HomeMy WebLinkAbout05-03-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MAY 3,2004 -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 Pages 11 & 12.)
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 - eXIstmg litigation - pursuant to
Government Code Section 54956.9(a):
Shirley Allen, an individual v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 102087;
(Item Continued on Next Page)
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1. Continued.
Ruby Howard v. City of San Bernardino, Redevelopment Agency of the
City of San Bernardino, et al. - San Bernardino Superior Court Case
No. SVCSS 95713;
David M. Sanborn, dba D.M. Sanborn Pipeline Contractor v. Avila
Construction, Inc. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 078410 consolidated with Avila
Construction, Inc. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 084862 and Avila Construction v.
City of San Bernardino - San Bernardino Superior Coun Case No.
SCVSS 091020.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957 :
Appointment:
City Engineer
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
(Item Continued on Next Page)
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1. Continued.
2.
1.
Property:
APN 0261-171-06
Northwest corner of Little League Drive
and 1-215
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Fred Wilson, City Administrator, City of
San Bernardino, property owner
Under Negotiation: Purchase price, terms and conditions
Property:
APN 0135-191-11 & 15
4th and Waterman Avenue
Negotiating Parties:
Gary Van Osdel, Executive Director on behalf
of the Redevelopment Agency, Fred Wilson,
City Administrator, on behalf of City of San
Bernardino, property owner and Jian Tokan,
ICO Investment Group, Inc.
Under Negotiation:
Purchase price, terms and conditions
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
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
16, 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 April 22, 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 April 28, 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 Clerk
LAID OVER FROM APRIL 19, 2004
8. An Ordinance of the City of San Bernardino amending Section 5.76.200 of the
San Bernardino Municipal Code relating to taxicab rates. FINAL READING.
(Backup material distributed on April 19, 2004, Item No. 27.)
MOTION: That said ordinance be adopted.
Development Services
9. Resolution of the City of San Bernardino approving Amendment No.2 to the
Services Agreement with Transtech Engineers, Inc. for construction
management, plan review and inspection services for the renovation of the
City's Historic Depot Project. (See Attached) (Cost to the City -- $135,000
from the % Cent Sales and Road Tax Fund. ) Ward 1
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2003-04 budget to transfer
$135,000 in 1/2 Cent Sales Tax Funds from Account No. 129-
367-5504-7302 "SS04-30 Hospitality Lane Signal Modification &
Street Improvement & TC04-15 Hospitality Lane and Carnegie
Drive/I-215 Ramps, install dual-turn lanes" to Account No. 129-
367-5504-7178 "GB04-01 Restoration of San Bernardino Santa
Fe Depot. "
Finance
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing and approving the borrowing of funds for Fiscal Year 2004-2005;
the issuance and sale of a 2004-2005 Tax and Revenue Anticipation Note
therefor and participation in the California Communities Cash Flow Financing
Program. (See Attached) (Resolution not available at time of printing.)
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05/03/2004
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
11. Resolution of the Mayor and Common Council of City of San Bernardino
authorizing the Mayor or her designee to execute Amendment No. 1 to the
Agreement for Consultant Services between the City and the San Bernardino
Unified City School District for the CAPS Program. (See Attached) (No
additional cost to the General Fund.) All Wards
MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute Amendment No. 6 to the
Senior Nutrition Contract No. 01-687 between the City of San Bernardino and
the County of San Bernardino Department of Aging and Adult Services for
Senior Nutrition Services through June 30, 2004. (See Attached) (No cost to
the City.)
MOTION: That said resolution be adopted.
Police
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Renewal Agreement with California Bureau of
Narcotic Enforcement to form a Clandestine Laboratory Task Force to
investigate and prosecute criminal cases involving the illegal manufacturing of
controlled substances. (See Attached) (No cost to the City.) All Wards
MOTION: That said resolution be adopted.
Public Services
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to an annual purchase order, with two single year
renewal options, to Matich Corporation to supply materials for roadway
pavement repairs. (See Attached) (Cost to the City -- $114,651 from the
General Fund.)
MOTION: That said resolution be adopted.
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15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Fairview Ford for seventeen
(17) Year 2004 Ford Crown Victoria Police Interceptors; and authorizing the
Purchasing Manager to solicit lease-purchase rate quotes and award a lease-
purchase to the lowest responsible leasing company. (See Attached) (Cost to
the City -- $446,659.36 (plus lease costs) from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and purchase order to Bryan A.
Stirrat & Associates to design and construct landfill gas collection and treatment
system and improvements to the landfill cover system. (Document and
Resolution not available at time of printing.) (Cost to the City -- $784,604
from the Refuse Fund. ) Ward 3
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Ways and Means Committee on April 7,
2004 - Members present: McCammack and Estrada
17. Request from Mayor's Youth Council for a waiver of fees and reimbursement
for the cost of event timers and sanctioning in connection with the "Run the
Route" Mayor's Run on Route 66 event to be held on May 16, 2004 at
Arrowhead Credit Union Park and along the streets of downtown San
Bernardino. (See Attached) (Cost to the City -- $3,800 from the General
Fund.) Ward 1
MOTION: That indirect funding in the amount of $3,800 be transferred from
the FY 2003-04 civic and promotion fund to various City
departmental accounts as listed in the staff report dated April 1,
2004 from Mayor Judith Valles; that a waiver of fees and use of
City personnel and equipment be authorized; and that
authorization be given to reimburse the Mayor's account for the
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05/03/2004
cost of timers and sanctioning to assist in the "Run the Route"
Mayor's Run to be held on May 16, 2004.
Recommended for approval at the Ways and Means Committee on April 21,
2004 - Members present: McCammack and Estrada
Development Services
18. Authorize implementation of Building and Planning staffing level augmentation.
(See Attached) (Cost to the City - General Fund - $17,000 in FY 2003/2004;
$82,500 for FY 2004/2005)
MOTION #1: That staff be authorized to implement augmentation of Building
and Planning staffing levels as outlined in the staff report dated
April 21, 2004, from James Funk, Director of Development
Services; and
MOTION #2: That one additional Assistant Planner position, Range 1430
($3,791-$4,607) be added; and
MOTION #3: That the salary range for Associate Planner be increased from
Salary Range 1449 ($4,167-$5,065) to Salary Range 1461
($4,424-$5,378); and
MOTION #4: That the Director of Finance be authorized to amend the FY
200312004 budget by moving salary and benefits savings in the
amount of $17,000 from Division 190, as per the staff report
dated April 21, 2004, from James Funk, Director of
Development Services to cover FY 200312004 implementation
cost for staffing augmentation; and
MOTION #5: That the Human Resources Department be directed to update
Salary Resolution No. 6413 to reflect these changes.
19. Resolution of the City of San Bernardino approving Services Agreement with
Willdan Associates for provision of professional building plan review services
for rebuild of residences/structures damaged or destroyed in the "Old Fire".
(See Attached) (Cost to the City -- $129,500 from the General Fund.)
(Resolution not available at time of printing.) Wards 4,5&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 Development Services Deparlment budget by
moving salary and benefit savings in the cumulative amount of
$129,500 from Divisions 183, 185, 191, and 192 as per the staff
reporl dated April 27, 2004, from James Funk, Director of
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05/03/2004
Development Services into Account No. 001-192-5502-0000 to
cover the purchase order with Willdan Associates in the amount
of $129,500.
20. Resolution of the City of San Bernardino approving Services Agreements with
Willdan Associates, Esgil Corporation, and California Code Check for provision
of Professional Plan Check Services. (See Attached) (Cost to the City --
$7,600 from the General Fund $342,400 will be applicant paid fees.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Recommended for approval at the Grants Ad Hoc Committee held on April
13,2004 - Members present: McCammack and Estrada
Fire
21. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying participation in the FY 2004 State Homeland Security Grant Program
submitted by the San Bernardino County Fire Department, Office of Emergency
Services. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
22. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application by the Director of Parks,
Recreation and Community Services for Title III-B Grant Application through
the County of San Bernardino Department of Adult and Aging Services (DAAS)
for Assisted Transportation for the Senior Companion Program for the period of
July 1, 2004 through June 30,2005. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Recommended for approval at the Ways and Means Committee on April 7,
2004 - Members present: McCammack and Estrada
Water Department
TO BE HEARD AT 4:00 P.M.
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05/03/2004
23. Public hearing - reVIew Sewer Rate Study 2003 and adopt resolution. (See
Attached) All Wards
(Item Continued on Next Page)
23. Continued.
Resolution of the City of San Bernardino fixing and establishing charges for
services and facilities furnished by the City sewerage collection and treatment
system located inside and outside the incorporated territory of the City; and
repealing Resolutions 96-347 and 98-12. (Resolution not available at time of
printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
Development Services
TO BE HEARD AT 4:00 P.M.
24. Public hearing - and resolution ordering the vacation of a portion of the alley
between Acacia Avenue and "E" Street, south of 13th Street; the alley between
"F" Street and Acacia Avenue, between 13th Street and Base Line Street; 7th
Street between "F" Street and "G" Street; and a portion of Berkeley Street,
between 7th Street and 8th Street. (See Attached) (No cost to the City -- $1,000
cost to be paid by applicant.) Ward 1
Resolution of the City of San Bernardino ordering the vacation of a portion of
the alley between Acacia Avenue and "E" Street, south of 13th Street; the alley
between "F" Street and Acacia Avenue, between 13th Street and Base Line
Street; 7th Street between "F" Street and "G" Street; and a portion of Berkeley
Street, between 7th Street and 8th Street (Plan No. 10910A and 1091OB) and
reserving easements and temporary easements for certain public utilities therein.
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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05/03/2004
STAFF REPORTS
City Clerk
25. 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.
Council Office
LAID OVER FROM APRIL 21,2004
26. An Ordinance of the City of San Bernardino amending Chapter 3.44 of the San
Bernardino Municipal Code reducing the amount of Service Users Tax to 7.93
percent. FINAL READING (Backup material distributed on April 19,
2004, Item No. 13.)
MOTION: That said ordinance be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval by the Redevelopment Committee on April 20,
2004 - Committee Members present: Estrada, Lon~ville and McGinnis
R27. 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 (the "Agency") to
execute the Professional Services agreement by and between Terra Nova
Planning & Research, Inc. ("Consultant") and the Agency. (See Attached)
(Cost to the Agency -- $60,000 from the Low/Mod Housing and the
Redevelopment Funds.) All Wards
MOTION: That said resolution be adopted.
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05/03/2004
Recommended for approval by the Redevelopment Committee on April 20,
2004 - Committee Members present: Estrada, Lon~ville and McGinnis
R28. A Resolution of the Community Development Commission of the City of San
Bernardino authorizing the Executive Director of the Redevelopment Agency of
the City of San Bernardino to execute Amendment No.2 to Owner Participation
Agreement, dated as of September 17, 2001 , by and between the
Redevelopment Agency of the City of San Bernardino and In- N -Out Burgers and
to execute a License between the Redevelopment Agency of the City of San
Bernardino and In- N -Out Burgers permitting limited entry for Public Works
project purposes. (See Attached) (No cost to the Agency.) Ward 3
MOTION: That said resolution be adopted.
29. 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.)
30. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, May 17, 2004, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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05/03/2004
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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