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)
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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
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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.
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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.
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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.
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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.
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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.
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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)
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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)
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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
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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.
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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)
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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.)
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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.
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