HomeMy WebLinkAbout04-16-2007 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 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, APRIL 16, 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 15.)
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 04/16/2007
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):
City of San Bernardino v. California Electric Power Company, et al. -
San Bernardino Superior Court Case No. SCVSS 134263;
Patel, Pravin D., et al. v. City of San Bernardino - United States
Supreme Court Case No. 06-1118;
Peggy Jean Bateman v. City of San Bernardino - Workers'
Compensation Appeals Board No. SBR 0324270.
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.
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)
2 04/16/2007
1. Continued.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organizations:
Mid-Management Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central ty North Redevelopment Project Area (Downtown
cquisition rogram
1. Property Address: 795 West 5' Street, San Bernardino
APN: 0134-093-41
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Tien Lee International Limited
Corp., property owner/seller
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 770 West 5"' Street, San Bernardino
APN: 0134-054-26
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Raul M. Najera and Catalina A.
Barrera Cantoran, property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
3. Property Address: 755 West 5`' Street, San Bernardino (Royal
Motel Site) APN: 0134-093-40
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
property owner, and the Salvation Army,
potential lessee
Under Negotiation: Lease, terms and conditions
(Item Continued on Next Page)
3 04/16/2007
1. Continued.
4. Property Address: 723-739 West 5' Street, San Bernardino
APN: 0134-093-07
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
Buyer, and Walter L. B. Ammons,
property owner/seller
Under Negotiation: Purchase price, terms, and conditions
5. Property Address: 673 West 5`' Street, San Bernardino
APN: 0134-101-02 and 03
N
Under Negotiation: Purchase price,
terms, and conditions
END OF CLOSED ',SESSION
4 04/16/2007
RECONVENE MEETING — 3:00 P.M.
PRESENT:
ABSENT:
2. Appointments.
A. Animal Control Commission - Steven Rodriguez, Jr. - Council Member
Brinker. (See Attached)
B. Community Television Commission - Tierney Harris - Council Member
McCammack
C. Board of Police Commissioners - Frank Guzman - Council Member
McCammack
MOTION: That the appointments of Steven Rodriguez, Jr. to the
Animal Control Commission, Tierney Harris to the
Community Television Commission, and Frank Guzman
to the Board of Police Commissioners, as requested by
Council Members Brinker and 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
25, be adopted except for , and
5 04/16/2007
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common Council and Community Development
Commission, be waived.
6. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated April 5, 2007, from
Barbara Pachon, Director of Finance, be approved.
7. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated April 12, 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 Attorney
8. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professionals Services Agreement between the law
firm of Arias & Lockwood and the City of San Bernardino in Matter of Marc
Stephen Maxey, et al. (See Attached)
MOTION: That said resolution be adopted.
9. Item Deleted.
Code Compliance
10. Resolution of the City of San Bernardino objecting to the May 2007 Tax Sale of
Properties with City assessments. (See Attached) (No cost to the City.)
All Wards
MOTION: That said resolution be adopted.
6 04/16/2007
Development Services
11. Authorize the Director of Development Services to execute Contract Change
Order No. One to the contract with Powell Engineering Construction for
drainage improvements and pavement rehabilitation on Bailey Court (SD04-14),
per Project Plan No. 11248. (See Attached) (Cost to the City -- $23,000 from
the Storm Drain Construction Fund.) Ward 5
MOTION: That the Director of Development Services be authorized to
execute Change Order No. One in the amount of $22,840.32 to a
contract with Powell Engineering Construction for drainage
improvements and pavement rehabilitation on Bailey Court
(SD04-14), per Project Plan No. 11248.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a Contract to Roadway Engineering & Contracting, Inc. for storm
drain and street improvements on Belmont Avenue, west of Little League Drive,
per Project Plan No. 11528, and authorization for the Director of Finance to
amend the FY 2006/07 Budget. (See Attached) (Cost to the City -- $230,000
from the Storm Drain Construction Fund and the Gas Tax Fund.) Ward 5
MOTION: That the Director of Finance be authorized to amend the FY
2006/07 budget by transferring $50,000 from Account No. 126-
369-5504-7362 (SS-I) "Residential Street Repairs" and $80,000
from Account No. 248-368-5504-7167 (SD-A) "Cross Gutter and
Drainage Inlet Repairs" to Account No. 126-369-5504-7166 (SD-
B) "Box Culvert Repairs;" and that said resolution be adopted.
Facilities Management
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Contract with and issuance of a purchase order to
Best Roofing & Waterpoofing, Inc. DBA Best Contracting Services, Inc. for the
roof replacement at Fire Station 224 per RFQ F-07-30. (See Attached) (Cost to
the City -- $73,367.00 from the General Fund.) Ward 7
MOTION: That said resolution be adopted.
7 04/16/2007
Human Resources
14. Resolution of the City of San Bernardino amending Resolution No. 6429,
entitled in part "A Resolution ... establishing a basic compensation plan for
officers and/or employees of the Police and Fire Departments of the City of San
Bernardino." (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Council Office
15. Resolution in support of the 2006 Compact Amendment between the San
Manuel Band of Mission Indians and the State of California. (Document and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
16. Item Deleted.
Police
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to --xecute a Maintenance Agreement with
Versatile Information Products for maintenance of the City's NICE logging
recorder system, and ratifying any services previously provided from March 1,
2007. (See Attached) (No cost to the City.) All Wards
MOTION: That said resolution be adopted.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute art Agreement between the Guide Dogs
of the Desert International and the San Bernardino Police Department for the
donation of a canine to be used as a narcotics canine. (See Attached) (No cost
to the City.) All Wards
MOTION: That said resolution be adopted.
8 04/16/2007
Public Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and increase to an annual purchase
order in the amount of $30,000, with three (3) single year renewal options, to
Arata Equipment Company for the purchase of specific Labrie Equipment parts
and supplies utilized by the Public Services Fleet Division. (See Attached)
(Cost to the City -- $30,000 from the Motor Pool Fund.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 Fleet and Refuse budgets
as discussed in the staff report dated March 26, 2007, to reflect
the additional $30,000 in supplies and parts costs.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and increase to an annual purchase
order in the amount of $32,000.00, to McCray Enterprises of San Bernardino
for medium and heavy-duty equipment and truck repair, including purchase of
various related parts. (See Attached) (Cost to the City -- $32,000 from the
Motor Pool Fund.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 Fleet and Refuse budgets
as discussed in the staff report dated March 26, 2007, to reflect
the additional $32,000 in service and parts costs.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and increase to an annual purchase
order in the amount of $20,000.00, to Poma Distributing Company, Inc., for
automotive, heavy truck and heavy equipment lubricants. (See Attached) (Cost
to the City -- $20,000 from the Motor Pool Fund.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 Fleet budget as discussed
in the staff report dated March 20, 2007, to reflect the additional
$20,000 in lubricant costs.
9 04/16/2007
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and increase to an annual purchase
order in the amount of $19,000.00, to Pride Automotive for automotive, light
and medium duty truck transmission service, repair and exchange for the City's
fleet. (See Attached) (Cost to the City -- $19,000 from the Motor Pool
Fund.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 Fleet and Police budgets
as discussed in the staff report dated March 9, 2007, to reflect the
additional $19,000 in outside vehicle maintenance costs.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an Agreement and increase to an annual purchase order in the
amount of $10,000.00, to Tec of California for the purchase of specific
equipment parts and supplies for the Public Services Refuse Fleet utilized by the
Public Services Department Fleet Division. (See Attached) (Cost to the City --
$10,000 from the Motor Pool Fund.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 Fleet and Refuse budgets
as discussed in the staff report dated March 23, 2007, to reflect
the additional $10,000 in parts and supplies costs.
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an Agreement and increase to an annual purchase order in the
amount of$30,000.00, to "Y" Tires of Los Angeles for new and recapped tires,
tubes and related repair services for City vehicles and equipment, to be utilized
by the Fleet Division. (See Attached) (Cost to the City -- $30,000 from the
Motor Pool Fund.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 Fleet, Refuse and Police
budgets as discussed in the staff report dated March 21, 2007, to
reflect the additional $30,000 in new and recapped tire costs.
10 04/16/2007
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and Purchase Order to Fairview Ford
of San Bernardino pursuant to Section 3.04.010 B-3 of the Municipal Code for
nine (9) Year 2007 Ford Ranger pick up trucks to be utilized by the Parks,
Recreation, and Community Services and Public Services Departments. (See
Attached) (Cost to the City -- $116,390.61 from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee meeting
on March 6, 2007 - Members present: Kelley, Derry and Baxter
26. Ordinance of the City of San Bernardino adding Chapter 2.23 to Title 2 of the
San Bernardino Municipal Code establishing the Historical Preservation
Commission. FIRST READING (No cost to the City.)(Ordinance not
available at time of printing.) All Wards
MOTION: That said ordinance be laid over for final adoption.
Recommended for approval at the Ways and Means Committee meeting on
March 28, 2007 - Members present: Derry, Estrada and Johnson
27. Mid-Year Budget Review for Fiscal Year 2006/07. (See Attached)
MOTION #1:That the FY 2006/07 Mid-Year Budget Report be received and
filed; and
MOTION #2:That the Director of Finance be authorized to amend the FY
2006/07 budget and increase Fire Department overtime (001-202-
5015) by $300,000 and corresponding mutual aid revenue
reimbursement by $300,000 (001-000-4619) to reflect the costs
and reimbursement associated with increased mutual aid
responses.
END OF COMMITTEE CONSENT
11 04/16/2007
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Development Services
28. Public meeting - formation of a Landscape Maintenance Assessment District in
the Waterman Avenue and Orange Show :Road Area (Tract Map No. 17972 -
AD 1045). (See Attached) (No cost to the City -- $4,000 processing fee paid
by applicant.) Ward 1
Mayor to open the public meeting . . .
MOTION: That the public meeting relative to the formation of the Waterman
Avenue and Orange Show Road Area Landscape Maintenance
Assessment District No. 1045 be closed, and protests and ballots,
if any, be carried over to the public hearing on May 7, 2007, at
4:00 p.m.
TO BE HEARD AT 4:00 P.M.
29. Public meeting - formation of a Landscape Maintenance Assessment District in
the Pepper Avenue and Rialto Avenue area (Tract Map No. 17076 - AD 1050.)
(See Attached) (No cost to the City -- $5,900 processing fee paid by
applicant.) Ward 6
Mayor to open the public meeting . . .
MOTION: That the public meeting relative to the formation of the Pepper
Avenue and Rialto Avenue Area Landscape Maintenance
Assessment District No. 1050 be closed, and protests and ballots,
if any, be carried over to the public hearing on May 7, 2007, at
4:00 p.m.
TO BE HEARD AT 4:00 P.M.
30. Public meeting - formation of a Landscape Maintenance Assessment District in
the Mill Street and Meridian Avenue area (Tract Map No. 17218 - AD 1061).
(See Attached) (No cost to the City ••- $5,900 processing fee paid by
applicant.) Ward 6
Mayor to open the public meeting . . .
MOTION: That the public meeting relative to the formation of the Mill
Street and Meridian Avenue Area Landscape Maintenance
Assessment District No. 1061 be closed, and protests and ballots,
if any, be carried over to the public hearing on May 7, 2007, at
4:00 p.m.
12 04/16/2007
TO BE HEARD AT 4:30 P.M.
31. Public hearing - resolution ordering vacation of Gannett Parkway between
Hallmark Parkway and Georgia Boulevard. (See Attached) (No cost to the City
-- $1,200 processing fee paid by applicant.) Ward 6
Resolution of the City of San Bernardino ordering the vacation of Gannett
Parkway, between Hallmark Parkway and Georgia Boulevard (Plan No. 10901),
and reserving temporary easements therein. (Resolution not available at time
of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and the Findings of Fact as set forth
in the staff report dated March 21, 2007, from the Director of
Development Services, as to why Gannett Parkway between
Hallmark Parkway and Georgia Boulevard is no longer necessary
for public street purposes, be adopted; and that said resolution be
adopted.
TO BE HEARD AT 4:30 P.M.
32. Public hearing - relative to an urgency interim ordinance to extend a temporary
moratorium on the establishment and operation of medical marijuana
dispensaries and other similar uses. (See Attached)
An Urgency Interim Ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Section 19.06.026 (Development Code) and
extending a temporary moratorium on the establishment and operation of
medical marijuana dispensaries and other similar uses, declaring the urgency
thereof, and taking effect immediately. URGENCY
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said urgency ordinance-be
adopted.
END OF PUBLIC HEARINGS
13 04/16/2007
CONTINUED ITEMS
CONTINUED FROM APRIL 2, 2007
33. Council Minutes. (Item continued from April 2, 2007 meeting, Item No. 6.)
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 revised in typewritten
form:
February 5, 2007 (Distributed on 3/22/07)
February 20, 2007 (revised) (Distributed on 4/9/07)
CONTINUED FROM APRIL 2, 2007
Fire
34. 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
Department of Transportation to use properties for conducting fire-related
training activities. (Document and Resolution still not available at time of
printing.) (Item continued from April 2, 2007, Item No. 20.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
City Manager
35. Update on Citywide Organizational Review.
MOTION: That the matter be continued. to May 7, 2007.
36. Discussion of an Interim Ordinance of the City of San Bernardino establishing a
temporary moratorium on the establishment and operation of new residential
care or congregate care facilities with seven or more beds in residential
neighborhoods, and referral to the Legislative Review Committee (LRC).
MOTION: That the matter be referred to the Legislative Review Committee.
END OF STAFF REPORTS
14 04/16/2007
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee on March 22,
2007 --Committee Members Present: Estrada, Johnson and Baxter
R37. 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. 3 to the 2004 Professional Services Agreement with Terra Nova Planning
and Research, Inc. (See Attached)
MOTION: That said resolution be adopted.
TO BE HEARD AT 4:30 P.M.
R38. Public hearing - recommended allocations of 2007/08 Community Development
Block Grant (CDBG) Funds; Emergency Shelter Grant (ESG) Funds; HOME
Funds and Reprogramming of 2006/07 CDBG Funds. (See Attached)
Resolution of the Mayor and Common Council of the City of San Bernardino 1)
approving the 2007-2008 Community Development Block Grant (CDBG) and
Emergency Shelter Grant (ESG) appropriations and HOME categories; 2)
approving the 2007-2008 Consolidated Annual Action Plan; 3) approving an
Amendment to the 2006-2007 Consolidated Annual Action Plan and authorizing
unappropriated CDBG Funds in the amount of $114,000 for the Police
Activities League (PAL) Program and City Recreation Programs; and 4)
authorizing the Mayor to execute and submit to HUD, necessary documents and
take all necessary actions for the execution of any contracts. (Resolution not
available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
39. 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.)
15 04/16/2007
40. 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, May 7, 2007, in the Council Chambers of City Hall,
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
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 04/16/2007