and cross gutters at various locations throughout the City of San
Bernardino. (See Attached) (Cost to the City -- $199,200 from various funds.)
All Wards
MOTION: That said resolution be adopted.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and increase a purchase order in the
amount of$22,000.00 between the City of San Bernardino and Inland Presort and
Mailing Services pursuant to 3.04.010 B.3. for refuse billing processing services
utilized by the Public Services Department, Refuse Division. (See Attached)
(Cost to the City-- $22,000 from the Refuse Fund.) All Wards
MOTION: That said resolution be adopted.
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and purchase order in the amount of
$2,022,955.00 with a one-year extension at the City's option, between the City of
San Bernardino and Matich for street paving services utilized by the Public
Services Department, Street Division. (See Attached) (Cost to the City --
$2,022,955.00 from various funds.) All Wards
MOTION: That said resolution be adopted.
27. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and Purchase Order in the amount of
$284,000.00 between the City of San Bernardino and Pavement Recycling
Systems, Inc. for cold planing services, labor and equipment rental for city street
10 04/02/2007
repairs. (See Attached) (Cost to the City-- $284,000.00 from various Funds)
All Wards
MOTION: That said resolution be adopted.
28. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the increase of a purchase order in the amount of $1,763,841.00
between the City of San Bernardino and the County of San Bernardino Solid
Waste pursuant to 3.04.010 B.1. for trash disposal dump waste fees utilized by the
Public Services Department, Refuse Division. (See Attached) (Cost to the City -
- $1,763,841.00 from the Refuse Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
29. Item Deleted.
CONTINUED ITEMS
CONTINUED FROM MARCH 19, 2007
30. Presentation on the status of the LNR/Carousel Mall project - Economic
Development Agency Boardroom. (Item continued from March 19, 2007, Item
No. 26.)
END OF CONTINUED ITEMS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee on March 8,
2007 -- Committee Members Present: Estrada, Johnson and Baxter
11 04/02/2007
R31. Exclusive Right to Negotiate Agreement with Meadowbrook Park Homes, Inc. -
Rudy Hernandez Center (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 an
Exclusive Right to Negotiate Agreement by and between the Agency and
Meadowbrook Park Homes, Inc. ("Developer"), to explore the redevelopment of
the Rudy Hernandez Center(Central City East Redevelopment Project Area).
MOTION: That the Mayor and Common Council of the City of San
Bernardino consent to an Exclusive Right to Negotiate Agreement
by and between the Redevelopment Agency of the City of San
Bernardino ("Agency") and Meadowbrook Park Homes, Inc.
("Developer"), to explore the redevelopment of the Rudy
Hernandez Center (Central City East Redevelopment Project
Area); and that said resolution be adopted.
R32. 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 (1)
a Redevelopment Cooperation Agreement by and between the Agency and Inland
Valley Development Agency ("IVDA") and (2) a Single Family Inclusionary
Housing Owner Participation Agreement ("OPA") by and between the Agency
and GFC Enterprises, LLC for the development of Lynwood Housing
Development (IVDA Redevelopment Project Area). (See Attached)
Ward 7
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING
TO BE HEARD AT 4:30 P.M.
33. Public hearing — General Plan Amendment No. 05-04 to change the land use
designation of approximately 2.5 acres from IL, Industrial Light, to RU,
Residential Urban; and Tentative Tract Map No. 17239 to create a one-lot
subdivision; and Development Permit III No. 05-10 to construct 95 detached
single-family condominium units. (See Attached) (No cost to the City.)
12 04/02/2007
Ward 3
Owner/Applicant: Augustin Rodriguez
ANR Industries, Inc.
10702 Hathaway Drive, No. 1
Santa Fe Springs, CA 90670
Request/Location: The applicant requests that the Mayor and Common Council
approve General Plan Amendment No. 05-04 to change the land designation of
approximately 2.5 acres from IL, Industrial Light to RU, Residential Urban. It is
also requested to approve Tentative Tract Map No. 17239 to create a 1-lot
condominium subdivision and Development Permit III No. 05-10 to construct 95
single-family condominium units on approximately 12.5 acres. The project is
located at the northwest corner of Artesian Avenue and Walnut Street.
Resolution of the City of San Bernardino adopting General Plan Amendment No.
05-04 to the General Plan of the City of San Bernardino, to amend the General
Plan Land Use Designations from IL, Industrial Light, to RU, Residential Urban,
for 2.5 acres located at the northwest corner of Walnut Street and Artesian
Avenue.
Mayor to open the hearing . . .
MOTION#1:That the hearing be closed; that the Mayor and Common Council
adopt the Mitigated Negative Declaration and Mitigation
Monitoring/Report Plan; and
MOTION #2:That the Mayor and Common Council approve Tentative Tract
Map No. 17239 and Development Permit III No. 05-10 based upon
the Findings of Fact contained in the Planning Commission staff
report, subject to the amended Conditions of Approval and
Standard Requirements; and
MOTION#3:That said resolution be adopted.
TO BE HEARD AT 4:30 P.M.
34. Public hearing — General Plan Amendment No. 06-01 to change the land use
designation of approximately 10.23 acres from IH, Industrial Heavy, to RU,
Residential Urban; Tentative Tract Map No. 17754 to create a small lot
subdivision and Development Permit III No. 06-05 to construct 47 single-family
homes. (See Attached) Ward 3
Owner/Applicant: Augustin Rodriguez
ANR Industries, Inc.
13 04/02/2007
10702 Hathaway Drive, No. 1
Santa Fe Springs, CA 90670
Request/Location: The applicant requests that the Mayor and Common Council
approve General Plan Amendment No. 06-01 to change the land use designation
of approximately 10.23 acres from IH, Industrial Heavy, to RU, Residential
Urban. It is also requested that Tentative Tract Map No. 17754 be approved to
create a small lot subdivision with a minimum lot size of 5,000 square feet and
Development Permit III No. 06-05 to construct 47 single-family homes on
approximately 10.23 acres. The project site is located on the south side of Walnut
Street west of an extension of Artesian Avenue.
Resolution of the City of San Bernardino adopting General Plan Amendment No.
06-01 to the General Plan of the City of San Bernardino, to amend the General
Plan Land Use Designations from IH, Industrial Heavy, to RU, Residential Urban,
for 10.23 acres located on the south of Walnut Street west of an extension of
Artesian Avenue.
Mayor to open the hearing . . .
MOTION #1:That the hearing be closed; that the Mayor and Common Council
adopt the Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Plan; and
MOTION #2:That the Mayor and Common Council approve Tentative Tract
Map No. 17754 and Development Permit III No. 06-05 based upon
the Findings of Fact contained in the Planning Commission staff
report, subject to the amended Conditions of Approval and
Standard Requirements; and
MOTION #3:That said resolution be adopted.
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.)
14 04/02/2007
36. 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, April 16, 2007, in the Council Chambers of City Hall,
300 North"D" Street, San Bernardino, California.
15 04/02/2007
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.
16 04/02/2007