HomeMy WebLinkAbout03-05-2007 Jt. Reg mtg Agenda 4 qll Mayor Patrick J.Morris
CITY OF SAN BERNARDINO Council Members:
Esther Estrada
300 N. "D"Street DennisJ Baxter
San Bernardino, CA 92418 Tobin Brinker
Website: www.sbcity.org Neil Derry
Chas Kelley
San Bernar Ino Rikke Van Johnson
Wendy McCammack
SM
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 5, 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 I1.)
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.
1 03/05/2007
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):
People of the State of California, et al. v. Eduardo Tamavo, et al. — San
Bernardino Superior Court Case No. SCVSS 141888.
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)
C. Conference with legal counsel — anticipated litigation — initiation of
litigation — pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino and Redevelopment Agency of the City of San
Bernardino v. LNR San Bernardino, LLC, the Upham Family Trust; El
Corte Ingles, et al.
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(s):
General Unit
Mid-Management Unit
San Bernardino Management/Confidential Unit
G. Conference with real property negotiator — pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
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RECONVENE MEETING — 3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
A. Human Relations Commission—Kenneth Wells— Council Member Derry.
(See Attached)
MOTION: That the appointment of Kenneth Wells to the Human
Relations Commission, as requested by Council Member
Derry, be approved.
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 25,
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)
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MOTION: That the minutes of the following meeting(s) of the Mayor and
Common Council, Community Development Commission and the
San Bernardino City Housing Authority of the City of San
Bernardino be approved, as submitted in typewritten form:
January 8, 2007 (Distributed on 2/26/07)
January 22, 2007 (Distributed on 2/26/07)
February 15, 2007 (Distributed on 2/27/07)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue warrants
as listed in the memorandum dated February 20, 2007, from
Barbara Pachon, Director of Finance, be approved.
S. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated February 22, 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.
LAID OVER FROM FEBRUARY 20, 2007
Animal Control
9. An Ordinance of the City of San Bernardino amending Section 6.01.020 and
adding new Sections 6.01.160, 6.01.170, 6.01.180 and 6.01.190 to Title 6 of the
San Bernardino Municipal Code requiring mandatory spay/neuter of dogs.
FINAL READING (Backup material distributed on February 20, 2007, Item
No. 31.)
MOTION: That said ordinance be adopted.
_LAID OVER FROM FEBRUARY 20, 2007
10. An Ordinance of the Mayor and Common Council of the City of San Bernardino
amending in its entirety Title 14, Chapter 14.08 of the City of San Bernardino
Municipal Code regulating Cable, Video, and Telecommunications Service
Providers. FIRST READING (New Staff Report and Ordinance Attached)
MOTION: That said ordinance be laid over for final adoption.
City Attorney
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11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Arias &
Lockwood and the City of San Bernardino in the case of Maria Glander v. County
of San Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Arias &
Lockwood and the City of San Bernardino in the case of Michael Negrete v. City
of San Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Arias &
Lockwood and the City of San Bernardino in the case of J.R., et al. v. City of San
Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Arias &
Lockwood and the City of San Bernardino in the case of Christina Smith, et al. v.
City of San Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Arias &
Lockwood and the City of San Bernardino in the case of Jamie Johnson v. City of
San Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
City Manager
6 03/05/2007
16. Adoption of the Measure Z expenditure plan for FY 2006-07, and adopting
Measure Z Oversight Committee Roles and Responsibilities and Measure Z
Expenditure Policy. (See Attached) (No cost to the City.)
MOTION: That the Measure Z Oversight Committee Roles and
Responsibilities (Attachment A) and Measure Z Expenditure
Policy(Attachment B) be adopted.
Development Services
17. Authorize the Director of Finance to amend the FY 2006/2007 adopted
Development Services budget for the purpose of funding development-related and
Public Works Consultant Inspection services and to increase the Purchase Order
amount to Caltrop Corporation for on-call public works inspection services. (See
Attached) (Cost to the City -- $235,000 from the General Fund and various
Capital Improvement Project Accounts.) All Wards
MOTION #1:That the Director of Finance be authorized to increase Purchase
Order No. 07-052 to Caltrop Corporation (for contract on-call
inspection services) from the current approved amount of$256,000
by$235,000 to a new total of$491,000; and
MOTION #2:That the Director of Finance be authorized to amend the FY
2006/2007 Development Services adopted budget and transfer
$175,000 to Account No. 001-183-5502 (Professional/
Contractual); $165,000 from Account No. 001-184-50XX (Salaries
& Benefits) and $10,000 from Account No. 001-190-50XX
(Salaries & Benefits).
18. Resolution of the City of San Bernardino making application to the Local Agency
Formation Commission for providing City sewer services to property within
unincorporated territory located at 2900 N. Macy Street. (See Attached) (No cost
to the City-- $1,300 processing fee paid by applicant.)
Surrounded by the 6th Ward
MOTION: That the Director of Development Services be authorized to initiate
proceedings for the provision of City sewer services outside of
City boundaries for property located at 2900 N. Macy Street; and
that said resolution be adopted.
19. 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 Waterman Avenue and Orange Show Road area
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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. 1045; 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 1
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 Waterman
Avenue and Orange Show Road area (Tract No. 17972), to be
known as Assessment District No. 1045; and that said resolution
be adopted.
20. 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 Pepper Avenue and Rialto Avenue area without
compliance with the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931; declaring its intention to proceed to order work within the
district, to be known as Assessment District No. 1050; preliminarily approving
the Engineer's Report and giving notice of a public meeting and public hearing.
(See Attached) (No cost to the City -- $5,900 processing fee paid by
applicant.) Ward 6
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 Pepper
Avenue and Rialto Avenue area (Tract No. 17076), to be known as
Assessment District No. 1050; and that said resolution be adopted.
Facilities Management
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement for Services with and issuance of a
purchase order to Bell Roof Company, Inc. for the Center for Individual
Development roof replacement in the City of San Bernardino per RFQ F-07-24.
(See Attached) (Cost to the City-- $28,175 from CDBG Funds.)
MOTION: That said resolution be adopted.
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement for services with and issuance of a
purchase order to Davidson Air Conditioning and Heating, Inc. for the Center for
Individual Development HVAC replacement in the City of San Bernardino per
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RFQ-F-07-25; rejecting the lowest bid of Retrofit Technology, Inc., as being non-
responsive. (See Attached)
MOTION: That the Mayor and Common Council find the Retrofit
Technology, Inc. bid non-responsive; and that said resolution be
adopted.
23. Item Deleted.
Public Services
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Fairview Ford of San Bernardino
for forty-two (42) year 2007 Ford Crown Victoria Police Interceptors; and
authorizing the Finance Director or her designee to solicit lease-purchase rate
quotes and award a lease-purchase to the lowest responsible leasing company.
(See Attached) (Cost to the City -- $1,119,614.16 [plus lease costs] from the
Motor Pool Fund.) (Resolution not available at time of printing.)
All Wards
MOTION: That the matter be continued to March 19, 2007.
Water
25. A Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing a Grant of Easement to San Bernardino Valley Municipal Water
District for the Baseline feeder south pipeline on property located on Pedley Road
between 6th Street and 91h Street, San Bernardino, CA (APN 278-191-30). (See
Attached) (No cost to the City.) Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval by the Ways and Means Committee on February
21, 2007—Committee Members present: Derry, Johnson and McCammack
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26. Authorization for staff to proceed with the refunding of the City's Series 1996
Lease Revenue Bonds. (See Attached) (Total potential savings - between
$473,000- $634,000.)
MOTION: That staff be authorized to proceed with the refunding of the City's
Series 1996 Lease Revenue Bonds.
27. Resolution of the Mayor and Common authorizing the Purchasing Manager to
issue a purchase order to the Adamson's Industries, Inc., Orange, CA to provide
Second Chance Summit Threat Level IIIA ballistic vest in an amount not to
exceed $231,927.57. (Cost to the City — $231,927.57 -- $114,000 from
Measure Z and $ 117,900 from Development Impact Fees.) (Document and
Resolution not available at time of printing.)
MOTION #1:That said resolution be adopted; and
MOTION #2:That the Director of Finance be directed to amend the adopted FY
2006/07 Development Impact Fee (DIF) budget and appropriate
$117,900 from the Law Enforcement DIF unappropriated fund
balance to Account No. 261-481-5704 (Miscellaneous Equipment);
and
MOTION#3:That the Director of Finance be directed to amend the FY 2006/07
Measure Z budget and appropriate $114,000 in Measure Z funds to
Account No. 001-223-5704 (Miscellaneous Equipment).
END OF COMMITTEE CONSENT
CONTINUED ITEMS
CONTINUED FROM FEBRUARY 20, 200
28. Workshop — 5:00 p.m. in the Council Chambers — report on Operation Phoenix
activities from the City of San Bernardino, the County of San Bernardino and
California State University San Bernardino. (Continued from February 20,
2007, Item No. 34.)
END OF CONTINUED ITEMS
STAFF REPORTS
29. Ban the Box. (See Attached)
MOTION: That the Ban the Box matter be referred to the Council Personnel
Committee for further discussion and recommendations.
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END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee on February
22, 2007—Committee Members Present: Estrada, Johnson & Baxter
TO BE HEARD AT 4:30 P.M.
R30. Public Hearing - Tax and Equity Fiscal Responsibility Act (TEFRA) Hearing for
Catholic Healthcare West. (See Attached)
Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Issuance of Revenue Bonds by the California Statewide
Communities Development Authority for the benefit of Catholic Healthcare West.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
R31. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing a loan from the Low- and Moderate-
Income Housing Fund in the amount of$7.5 million for property acquisition and
demolition costs related to the redevelopment of the North Arden Guthrie Area
(IVDA Redevelopment Project Area). Ward 7
MOTION: 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 to execute Amendment No.
1 to the 2006 Legal Counsel Services Agreement with Lewis, Brisbois, Bisgaard
& Smith, L.L.P. (See Attached)
MOTION: That said resolution be adopted.
33. 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.)
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34. 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, March 19, 2007, in the Council Chambers of City Hall,
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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