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HomeMy WebLinkAbout01-20-2004 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TUESDAY, JANUARY 20,2004 -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 12 & 13.) CALL TO ORDER: PRESENT: ABSENT: PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): (See Exhibit l-A-I for list of cases) (Item Continued on Next Page) 1 01/20/2004 1. Continued. 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: Neighbors of San Manuel Tribe v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City v. San Manuel Band of Serrano Mission Indians 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. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. 1. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 2 01/20/2004 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 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 nonnal sequence on the agenda. Infonnation concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 24, 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/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 on the memorandum dated January 7, 2004, from Barbara Pachon, Director of Finance, be approved. 3 01/20/2004 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated January 13, 2004 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 Administrator 8. Resolutions by and between the City of San Bernardino and the Economic Development Agency authorizing execution of an agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton & Shockey. (See Attached) (Cost to the City's General Fund - not-to-exceed $23,500.) A. Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an Agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton & Shockey (CLJDS) by and between the City of San Bernardino and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton, & Shockey by and between the City of San Bernardino and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with Copeland, Lowery, Jacquez, Denton & Shockey for federal representation services. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. City Attorney 9. Authorization to execute subpoena for production of business records, books, papers and other documents relative to the operation of business by the Blast Soccer Club at Al Guhin Park. (Document not available at time of printing.) MOTION: That the Mayor be authorized to execute the attached subpoena for the production of business records, books, papers and other documents relative to the operation of business by the Blast Soccer Club at Al Guhin Park. 4 01/20/2004 10. Authorization to utilize City Attorney Investigator/Special Projects (part-time) to assist Code Enforcement Officers in their enforcement duties under the San Bernardino Municipal Code up to an average of two (2) additional days per week (18 hours) for the period of January 20, 2004 through June 30, 2004, with no benefits, at $32 per hour. (Document not available at time of printing.) MOTION #1: That the Mayor and Common Council authorize the City Attorney to allow the City Attorney Investigator/Special Projects (Part-time) to assist Code Enforcement Officers in their enforcement duties under the San Bernardino Municipal Code up to an average of two (2) additional days per week (18 hours) for the period January 20, 2004 through June 30, 2004, with no benefits, at $32 per hour; and MOTION #2: That the Mayor and Common Council authorize the Director of Finance to effect a budget amendment transferring $13,248 in savings from Account No. 001-073-5505 (Code Compliance Other Professional Services - CDBG) to Account No. 001-051- 5014 (City Attorney's Office Part-time hiring). Development Services 11. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution... designating certain streets, or portions thereof as through highways..." and establishing a 4-way stop at the intersection of Meyers Road and Olive Avenue. (See Attached) (Cost to the City -- $800 from the General Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution... designating certain streets, or portions thereof as through highways..." and declaring Pumalo Street between Del Rosa Avenue and Date Place a through highway. (See Attached) (Cost to the City -- $400 from the General Fund.) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. 5 01/20/2004 13. Authorization to proceed with proposed vacation of a portion of Gannett Parkway, formerly known as Campeau Drive, between Hallmark Parkway and Georgia Boulevard and approval of Plan No. 10901. (See Attached) (Cost to the City -- $1,000 from the General Fund.) Ward 6 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed with the vacation of a portion of Gannett Parkway, formerly known as Campeau Drive, between Hallmark Parkway and Georgia Boulevard; and that Plan No. 10901 be approved. 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Ross A. Guy & Son, General Engineering Contractors, Inc. for sanitary sewer system improvements for proposed SR-21O Freeway extension at Macy Street and Madison Street from 23rd Street to 26th Street (SW 04-17), per Plan No. 10635. (See Attached) (Cost to the City -- $240,000 from the Sewer Line Construction Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 15. Item Deleted. 16. Item Deleted. 17. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Tunnel Equipment Manufacturing Company DBA TEMCO for sanitary sewer system improvements for proposed SR-21O Freeway extension at 27th Street along Medical Center Drive and Cajon Boulevard (SW 04-18), per Plan No. 10743. (See Attached) (Cost to the City -- $568,000 from the Sewer Line Construction Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 6 01/20/2004 18. Resolutions awarding contracts - various Landscape Maintenance Assessment Districts Areas A and B. (See Attached) (Cost to the City -- $145,972.28 [$145,670.40 from various Assessment District Funds and $301.88 from the General Fund].) Ward 5 A. Resolution of the City of San Bernardino awarding a contract to Azteca Landscape for the maintenance of landscaping in Assessment District Nos. 976,991,997, 1017, 1025 & 1028 (Area "A"). (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino awarding a contract to Golden West Landscape Contractor for the maintenance of landscaping in Assessment District Nos. 951, 952, 1002 & 1019 (Area "B"). (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 19. Item Deleted. Facilities Mana~ement 20. Resolution of the Mayor and Common Council of the City San Bernardino ratifying the issuance of two purchase orders to Koston Construction for construction services to rebuild the O'Grady/Gurule Concession Stand in Speicher Park. (See Attached) (Cost to the City -- $10,000 from the Liability Fund.) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to amend the FY 2003/04 adopted budget and increase Account No. 629-453-5162 by $92,900 and revenue Account No. 629-000-4924 by $92,900 to reflect the insurance reimbursement to be received. Fire LAID OVER FROM JANUARY 5, 2004 21. Ordinance of the City of San Bernardino amending Chapter 15.10 relating to Foothill Fire Zone Building Standards and adding Chapter 15.11 of the San Bernardino Municipal Code to include the Building Safety Enhancement Area Building Standards. FINAL READING (Backup material was distributed on January 5, 2004, Item No. 81.) MOTION: That said ordinance be adopted. 7 01/20/2004 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to Allstar Fire Equipment, Inc. in the amount of $25,689.76, L.N. Curtis & Sons in the amount of $68,031.21, and Motorola in the amount of $59,977.38. (See Attached) (No cost to the General Fund; purchases to be funded by FY 2003 State Homeland Security Grant Program.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 23. Resolution of the City of San Bernardino authorizing the Mayor to execute the Fourth Amendment to the Limited Access Easement Agreement (Temporary) between the City and Rancon Realty Fund IV to extend the term of Agreement relating to the former Waterman Landfill. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Telecommunications 24. Resolution of the Mayor and Common Council of the City of San Bernardino granting an extension of the Cable Franchises with Adelphia Communications, Charter Communications, and Mountain Shadows Cable. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at Grants Committee on January 13, 2004 - Committee Members Present: McCammack, Estrada and Anderson Parks, Recreation & Community Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer a grant from the Community Foundation serving Riverside and San Bernardino in the amount of $10,000 to supplement the Senior Companion Program for the period of May 1,2004 through April 30,2005. (See Attached) (Resolution not available at time of printing.) (Item Continued on Next Page) 8 01/20/2004 25. Continued. MOTION: That said resolution be adopted. Fire 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of a grant application to the State of California Business, Transportation and Housing Agency, Office of Traffic Safety (OTS) in the amount of $90,000. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 27. Resolution of the City of San Bernardino accepting the California Office of Traffic Safety Concepts Grant, if awarded, and authorizing the expenditure of funds in accordance with the Grant Expenditure Plan. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submission of Waste Tire Enforcement Grant Application from the California Integrated Waste Management Board. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at Personnel Committee on January 13, 2004 - Committee Present: McCammack and McGinnis Development Services 29. Implementation of classification study for Engineering and Planning positions in Development Services Department. (See Attached) MOTION #1: That the Mayor and Common Council approve the following Development Services Department classification and salary adjustments to be effective January 16, 2004: (Item Continued on Next Page) 9 01/20/2004 29. Continued. MOTION #2: Increase Engineering Associate and Construction Engineer, Range 2485, $4,987-$6,062/month, five percent (5%) to Range 2495, $5,242-$6, 372/month; and MOTION #3: Establish full-time classification of Senior Civil Engineer at Range 4529, $6,211-$7,549/month, and modify job description of Senior Engineer; and MOTION #4: Reclassify City Planner, Range 4518, $5,879-$7,146/month, to Deputy Director/City Planner, Range 4559, $7,213- $8,767/month; and MOTION #5: Reclassify one (1) vacant Senior Planner position, Range 2496, $5,268-$6,403/month, to new classification of Principal Planner, Range 4525, $6,088-$7,400/month. END OF COMMITTEE CONSENT PUBLIC HEARINGS City Administrator's Office TO BE HEARD AT 4:00 P.M. 30. Public hearing - resolution establishing certain fees for services furnished by the City of San Bernardino and repealing Resolution No. 2003-211, Resolution 90- 397, Resolution No. 90-471, and Resolution No. 91-470. (See Attached) A Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, and repealing Resolution No. 2003- 211, Resolution No. 90-397, Resolution No. 90-471, and Resolution No. 91- 470. (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 PUBLIC HEARINGS 10 01/20/2004 STAFF REPORTS City Clerk 31. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)( 1). MOTION: That the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. 32. An Ordinance of the City of San Bernardino amending Section 5.04.015 of the San Bernardino Municipal Code by adding Subsection "E" relating to Business Registration Certificate Application processing fees. FIRST READING (See Attached) (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. Development Services 33. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to establish a forty mile per hour speed limit on "E" Street between Hunts Lane and Century Avenue. FIRST READING (See Attached) (Cost to the City -- $800 from the General Fund.) (Ordinance not available at time of printing.) Ward 3 MOTION: That said ordinance be laid over for final adoption. 34. Ordinance of the City of San Bernardino amending Section l5.04.080(B)(2) of the San Bernardino Municipal Code relating to fee waivers for certain permits after a natural disaster. FIRST READING (See Attached) (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. 11 01/20/2004 Fire 35. Resolution of the Mayor and Common Council of the City of San Bernardino designating certain parcels as being located within the Building Safety Enhancement Area as defined by San Bernardino Municipal Code Chapter 15.11, due to damage or destruction caused by the Old Waterman Canyon Fire. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 36. An Ordinance of the City of San Bernardino amending Municipal Chapter 8.81 to include Section 8.81. 045 establishing a requirement that alarm businesses notify the Police Department of each alarm installation and that allows the City of San Bernardino to invoice alarm businesses for installation and monitoring service transfer fees. FIRST READING (See Attached) (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION R37. Clarification and amendment to the June 2, 2003 Disposition and Development Agreement (DDA) by and between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Company. (Document not available at time of printing.) (Community Development Commission) A. A Resolution of the Community Development Commission of the City of San Bernardino authorizing the Executive Director to execute the Clarification and Amendment to the 2003 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Co., dated June 2, 2003. (Resolution not available at time of printing.) (Item Continued on Next Page) 12 01/20/2004 R37. Continued. (Mayor and Common Council) B. A Resolution of the Mayor and Common Council of the City of San Bernardino approving that certain Purchase and Sale Agreement by and between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino relating to property located at the northwest comer of University Parkway and Northpark Boulevard in the City of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. R38. A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Redevelopment Project Study Agreement for property acquisition and redevelopment assistance with Catellus Operating Limited Partnership, a Delaware Corporation (Mt. Vernon Corridor Redevelopment Project Area) ("Agreement"). (Document and Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. R39. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor to execute Amendment No. I to the HOME Agreement by and between the City of San Bernardino ("City") and Neighborhood Housing Services of the Inland Empire, Inc. (NHS) - Homebuyer Education Program. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 40. 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.) 13 01/20/2004 41. 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, February 2, 2004, 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. 14 01/20/2004