CONSOLIDATED AGENDA FOR THE

SAN BERNARDINO COUNTY BOARD OF SUPERVISORS MEETING

 

 Tuesday, December 6, 2011

 

 

 

JOSIE GONZALES

CHAIR

Fifth District Supervisor

BRAD MITZELFELT

VICE-CHAIRMAN

First District Supervisor

 

 

JANICE RUTHERFORD

Second District Supervisor

GARY C. OVITT

Fourth District Supervisor

NEIL DERRY

Third District Supervisor

 

 

 

Chief Executive Officer

Gregory C. Devereaux

County Counsel

Jean-Rene Basle

Clerk of the Board

Laura H. Welch

 

 

This is a consolidated agenda for the scheduled meeting of the San Bernardino County Board of Supervisors, also sitting as the Governing Board of the following: Redevelopment Agency of the County of San Bernardino; County Industrial Development Authority; Economic and Community Development Corporation; In-Home Supportive Services Public Authority; Inland Counties Emergency Medical Agency; County Flood Control District; Board Governed County Service Areas; Inland Empire Public Facilities Corporation; San Bernardino County Financing Authority; San Bernardino County Fire Protection District; Big Bear Valley and Bloomington Recreation and Park Districts.

 

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting on the official Board of Supervisors Bulletin Board outside of the County Government Center, 385 North Arrowhead Avenue, San Bernardino, CA. The agenda, its supporting documents and all writings received by the Board related to these items are public records and available for review during regular business hours at the Clerk of the Board of Supervisors office on the 2nd floor of the County Government Center. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.sbcounty.gov/cob. However, the online agenda may not include all available supporting documents nor the most current version of documents.

 

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Board directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business on the Discussion Calendar (entitled “Action on Consent Calendar”). If the Board directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed under “Deferred Items,” the second item listed on the Discussion Calendar.

 

In accordance with the Rules Applicable to Board of Supervisors Meetings (County Code Section 12.0101), members of the public may address the Board on any item on the agenda and on any matter that is within the Board’s jurisdiction. To address the Board regarding an item that is on the agenda, complete and submit the yellow form entitled “Calendared Item-Request to Speak.” To address the Board regarding an item that is within their jurisdiction, but not on today’s agenda, complete and submit the white “Public Comment – Request to Speak” form. These requests must be submitted to the Clerk of the Board prior to the time the item is called for consideration. The Chairman will call speakers forward to present their comments at the appropriate time. When called, approach the podium and please state your name before giving your presentation. Speakers may address the Board for up to three (3) minutes total on the consent calendar, up to three (3) minutes on each discussion item, and up to three (3) minutes total on Public Comment, not to exceed a total of twelve (12) minutes for the meeting, unless it is determined that a different limit is appropriate. Speakers are to address the Board as a whole through the Chair. Comments to individual Supervisors and/or staff are not permitted.

 

Alternate location to address the Board - Any person interested in viewing or addressing the Board during a Board approved meeting (click here for list of scheduled meetings) by interactive video (the Board members may see as well as hear speakers) may do so at the County of San Bernardino Transitional Assistance Department building, located at 15010 Palmdale Road, Conference Room A/B, Victorville, CA 92392. Entrance to the conference room may be accessed through the outer door west of the main lobby entrance on the front of the building.  If any such person intends to submit documentation to the Board for its consideration prior to the meeting, such documentation shall be submitted to the Clerk of the Board of Supervisors, 385 North Arrowhead Avenue, 2nd Floor, San Bernardino, CA  92415-0130, no later than 5:00 p.m. the day before the scheduled meeting or hearing. Any documentation submitted at the Victorville site shall become part of the official record for the matter, but will not be disseminated to the Board prior to the Board’s action on such matter. NOTE: This alternate location is being offered as a courtesy for Board approved meetings (see above) and may be closed due to inclement weather or may not be available if technology fails.  If the site is closed due to inclement weather, a notice will be posted by 9:00 a.m. the day of the Board meeting.

 

PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS

 

Except where noted, all scheduled items will be heard in the Covington Chambers of the Board of Supervisors, County Government Center, 385 North Arrowhead Avenue, First Floor, San Bernardino, California.

 

9:00 A.M. - CONVENE MEETING OF THE BOARD OF SUPERVISORS - Magda Lawson Room, Fifth Floor, County Government Center

 

CLOSED SESSION

 

BOARD OF SUPERVISORS

Conference with Legal Counsel - Existing Litigation (Government Code section 54956.9(a)):

1.      Jonathan R., A Minor v. County of San Bernardino, et al., Case No. CIVDS 1102212

2.      Sushanna Khamis, et al. v. Anikah Hafeezah Salim, et al., Case No., CIVDS 1000709

3.      County of San Bernardino v. Texman Properties LTD, et al., Case No. CIVDS 1010593

4.      Lametrius Wallace, et al. v. County of San Bernardino, Case No. CIVSS 709330

5.      City of Colton v. American Promotional Events, Inc. – West, et al., Los Angeles County Superior Court, Case No. BC 376008

6.      City of Colton v. American Promotional Events, Inc., et al., United States District Court, Central District, Case No. EDCV 09-01864 PSG (SSx)

7.      City of Rialto, et al. v. United States Department of Defense, et al., United States District Court, Central District, Case No. CV 09-7501 PSG (SSx)

8.      Goodrich Corporation v. Chung Ming Wong, et al., United States District Court, Central District, Case No. CV 09-6630 PSG (SSx)

9.      Emhart Industries, Inc. v. American Promotional Events, Inc. – West, et al., United States District Court, Central District, Case No. CV 09-7508 PSG (SSx)

10.  County of San Bernardino, et al. v. Tung Chun Company, et al., United States District Court, Central District, Case No. CV 09-6632 PSG (SSx)

11.  United States of America v. Goodrich Corporation, et al., United States District Court, Central District, Case No. CV 10-824 PSG (SSx)

Conference with Labor Negotiator (Government Code section 54957.6):

12.  Agency designated representative:  Bob Windle

Employee organization:  Safety Employees Benefit Association - Specialized Peace Officer Unit & Specialized Peace Officer Supervisory Unit

 

PUBLIC SESSION

 

10:00 A.M. – RECONVENE MEETING OF THE BOARD OF SUPERVISORS – Covington Chambers, First Floor, County Government Center

 

Invocation and Pledge of Allegiance - First District

 

Presentation of the Agenda

 

Memorial Adjournments

·         Board of Supervisors

o        Lionel Ornelas, 63, of Colton

·         First District – Vice-Chairman Brad Mitzelfelt

·         Second District – Supervisor Janice Rutherford

·         Third District – Supervisor Neil Derry

o        Thomas Gregory Baird, 58, of Big Bear

o        Randy Charles Hollenbeck, 56, of Big Bear City

o        Billy Jr. Kingsley, 86, of Big Bear Lake

o        Burke LeSage, 76, of Joshua Tree

o        Eldon C. Lewis, Ph.D., CPA, 78, of Highland

o        Michael Luhrs, 65, of Joshua Tree

o        Alice Ann Mitchell, 58, of Joshua Tree

o        Rev. Arthur Frank Patscheck, 73, of Morongo Valley

o        Jamar Taylor, 36, of Barstow

o        Jerry A. Zimmerman, 78, of Yucca Valley

·         Fourth District – Supervisor Gary C. Ovitt

o        Paul H. Gonzales, 81, of Ontario

o        Eugene “Gene” Allen Roza, 78, of Ontario

·         Fifth District – Chair Josie Gonzales

o        Leonel W. Autote, Usaf Ret., 76, of Bloomington

o        Michael John Binnell, Sr., 71, of San Bernardino

o        Rose Mary Landry, 86, of Colton

o        Carl Metoyer, 90, of Fontana

o        Rodney A. Reynolds, 72, of San Bernardino

o        Glenn Weick, 84, of San Bernardino

 

Reports from County Counsel and Chief Executive Officer

 

Special Presentations, Resolutions and Proclamations

 

CONSENT CALENDAR

 

COUNTY DEPARTMENTS

 

Board of Supervisors

 

1)

Adoption of Resolutions and Proclamations:

Board of Supervisors

Adopt resolution recognizing the Honorable Margaret Powers upon her retirement from the Superior Court of San Bernardino after 22 years of valuable service.

 

Adopt resolution recognizing the 70th Anniversary of The Community Foundation.

 

Adopt resolution recognizing November 17, 2011, as the 100th Birthday of the City of Rialto’s incorporation.

 

First District

Adopt resolution recognizing Ken Anderson for his service on the Phelan Pinon Hills Community Service District Board over the past four years.

 

2)

Appointments, reappointments and vacancies to Boards, Commissions and Committees:

 

a.

Approve the reappointment of Jane Adams to the Workforce Investment Board, At-Large.

 

b.

Approve the reappointment of Luis R. Blanco to the Equal Opportunity Commission, Fifth District.

 

c.

Approve the appointment of Richard D. Catalano to the Emergency Medical Care Committee (Seat 14), At-Large.

 

d.

No Item

 

e.

Approve the reappointment of Bill J. Moseley to the Workforce Investment Board, At-Large.

 

f.

Approve the reappointment of William C. Sterling to the Workforce Investment Board, Fourth District.

 

g.

Declare and post vacancy per Maddy Act for Bradley S. Gates of the Workforce Investment Board, At-Large.

 

3)

Approve an employment contract between the County of San Bernardino and Carissa Cambare as an Intern Staff Assistant for the Fifth District Supervisor from December 3, 2011 to June 15, 2012 for a total estimated contract cost of $8,643 (Salary - $8,271, Benefits - $372).
(Affected Districts: Fifth)
(Presenter: Supervisor Josie Gonzales, Fifth District, 387-4565)

 

Aging and Adult Services

 

4)

1.      Approve standard template agreement to administer Medi-Cal Administrative Activities claims for school districts located within the County.

2.      Authorize the Assistant Executive Officer for Human Services or her designee to execute Medi-Cal Administrative Activities standard template agreements on behalf of the County.

(Affected Districts: All)
(Presenter: Colleen Krygier, Director, 891-3917)

 

5)

1.      Accept a grant award from the Morongo Basin Transit Authority in the amount of $10,000 to offer the Transportation Reimbursement Escort Program in the incorporated communities of Twentynine Palms and Yucca Valley for the period of December 12, 2011 through June 30, 2012.

2.      Authorize the Director of the Department of Aging and Adult Services to sign and submit the grant award documents on behalf of the County.

3.      Authorize the Auditor/Controller/Treasurer/Tax Collector to increase appropriation and revenue in the Department of Aging and Adult Services’ 2011-12 budget (AAF-OOA) in the amount of $10,000 (four votes required).

(Affected Districts: Third)
(Presenter: Colleen Krygier, Director, 891-3917)

 

Agriculture/Weights and Measures

 

6)

Approve County Agreement with the California Department of Food and Agriculture (State Agreement 11-0417-SF) for the Agricultural Commissioner/Sealer to continue a program to detect the Light Brown Apple Moth from October 1, 2011, through December 31, 2011, for compensation in an amount not to exceed $6,268.
(Affected Districts: All)
(Presenter: John G. Gardner, Agricultural Commissioner/Sealer, 387-2115)

 

Airports

 

7)

Accept the Draft Chino Airport Master Plan and authorize the Department of Airports to submit the Chino Airport Master Plan to the Federal Aviation Administration for approval of the Aviation Forecasts and Airport Layout Plan.
(Affected Districts: Fourth)
(Presenter: Mike N. Williams, Director, 387-8810)

 

8)

Approve Contract Amendment No. 1 to increase Contract No. 09-963 with Coffman Associates, Inc. by $90,960 for a new total of $ 553,351 to prepare additional environmental documentation for the Chino Airport Master Plan Update.
(Affected Districts: Fourth)
(Presenter: Mike N. Williams, Director, 387-8810)

 

Arrowhead Regional Medical Center

 

9)

Approve consultant agreement with DNH Medical Management, Inc. dba The Camden Group for consulting services in the amount not to exceed $115,000 for the period of December 6, 2011 through December 5, 2012.
(Affected Districts: All)
(Presenter: Patrick Petre, Director, 580-6150)

 

10)

1.      Approve a Memorandum of Understanding with the Inland Counties Emergency Medical Agency for the designation as a Neurovascular Stroke Receiving Center with an annual fee of $19,045 for the period of December 1, 2011 through June 30, 2013.

2.      Authorize the Director of Arrowhead Regional Medical Center to exercise the option to extend the Memorandum of Understanding for one additional three-year period if found to be in the best interest of the County.

(Affected Districts: All)
(Presenter: Patrick Petre, Director, 580-6150)

 

11)

1.      Approve amended Arrowhead Regional Medical Center Medical Staff Rules and Regulations, effective December 6, 2011.

2.      Approve amended Arrowhead Regional Medical Center Medical Staff Committee Manual, effective December 6, 2011.

(Affected Districts: All)
(Presenter: Patrick Petre, Director, 580-6150)

 

Behavioral Health

 

12)

1.      Authorize collaboration with Meta Housing Corporation and Western Community Housing, Inc. to prepare and submit a Mental Health Services Act Housing Program funding application to the California Department of Mental Health and the California Housing Finance Agency for the Lugo Senior Apartments project in the amount of $2,249,720.

2.      Authorize the Director of the Department of Behavioral Health to sign Mental Health Services Act Housing Program funding application commitment forms for the Lugo Senior Apartments project on behalf of the County.

(Affected Districts: Fifth)
(Presenter: CaSonya Thomas, Assistant Director, 382-3133)

 

Clerk of the Board

 

13)

Refer to County Counsel for investigation and report the following claims for refund of tax payment:

1.      Viraf Bodhanwala (3)

2.      Roger Bardakjian

(Affected Districts: Fourth)
(Presenter: Laura H. Welch, Clerk of the Board of Supervisors, 387-3848)

 

14)

Accept the recommendations of various departments and approve a hotel/motel business license for Amrutbhai Patel and Purushottam Patel (partnership) dba Skandia Sky Motel (Community: Ontario).
(Affected District: Fourth)
(Presenter: Laura H. Welch, Clerk of the Board of Supervisors, 387-3848)

 

Community Development and Housing

 

15)

1.      Approve the acquisition of real property located at 17970 and 18028 Valley Boulevard (APN 0252-051-69 and 70) (the “Property”) totaling approximately 8.75 acres of vacant land in Bloomington for the total consideration of $2,280,000 plus appropriate escrow and closing costs.

2.      Authorize the Economic Development Agency (EDA) Administrator, or EDA Assistant Administrator or Redevelopment and Housing Director, upon consultation with County Counsel, to: a) make changes in or modifications to the attached Purchase and Sale Agreements with Escrow Instructions to reflect any necessary minor changes in the transactions; and b) execute the final Purchase and Sale Agreements with Escrow instructions and any other documents necessary to complete these transactions; and,

3.      Find the acquisition is exempt from California Environmental Quality Act (CEQA) under 14 California Code of Regulations Section 15061 (b)(3) and direct Clerk of the Board to file a Notice of Exemption.

(Affected Districts: Fifth)
(Presenter: Dena Fuentes, Director, 387-4411)

 

County Administrative Office

 

16)

Adopt resolution determining the property tax revenue amount to be transferred as a result of the pending reorganization related to LAFCO No. 3169 Reorganization to include annexation to the Town of Apple Valley and Detachment from County Service Area 70 (Annexation No. 2008-001).
(Affected Districts: First)
(Presenter: Valerie Clay, Deputy Executive Officer, 387-5423)

 

17)

1.      Approve a $7.75 million increase to the High Desert Public Safety Operations Center capital improvement project, increasing the project budget from $9.0 million to $16.75 million.

2.      Approve Agreement with the City of Hesperia for the Program Management and Construction of the High Desert Public Safety Operations Center for a Guaranteed Maximum Price not to exceed $10.65 million.

3.      Authorize the Chief Executive Officer or designee to adjust the timing and amount of the working capital advances to be consistent with project progress based on eligible incurred costs.

4.      Authorize the Auditor-Controller/Treasurer/Tax Collector to adjust appropriation and revenue as detailed in the Financial Impact section (Four votes required).

(Affected Districts: All)
(Presenter: Gregory C. Devereaux, Chief Executive Officer, 387-5418)

 

18)

Authorize the Auditor-Controller/Treasurer/Tax Collector to adjust appropriation and revenue as detailed in the attached Mid-Year Budget Adjustment Report with Federal Funds (Four votes required).
(Affected Districts: All)
(Presenter: Gregory C. Devereaux, Chief Executive Officer, 387-5417)

 

County Counsel

 

19)

Deny claims for refund of tax payments upon recommendation of the Assessor/Recorder/County Clerk for claimants listed in Attachment A.
(Affected District: All)
(Presenter: Jean-Rene Basle, County Counsel, 387-5477)

 

District Attorney

 

20)

1.      Approve the District Attorney’s Fiscal Year 2011-12 expenditure plan for the Citizens’ Option for Public Safety (COPS) program in the amount of $661,905.

2.      Authorize the Auditor-Controller/Treasurer/Tax Collector to adjust appropriation and revenue as detailed in the Financial Impact section (Four votes required).

(Affected Districts: All)
(Presenter: Michael Fermin, Assistant District Attorney, 382-3662)

 

Facilities Management

 

21)

1.      Approve a three-year contract in an amount not to exceed $270,072 with General Building Management Co. to provide custodial services to one County-owned building (designated as Lot #1) located in Apple Valley for the period of December 1, 2011 through November 30, 2014.

2.      Approve a three-year contract in an amount not to exceed $214,308 with General Building Management Co. to provide custodial services to five County-owned buildings (designated as Lot #2) located in Barstow for the period of December 1, 2011 through November 30, 2014.

3.      Approve a three-year contract in an amount not to exceed $26,640 with Trueblue Commercial Cleaning Services, Inc. to provide custodial services to one County-owned building (designated as Lot #3) located in Hesperia for the period of December 1, 2011 through November 30, 2014.

4.      Approve a three-year contract in an amount not to exceed $267,048 with Williams and Associates Plus One to provide custodial services to three County-owned buildings (designated as Lot #4) located in Morongo for the period of December 1, 2011 through November 30, 2014.

5.      Approve a three-year contract in an amount not to exceed $242,388 with General Building Management Co. to provide custodial services to two County-owned buildings (designated as Lot #5) located in Rancho Cucamonga for the period of December 1, 2011 through November 30, 2014.

6.      Approve a three-year contract in an amount not to exceed $195,552 with General Building Management Co. to provide custodial services to three County-owned buildings (designated as Lot #6) located in Redlands for the period of December 1, 2011 through November 30, 2014.

7.      Approve a three-year contract in an amount not to exceed $107,280 with Trueblue Commercial Cleaning Services, Inc. to provide custodial services to one County-owned building (designated as Lot #7) located in San Bernardino for the period of December 1, 2011 through November 30, 2014.

8.      Approve a three-year contract in an amount not to exceed $98,400 with Moran Janitorial Service to provide custodial services to three County-owned buildings (designated as Lot #8) located in San Bernardino for the period of December 1, 2011 through November 30, 2014.

9.      Approve a three-year contract in an amount not to exceed $136,584 with General Building Management Co. to provide custodial services to two County-owned buildings (designated as Lot #9) located in San Bernardino for the period of December 1, 2011 through November 30, 2014.

(Affected Districts: First, Second, Third and Fifth)
(Presenter: David H. Slaughter, Director, 387-5252)

 

Land Use Services

 

22)

Vacate and set aside the following actions:

1.      Certification of the Re-circulated Environmental Impact Report;

2.      Adoption of a Statement of Overriding Considerations;

3.      Adoption of Findings for Approval;

4.      Adoption of the Mitigation Monitoring and Compliance Program;

5.      The Granting of an appeal of a Planning Commission Action on August 4, 2005 to deny the Royal Rangers Adventure Camp Conditional Use Permit, with the maximum camp occupancy to be reduced to a maximum of 350 people at any time on the Project site of 50.31 acres; and

6.      Approval of a Conditional Use Permit to establish an organizational camp and conference center with related facilities for a maximum of 350 people on 50.31 acres.

(Affected Districts: Second)
(Presenter: Christine Kelly, Director, 387-4431)

 

Probation

 

23)

Approve travel request for Joyce Frevert of the Juvenile Justice Delinquency Prevention Commission to attend the Chief Probation Officers of California (CPOC) Annual Awards Luncheon held at Monterey, California on December 8, 2011, in the amount of $561.
(Affected Districts: All)
(Presenter: D. Scott Frymire, Deputy Chief Probation Administrator, 387-5580)

 

24)

Accept grant award from the State of California Office of Traffic Safety in the amount of $470,000 to continue the High Risk Drunk Driving Supervision Program for the period of October 1, 2011 through September 30, 2012.
(Affected Districts: All)
(Presenter: Cyndi Fuzie, Assistant Chief Probation Officer, 387-5687)

 

Public Works-Solid Waste Management

 

25)

Award a contract to Hill International, Inc., in the amount of $223,158 to provide construction management services for the Full Half Width Improvements of Alder Avenue and Casmalia Street adjacent to the Mid-valley Sanitary Landfill (MVSL) in the City of Rialto.
(Affected Districts: Fifth)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

Public Works-Transportation

 

26)

Accept the Report on the Regional Transportation Development Mitigation Plan Financing Funds for Fiscal Year 2010/2011.
(Affected Districts: All)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

27)

Accept the Report on the Local Area Transportation Facilities Plans Financing Funds for Fiscal Year 2010/2011.
(Affected Districts: First, Second, Third)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

28)

1.      Find that the project on Twenty-Fourth Street, in the San Antonio Heights area, is exempt under the California Environmental Quality Act, Class 3, Section 15303(d) (construction of new facilities, including street improvements).

2.      Approve the project as defined in the Notice of Exemption and direct the Clerk of the Board to post the Notice of Exemption.

(Affected Districts: Second)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

29)

Adopt resolution to prohibit commercial vehicles over five tons (10,000 pounds) on Sequoia Avenue, from Hemlock Avenue east to Beech Avenue in the Fontana area, with the exception of vehicles used for local deliveries, school buses, utility trucks, and vehicles used for collection of garbage, and to direct the Director of the Department of Public Works, acting as the County Road Commissioner, to perform such acts as are necessary to prohibit commercial vehicles over five tons pursuant to County Code Section 52.0131.
(Affected Districts: Second)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

30)

Adopt resolution to establish a 15 miles per hour (M.P.H.) speed zone on Hemlock Drive, from State Highway 173 north to Cedar Drive, in the Lake Arrowhead area, and direct the Director of the Department of Public Works, acting as the County Road Commissioner, to perform such acts as are necessary to establish a 15 M.P.H. speed zone pursuant to California Vehicle Code section 22358.3.
(Affected Districts: Second)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

31)

Approve agreement with the City of Rancho Cucamonga and the City of Ontario for the sharing in maintenance and operational costs of the traffic signal and lighting at the intersection of Etiwanda Avenue and San Bernardino Avenue from December 6, 2011 through June 30, 2031.
(Affected Districts: Second, Fourth)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

32)

Approve Amendment No. 5 to Agreement No. 82-840 with the City of Ontario regarding the maintenance and operational costs of traffic signals and lighting at shared jurisdictional locations, which updates the list of shared intersections and facilities, adds a termination date (June 30, 2031), and updates the indemnification and insurance provisions.
(Affected Districts: Second, Fourth)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

33)

Approve Amendment No. 3 to Agreement No. 82-841 with the City of Rancho Cucamonga regarding the maintenance and operational costs of traffic signals and lighting at shared jurisdictional locations, which updates the list of shared intersections and facilities, adds a termination date (June 30, 2020), and updates the indemnification and insurance provisions.
(Affected Districts: Second)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

34)

1.      Approve Amendment No. 1 to Cooperative Agreement No. 11-255 between the County of San Bernardino (County) and the City of Fontana (City), increasing the contract amount by $54,767 (from $3,036,629 to $3,091,396) for the traffic signal project at the intersection of Valley Boulevard and Banana Avenue (Project 1), and a pavement rehabilitation project along Valley Boulevard (Project 2), in the Fontana area.

2.      Authorize the Director of Public Works to increase the Cooperative Agreement contract amount by up to 25 percent (from a total contract amount of $3,091,396 to $3,864,245), should final Project costs dictate such an increase.

(Affected Districts: Second)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

35)

1.      Approve the plans and specifications for the bridge replacement project on South Fork Road (Phase II) in the Lytle Creek area.

2.      Authorize the Director of Public Works to advertise for bids.

(Affected Districts: Second)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

Real Estate Services

 

36)

1.      Reject all proposals received in response to the Request for Proposal approved on June 28 2011 for 22,100 square feet of office space for the Department of Behavioral Health in the Upland area.

2.      Authorize the Real Estate Services Department to issue a solicitation of proposals as an alternate procedure in lieu of a formal request for proposal as allowed per County Policy 08-02-01 for the lease of a 22,100 square foot building for office space in the Upland area for a term (including options) equal to or less than twenty years.

(Affected Districts: Second and Fourth)
(Presenter: David H. Slaughter, Director, 387-5252)

 

37)

Approve Amendment No. 1 to Lease Agreement No. 10-18 with Victor Valley Community College District to increase the County-exclusive classroom and office space, from 6,571 square feet to 6,864 square feet, and to decrease the County and Victor Valley Community College District-shared office, restroom and other work area space from 1,987 square feet to 1,694 square feet and maintain the County-exclusive 23,246 square feet of playground area in Victorville for the Preschool Services Department at no cost.
(Affected Districts: First)
(Presenter: David H. Slaughter, Director 387-5252)

 

38)

Approve Amendment No. 4 to Lease Agreement No. 95-396 with RVF Properties, LLC to extend the term through September 30, 2013 for 4,200 square feet of office space in Barstow for the Department of Behavioral Health in the amount of $161,784.
(Affected Districts: Third)
(Presenter: David H. Slaughter, Director, 387-5252)

 

39)

Approve Amendment No. 2 to License Agreement No. 09-714 with Los Angeles SMSA Limited Partnership to extend the term from August 1, 2014 through July 31, 2019, add four antennas and increase the rent for 1,000 square feet of land and antenna space on the County-owned tower located on Donnel Hill in Twentynine Palms for total revenue in the amount of $318,857.
(Affected Districts: Third)
(Presenter: David H. Slaughter, Director, 387-5252)

 

40)

Authorize the Director of Real Estate Services Department to deliver to Arther Medical Corporation a notice of termination prior to the scheduled termination date as provided for in Lease Agreement No. 03-958 for 2,900 square feet of office space in Rialto for the Department of Public Health effective March 5, 2012.
(Affected Districts: Fifth)
(Presenter: David H. Slaughter, Director, 387-5252)

 

Regional Parks

 

41)

Approve Amendment No. 1 to County Contract No. 99-643 with Prado Family Shooting Center to continue operation of the Prado Family Shooting Center concession at Prado Regional Park, update insurance and indemnification provisions, provide for termination of the contract for convenience by either party, and extend the contract term through July 12, 2014.
(Affected Districts: Fourth)
(Presenter: Keith Lee, Director, 387-2340)

 

Risk Management

 

42)

1.      Approve Contract with Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. for Broker of Record services to assigned County’s insurance programs, at a total cost not to exceed $434,000 for the period of December 11, 2011 through December 10, 2014.

2.      Approve Contract with James + Gable Insurance Brokers, Inc. for Broker of Record services to the County’s medical malpractice insurance program, at a total cost not to exceed $510,000 for the period of December 11, 2011 through December 10, 2014.

3.      Approve Contract with Willis Insurance Services of California, Inc. for Broker of Record services for assigned County’s insurance programs, at a total cost not to exceed $1,686,000 for the period of December 11, 2011 through December 10, 2014.

(Affected Districts: All)
(Presenter: Steven T. Robles, Director, 386-8620)

 

Sheriff/Coroner/Public Administrator

 

43)

1.      Accept award in the amount of $1,163,971 from the U.S. Department of Justice, State Criminal Alien Assistance Program (SCAAP) for reimbursement of a portion of the costs to incarcerate undocumented criminal aliens in county detention facilities between July 1, 2009 and June 30, 2010.

2.      Authorize Sheriff/Coroner/Public Administrator to electronically accept the “Fiscal Year 2011 Payment Acceptance and Electronic Transfer of Funds” in the amount of $1,163,971 on behalf of the County.

(Affected Districts: All)
(Presenter: Greg Garland, Captain, 387-0640)

 

44)

Approve the Fiscal Year 2011-12 Citizens’ Option for Public Safety (COPS) expenditure plan for the Sheriff’s Department in the amount of $1,308,815.
(Affected Districts: All)
(Presenter: Greg Garland, Captain, 387-0640)

 

45)

1.      Terminate Contract No. 11-168 with the Superior Court of San Bernardino County for the Sheriff’s Department to provide court security services.

2.      Approve a three-year contract with the Superior Court of San Bernardino County for the Sheriff’s Department to provide court security services from July 1, 2011 through June 30, 2014, with the first year’s costs estimated at $25,857,494.

(Affected Districts: All)
(Presenter: Greg Garland, Captain, 387-0640)

 

46)

Approve donation of one 2011 Ford Edge (VIN# 2FMDK3GC3CBA8556), valued at $27,180, and one 2011 Honda Accord (VIN# 1HGCP3F74CA004955), valued at $28,776, from the City of Rancho Cucamonga.
(Affected Districts: Second)
(Presenter: Greg Garland, Captain, 387-0640)

 

47)

1.      Approve donation of one 2009 Yamaha Rhino (VIN# 15Y4AM21Y69A003721), valued at $12,602, and one 2011 Haulmark cargo trailer (VIN# 16HGB2029CA041318), valued at $6,092, from the City of Loma Linda

2.      Approve donation of one 2009 Yamaha Rhino (VIN# 5Y4AM21YX9A004063), valued at $12,602, from the City of Grand Terrace.

(Affected Districts: Third)
(Presenter: Greg Garland, Captain, 387-0640)

 

48)

Approve Amendment No. 1 to Contract No. 10-573 with Department of Consumer Affairs, Medical Board of California to revise the contract’s fee schedule for use of the Sheriff’s weapons firing range and Live Fire House through June 30, 2013.
(Affected Districts: All)
(Presenter: Greg Garland, Captain, 387-0640)

 

49)

Approve contract with University Enterprises Corporation at California State University, San Bernardino (UEC) to provide a parental education program at the Sheriff’s detention facilities for the term of July 1, 2011 through June 30, 2014 in an amount not to exceed $35,280 per year.
(Affected Districts: All)
(Presenter: Greg Garland, Captain, 387-0640)

 

50)

Approve Amendment No. 2 to Employment Contract No. 11-241 with Hursey Fortenberry as Print Shop Supervisor for the Sheriff’s Department to include annual and administrative leave provisions effective December 18, 2011 with no change in the annual compensation amount.
(Affected Districts: All)
(Presenter: Greg Garland, Captain, 387-0640)

 

51)

Approve contract with U.S. Department of the Army, Fort Irwin to receive compensation in the amount of $6,485 for providing access to the California Law Enforcement Telecommunications System, Central Name Index and Sheriff’s criminal databases (Sheriff’s Automated Systems) and maintaining two breath alcohol analysis instruments from October 1, 2011 through September 30, 2012.
(Affected Districts: First)
(Presenter: Greg Garland, Captain, 387-0640)

 

Special Districts

 

52)

1.      Adopt the Notice of Determination and Mitigated Negative Declaration for the construction of a small water treatment facility and associated evaporation ponds at the Calico Ghost Town Regional Park.

2.      Direct the Clerk of the Board to file the Notice of Determination.

(Affected Districts: First)
(Presenter: Jeffrey O. Rigney, Director, 387-5967)

 

SEPARATED ENTITIES

 

Board Governed County Service Areas

 

53)

Acting as the governing body of the County Service Area 60 (CSA 60 – Apple Valley Airport) accept the Draft Apple Valley Airport Master Plan and authorize the Department of Airports to submit the Apple Valley Airport Master Plan to the Federal Aviation Administration for approval of the Aviation Forecasts and Airport Layout Plan.
(Affected Districts: First)
(Presenter: Mike N. Williams, Director, 387-8810)

 

54)

Acting as the governing body of County Service Area 60 (CSA 60 - Apple Valley Airport): Approve Amendment No. 1 to Contract No. 11-83 with C&S Engineers, Inc. to provide airport engineering services, in the amount of $121,770 for an Airport Master Drainage Study, increasing the annual not-to-exceed amount from $250,000 to $400,000 and increasing the total contract amount from $750,000 to $871,770.
(Affected Districts: First)
(Presenter: Mike N. Williams, Director, 387-8810)

 

County Flood Control District

 

55)

Acting as the governing body of the County Flood Control District, approve a thirty-year access agreement with Bruno Mancinelli and Vincenza Mancinelli for vehicular access over the County Flood Control District San Sevaine Channel, and land located immediately west of the San Sevaine Channel, north of Victoria Street and south of Smokestone Street in Rancho Cucamonga for a period of thirty years in the amount of $168,990.
(Affected Districts: Second)
(Presenter: David H. Slaughter, Director, 387-5252)

 

56)

Acting as the governing body of the County Flood Control District:

1.      Approve grant application for the California Natural Resources Agency, California River Parkways Grant Program funding in the amount of up to $1.5 million for improvements to the San Bernardino County Flood Control District’s Desert Knolls Wash located in the Town of Apple Valley.

2.      Adopt resolution that authorizes filing the application and authorizes the Flood Control Engineer, or designee, to act as agent.

(Affected Districts: First)
(Presenter: Granville M. Bowman, Flood Control Engineer, 387-7906)

 

San Bernardino County Fire Protection District

 

57)

Acting as the governing body of the San Bernardino County Fire Protection District (County Fire):

1.      Approve grant award Agreement No. G10-UPA-77 with the California Environmental Protection Agency in the amount of $267,422 for the Electronic Reporting grant from July 1, 2011 through March 31, 2013.

2.      Authorize Mark A. Hartwig, Fire Chief, or his designee, to sign and submit the grant award agreement to the California Environmental Protection Agency and all other necessary documents relating to the Electronic Reporting grant.

3.      Authorize County Fire to hire two (2) Public Service Employees at a rate of $16.35 per hour each for the purpose of supplying business assistance as set forth in Exhibit D, page 4 in the grant agreement.

4.      Approve the budget adjustments and authorize the Auditor-Controller/Treasurer/Tax Collector to adjust appropriation and revenue as detailed in the Financial Impact section (Four votes required).

(Affected Districts: All)
(Presenter: Peter Brierty, Assistant Chief/Fire Marshal, 936-5533)

 

MULTIJURISDICTIONAL ITEMS

 

Multijurisdictional Item with the following entities: County of San Bernardino and Board Governed County Service Areas

 

58)

1.      Acting as the governing body of the County of San Bernardino, approve Amendment No. 1 to Agreement No. 09-348 amending the funding agreement between the County of San Bernardino (County) and County of San Bernardino Special Districts Department – County Service Area 70 S-3 (CSA 70) by increasing the contract amount by $63,796 (from $35,000 to $98,796) and revising the term of payment reimbursement associated with the sewer line relocation project along South Fork Road, in the Lytle Creek area.

2.      Acting as the governing body of County Service Area 70 S-3, approve Amendment No. 1 to Agreement No. 09-348 amending the funding agreement between the County of San Bernardino (County) and County of San Bernardino Special Districts Department – County Service Area 70 S-3 (CSA 70) by increasing the contract amount by $63,796 (from $35,000 to $98,796) and revising the term of payment reimbursement associated with the sewer line relocation project along South Fork Road, in the Lytle Creek area.

(Affected Districts: Second)
(Presenter: Granville M. Bowman, Director, 387-7906)

 

Multijurisdictional Item with the following entities: County of San Bernardino and Board Governed County Service Areas

 

59)

1.      Acting as the governing body of the County of San Bernardino approve an $11,800 allocation from the Third Supervisorial District’s 2011-12 Priority Policy Needs Budget to contract with County Service Area 70 R-5 for the berm (snow pile) removal program in the Sugarloaf area of Big Bear Valley.

2.      Acting as the governing body of the County of San Bernardino approve agreement between the County of San Bernardino and Special Districts Department-CSA 70 R-5 in the amount of $11,800 from December 6, 2011, through December 6, 2012, for the berm (snow pile) removal program in the Sugarloaf area of Big Bear Valley.

3.      Acting as the governing body of all County Service Areas and their Zones, approve agreement between the County of San Bernardino and Special Districts Department-CSA 70 R-5 in the amount of $11,800 from December 6, 2011, through December 6, 2012, for the berm (snow pile) removal program in the Sugarloaf area of Big Bear Valley.

(Affected Districts: Third)
(Presenter: Supervisor Neil Derry, Third District, 387-4855)

 

ORDINANCES FOR FINAL ADOPTION

 

60)

CONTINUED FROM TUESDAY, NOVEMBER 15, 2011, ITEM #83 - Adopt Ordinance amending Ordinance 1904 adding, removing, and/or modifying positions in the Unclassified Service as set forth in the attached proposed Ordinance (see also Pages 37, 39, and 52 in the Personnel Actions of the Report).
(Affected Districts: All)
(Presenter: Gregory C. Devereaux, Chief Executive Officer, 387-5417)

 

DISCUSSION CALENDAR

 

Board of Supervisors

 

61)

Action on Consent Calendar

 

62)

Deferred Items

 

Arrowhead Regional Medical Center

 

63)

Read title only of proposed ordinance amending Ordinance Section 31.0215 of Chapter 2 of Division 1 of Title 3 of the San Bernardino County Code, relating to Smoking in Public Places and Places of Employment by amending the ordinance to prohibit smoking within any area of the Arrowhead Regional Medical Center Campus; waive reading of the entire text and CONTINUE TO TUESDAY, DECEMBER 13, 2011, FOR ADOPTION on the consent calendar.
(Affected Districts: All)
(Presenter: Patrick Petre, Director, 580-6150)

 

Land Use Services

 

64)

CONTINUED FROM TUESDAY, NOVEMBER 15, 2011, ITEM #88 -

1.      Conduct a public hearing to consider the First Cycle 2011 Conservation Element General Plan Amendment, the Greenhouse Gas Emissions Reduction Plan and an ordinance to revise the Development Code pertaining to the reduction of greenhouse gases;

2.      Certify the Final Supplemental Program Environmental Impact Report (Final SEIR [SCH# 2005101038]); and find that the Final SEIR has been completed in compliance with CEQA, that the Final SEIR has been reviewed and considered prior to approving the Project and that the Final SEIR reflects the independent judgment and analysis of San Bernardino County;

3.      Adopt the Environmental Findings and Statement of Overriding Considerations;

4.      Adopt the Resolution amending the County General Plan as included in the First Cycle 2011 Conservation Element General Plan Amendment to add a policy (Policy CO 4.13) and programs specifically calling for the reduction of greenhouse gas emissions;

5.      Approve the Countywide Greenhouse Gas Emissions Reduction Plan;

6.      Read title only of the proposed ordinance amending the County Development Code relative to the reduction of greenhouse gas emissions;

7.      Waive reading of the entire text;

8.      Adopt the Ordinance amending the County Development Code;

9.      Adopt the Findings as recommended by the Planning Commission; and,

10.  File a Notice of Determination.

(Affected Districts: All)
(Presenter: Christine Kelly, Director, 387-4431)

 

ADDITIONAL CONSENT ITEMS

 

County Administrative Office

 

65)

Authorize the Auditor-Controller/Treasurer/Tax Collector to adjust appropriation and revenue as detailed in the attached Mid-Year Budget Adjustment Report with No Federal Funds (Four votes required).
(Affected Districts: All)
(Presenter: Gregory C. Devereaux, Chief Executive Officer, 387-5417)

 

Auditor-Controller/Treasurer/Tax Collector

 

66)

Adopt resolution for temporary transfer of funds to Apple Valley Fire Protection District.
(Affected Districts: First)
(Presenter: Larry Walker, Auditor-Controller/Treasurer/Tax Collector, 386-9000)

 

PUBLIC COMMENT

 

IF YOU CHALLENGE ANY DECISION REGARDING ANY OF THE ABOVE PROPOSALS IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED DURING THE PUBLIC TESTIMONY PERIOD REGARDING THAT PROPOSAL OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE BOARD OF SUPERVISORS AT, OR PRIOR TO, THE PUBLIC HEARING.

 

DUE TO TIME CONSTRAINTS AND THE NUMBER OF PERSONS WISHING TO GIVE ORAL TESTIMONY, TIME RESTRICTIONS MAY BE PLACED ON ORAL TESTIMONY REGARDING THE ABOVE PROPOSALS. YOU MAY WISH TO MAKE YOUR COMMENTS IN WRITING TO ASSURE THAT YOU ARE ABLE TO EXPRESS YOURSELF ADEQUATELY.

 

THE BOARD OF SUPERVISORS MEETING FACILITY IS ACCESSIBLE TO PERSONS WITH DISABILITIES. IF ASSISTIVE LISTENING DEVICES OR OTHER AUXILIARY AIDS OR SERVICES ARE NEEDED IN ORDER TO PARTICIPATE IN THE PUBLIC MEETING, REQUESTS SHOULD BE MADE THROUGH THE CLERK OF THE BOARD AT LEAST THREE (3) BUSINESS DAYS PRIOR TO THE BOARD MEETING. THE CLERK’S TELEPHONE NUMBER IS (909) 387-3841 AND THE OFFICE IS LOCATED AT 385 NORTH ARROWHEAD AVENUE, 2ND FLOOR, SAN BERNARDINO, CA.

 

AGENDA AND SUPPORTING DOCUMENTATION IS AVAILABLE ON THE INTERNET:  WWW.SBCOUNTY.GOV/COB

 

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THE NEXT REGULAR MEETING OF THE BOARD OF SUPERVISORS IS SCHEDULED FOR Tuesday, December 13, 2011 AT THE COUNTY GOVERNMENT CENTER, 385 NORTH ARROWHEAD AVENUE, SAN BERNARDINO WITH CLOSED SESSION BEGINNING AT 9:00 A.M. AND PUBLIC SESSION BEGINNING AT 10:00 A.M.