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HomeMy WebLinkAbout10-15-2007 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 lllo Rikke Van Johnson sM Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, OCTOBER 15, 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 10/15/2007 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): Michael Desrochers, Steve Lowes v. City of San Bernardino, et al - United States District Court Case No. EDCV 06-1408 VAP (JCRx); People of the State of California, acting by and through the Department of Transportation, et al. v. Brian C. Crane, et al. - San Bernardino Superior Court Case No. CIVSS 703144; Kimberly J. Smith v. Omnitrans, et al. - San Bernardino Superior Court Case No. SCVSS 139188; Danuta Tuszynska v. City of San Bernardino, et al - San Bernardino Superior Court Case No. CIVSS 705138. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. (Item Continued on Next Page) 2 10/15/2007 1. Continued. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: General Unit Mid-Management Unit San Bernardino Confidential Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 3 10/15/2007 RECONVENE MEETING - 3:00 P.M. PRESENT: ABSENT: 2. Appointments. A. Steven Campbell - Board of Building Commissioners - Council Member Baxter. (See Attached) B. Jane Sneddon - Alternate - Bicentennial Ad Hoc Committee - Mayor Morris. (See Attached) C. Art Guerrero - Bicentennial Ad Hoc Committee - Council Member Estrada. (See Attached) D. Jazmyne Bell - Youth Advisory Commission - Council Member Brinker. (Document not available at time of printing.) E. Jessica Hurst - Board of Library Trustees - Mayor Morris. (See Attached) MOTION: That the appointments of Steven Campbell, Jane Sneddon, Art Guerrero, Jazmyne Bell, and Jessica Hurst, as requested by Council Member Baxter, Mayor Morris, and Council Members Estrada, and Brinker, 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. 4 10/15/2007 CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 21 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: August 20, 2007 (Distributed on 10/4/07) September 4, 2007 (Distributed on 10/4/07) 7. Claims and Payroll. MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 2, 2007, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. MOTION: That the personnel actions, as submitted by the Chief Examiner, dated October 11, 2007 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. City Manager 9. Set luncheon workshop for 12:00 p.m. on December 3, 2007 to discuss legislative issues with Senator Robert Dutton. (See Attached) MOTION: That a luncheon workshop be set for December 3, 2007, at 12:00 p.m. in the Economic Development Agency Boardroom to discuss legislative issues with Senator Robert Dutton. 5 10/15/2007 Development Services LAID OVER FROM OCTOBER 1, 2007 10. An Ordinance of the City of San Bernardino amending Chapter 19.08 (Industrial Districts), Section 19.08.020, Table 08.01 (34) of the San Bernardino Municipal Code (Development Code) related to social service centers. FINAL READING (Backup material was distributed on October 1, 2007, Item No. 34.) MOTION: That said ordinance be adopted. 11. 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.3) to Community Facilities District No. 1033, and adopting an annexation map showing the territory of Annexation No. 3. (See Attached) (Cost to City - $5,900 from Community Facilities District 1033 Fund.) (Resolution not available at time of printing.) Ward 6 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. 3 to include APN 0266-041-52 & 53 (DP II No. 04-21) and APN 0266-041-80 (DP II No. 04-38); and that said resolution be adopted. 12. Resolution of the City of San Bernardino authorizing and directing the execution of a grant of easement to Southern California Edison across City water department property located on the south side of Industrial Road, east of Waterman Avenue (APN 0141-342-04). (See Attached) (No Cost to City.) Ward 3 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino approving the final map for Parcel Map No. 17235, located on the southeast corner of Tippecanoe Avenue and Harry Sheppard Boulevard in the OIP, Office Industrial Park land use district, and accepting the public dedications as set forth on said map. (See Attached) (No Cost to City.) Ward 1 MOTION: That said resolution be adopted. 6 10/15/2007 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Repipe - California, Inc. for sewer line rehabilitation by cured-in-place (CIPP) method, two locations in Sierra Way and one location in Northpark Boulevard (SW-E, SW07-04, SW 07-05), per Project Plan No. 12148. (See Attached) (Cost to City --$275,500 from Sewer Maintenance Fund.) Wards 4 & 7 MOTION: That said resolution be adopted. Information Technology 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of 17 Motorola XTS 2500 portable radios from Motorola, Inc. (See Attached) (Cost to City $52,995.05 from General Fund.) All Wards MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order to Government Outreach for the subscription to the citizen relationship management software service. (See Attached) (Cost to City -- $19,000 from Information Technology.) All Wards MOTION: That said resolution be adopted. Parks, Recreation & Community Services 17. Resolution of the Mayor and Common Council authorizing the City Manager to execute the Third Amendment to Palm Field Agreement relating to use of Palm Field for recreational purposes, and ratifying any action taken between February 1, 2007, and the date that this resolution is adopted. (See Attached) (Cost to City --$1.00/year from General Fund.) Ward 1 MOTION: That said resolution be adopted. 7 10/15/2007 18. Resolution of the Mayor and Common Council authorizing the City Manager to execute a lease agreement between the City of San Bernardino and the Authority for the Handicapped of San Bernardino County for the lease of property known as 8088 Palm Lane of behalf of the City of San Bernardino Parks and Recreation Department. (See Attached) (Cost to City -- $41,000 from General Fund.) Ward 1 MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a vendor service agreement and the issuance of a purchase order to Service Scape for the landscape maintenance of Assessment District No. 1042 - Shandin Hills Drive and Shady Creek Drive; and ratifying any action taken between October 1, 2007, and the date that this resolution is adopted. (See Attached) (Cost to City --$15,295 from Landscape District Fund.) Ward 5 MOTION: That said resolution be adopted. Public Services 20. A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $150,299.72 to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010-133 of the Municipal Code, for three (3) 2008 Chevrolet 250OHD extended-cab chassis and one (1) 2008 250OHD STD-CAB chassis to be utilized by the Animal Control and Police Departments. (See Attached) (Cost to City --$150,299.72 from Fleet Services Fund.) All Wards MOTION: That said resolution be adopted. 21. 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 $36,550.00 with two (2) one-year extensions at the City's option between the City of San Bernardino and Smithson Electric, Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for loop replacement services, labor, and materials utilized by the Public Services Department, Streets Division. (See Attached) (Cost to City -- $36,550 from 07-08 CIP various funds.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 8 10/15/2007 PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M Development Services 22. Public hearing for adoption of Master Facilities Plan Regional Circulation System update to adjust the Regional Traffic Systems Fee and amendment to Resolution No. 2006-97. (See Attached) (No cost to City.) All Wards Mayor to open the hearing . . . MOTION: That the matter be continued to November 5, 2007. CONTINUED FROM OCTOBER 1, 2007 TO BE HEARD AT 4:00 P.M. 23. Public hearing - Resolution authorizing the execution of an Agreement and Resolution Ordering Work relative to proposed Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District No. 1057 (Parcel Map No. 17375). (Backup material was distributed on August 20, 2007, Item No. 45; continued to September 17, 2007, Item No. 32; continued to October 1, 2007, Item No. 24.) Ward 6 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the execution of a Landscape Maintenance Services Agreement relative to the proposed Assessment District No. 1057 (Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District). (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Cajon Boulevard and University Parkway area, approving the final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1057, ordering the work, confirming the 2008- 2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) The hearing remains open . . . MOTION: That the matter be continued to November 19, 2007. 9 10/15/2007 CONTINUED FROM OCTOBER 1, 2007 TO BE HEARD AT 4:00 P.M. 24. Public hearing - resolution authorizing the execution of an agreement and resolution ordering work relative to the proposed Central Avenue and Lena Road Area Landscape Maintenance Assessment District No. 1063 - Parcel Map No. 17721. (Backup material was distributed on October 1, 2007, Item No. 25•) Ward 1 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the execution of a Landscape Maintenance Services Agreement relative to the proposed Assessment District No. 1063 (Central Avenue and Lena Road Area Landscape Maintenance Assessment District). (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Central Avenue and Lena Road Area, approving the final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1063, ordering the work, confirming the 2008-2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) The hearing remains open . . . MOTION: That the hearing be closed; and that said resolutions A & B, be adopted. (415`h vote required) END OF PUBLIC HEARINGS 10 10/15/2007 CONTINUED ITEMS CONTINUED FROM OCTOBER 1, 2007 Finance 25. Resolution of the City of San Bernardino authorizing the execution of an agreement with MuniServices, LLC to provide analysis and audit services for the City of San Bernardino's Transactions and Use Tax collected by the State Board of Equalization. (Backup material was distributed on October 1, 2007, Item No. 16.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Attorney 26. "UUT Ballot Measure". (Document not available at time of printing.) END OF STAFF REPORTS 27. 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.) 28. 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 5, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 11 10/15/2007 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. 12 10/15/2007