HomeMy WebLinkAbout12-20-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
MONDAY, DECEMBER 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 pages 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 and San Bernardino City Housing
Authority recess to closed session for the following:
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
City of San Bernardino Municipal Water Department v. The United
States Department of the Army - U.S. District Court Case Nos. CV 96-
8867 & CV 96-5205;
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1. Continued.
La France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 00-107 RT (RNBx);
City of San Bernardino v. Guadalupe V. Sauceda - San Bernardino
Superior Court Case No. SCVSS 120393;
Peter Christian Charles Hessing v. City of San Bernardino Police
Department - United States District Court Case No. EDCV 04-01438;
Stubblefield Construction Company et al. v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCVSS 252058
(Stubblefield II).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organizations:
General Unit
Mid- Management
G. Conference with real property negotiator - pursuant to Government Code
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Section 54956.8:
1.
1.
Continued.
Property:
Negotiating Parties:
Under Negotiation:
2.
Property:
Negotiating Parties:
Under Negotiation:
Uptown Project Area
3. Property:
Owner/Seller:
Buyer:
247 W. Third Street
Judith Valles, Mayor, on behalf of the
Redevelopment Agency, property owners, and
Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
Purchase price, terms and conditions
That parcel consisting of approximately 67.75
acres identified as Parcel 1-2 at the San
Bernardino International Airport, and generally
bounded by Harry Sheppard Boulevard, Del
Rosa Drive, Paul Villasenor Boulevard, and
Memorial Drive
Don Rogers on behalf of the Inland Valley
Development Agency. David Newsom on
behalf of Hillwood/San Bernardino LLC.
Bruce Varner on behalf of Stater Bros.
Markets. James F. Penman on behalf of the
City of San Bernardino
Terms and conditions
APN 0145-242-32, 0145-242-33
Mayor Judith Valles, on behalf of the
Redevelopment Agency of the City of San
Bernardino, property owner(s)
San Bernardino City Unified School District
(" District")
IVDA Redevelopment Project Area - (Meadowbrook Project)
4. Property: 188 North Allen Street
APN 0135-291-17
Negotiating Parties:
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, and
Narciso R. Garcia, property owner(s)
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Under Negotiation:
1. Continued.
Purchase price, terms and conditions
IVDA Redevelopment Project Area - (Walnut Street)
5. Property: 1502 Walnut Street
APN 0274-024-01
Negotiating Parties:
Under Negotiation:
6.
Property:
Negotiating Parties:
Under Negotiation:
7.
Property:
Negotiating Parties:
Under Negotiation:
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, and
Katherine M. Rodriguez, property owner(s)
Purchase price, terms and conditions
1530 Walnut Street
APN 0274-023-01
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, and Lupe
Ensign, property owner(s)
Purchase price, terms and conditions
1550 Walnut Street
APN 0274-023-02 & APN 0274-023-03
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, and Jesse
and Albert Trevino, property owners(s)
Purchase price, terms and conditions
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
23, 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.
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6.
Council Minutes
(See Attached)
MOTION: That the minutes of the following meeting of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form:
November 1, 2004
(Distributed 12/14/04)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated December 15, 2004,
from Barbara Pachon, Director of Finance, be approved.
8.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated December 14, 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 Attorney
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Attorney to increase the hourly rate paid to the law firm of
Arias, Lockwood & Gray. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
City Clerk
10. 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.
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11. Approve Local Appointments List per the Maddy Act. (See Attached) (No cost
to the City.)
MOTION: That the Mayor and Common Council approve the Local
Appointments List of all regular and ongoing boards,
commissions, and committees and direct that the City Clerk send
a copy of the List to the Fe1dheym Library for posting pursuant to
Government Code Section 54973.
Development Services
12. Resolution of the City of San Bernardino authorizing the execution of a
Common Use Agreement between the City and the San Bernardino County
Regional Parks Division for the development and construction of Phase III of
the Santa Ana River Trail (SART) project, Orange Show Road and Tippecanoe
Avenue bridges. (See Attached) (No cost to the City.) (Resolution not
available at time of printing.) Wards 1&3
MOTION: That said resolution be adopted.
13. Resolution of the City of San Bernardino preliminarily determining that the
public convenience and necessity require the formation of a landscape
maintenance assessment district located in the Belmont A venue and Magnolia
A venue area without compliance with the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931; declaring its intention to proceed
to order work within the district, to be known as Assessment District No. 1037;
preliminarily approving the Engineer's Report and giving notice of a public
meeting and public hearing. (See Attached) (No cost to the City -- $4,000
processing fee paid by applicant.) Ward 5
MOTION: That said resolution be adopted.
14. Resolution of the City of San Bernardino preliminarily determining that the
public convenience and necessity require the formation of a landscape
maintenance assessment district located in the Orange Show Road and
Arrowhead A venue area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the district, to be known as
Assessment District No. 1038; preliminarily approving the Engineer's Report
and giving notice of a public meeting and public hearing. (No cost to the City -
- $4,000 processing fee paid by applicant.) Ward 3
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(Item Continued on Next Page)
14. Continued.
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under SBMC 12.90 with the establishment
of a Landscape Maintenance Assessment District in the Orange
Show Road and Arrowhead Avenue (Parcel Map No. 16222), to
be known as Assessment District No. 1038; and that said
resolution be adopted.
15. Authorize execution of Contract Change Order No. Two to contract with
Repipe-California, Inc. (dba PPR) for the sewer rehabilitation by Cured-In-
Place Pipe (CIPP) method on "E" Street between 2nd Street and 5th Street (SW
04-06), per Plan No. 10540. (See Attached) (Cost to the City -- $9,300 from
the Sewer Line Construction Fund. ) Ward 1
MOTION: That the Director of Development Services be authorized to
execute Change Order No. Two in the amount of $9,300.00 to
contract with Repipe-California, Inc. (dba PPR) for the sewer
rehabilitation by Cured-In-Place Pipe (CIPP) Method on "E"
Street between 2nd Street and 5th Street (SW04-06), per Plan No.
10540.
16. Authorize execution of Contract Change Order No. Three to Contract with
Bonadiman-McCain, Inc. for Timber Creek improvements. (See Attached)
(Cost to the City -- $16,091.19 from the Stonn Drain Construction Fund.)
Ward 1
MOTION: That the Director of Development Services be authorized to
execute Change Order No. Three in the amount of $16,091.19 to
contract with Bonadiman-McCain, Inc., for Timber Creek
improvements.
17. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Gwinco Construction and Engineering, Inc., for Old
Waterman Canyon Road Bridge Repair (SS05-11) per Plan No. 11304. (See
Attached) (No cost to the City -- $185,000 project cost is fully reimbursable
from FEMA.) (Resolution not available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
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12/20/2004
18. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Kalban, Inc. for the construction of ADA accessibility
ramps and sidewalk at various locations, Phase VI, (SS-B), per Plan No.
10992B. (See Attached) (Cost to the City -- $460,000 from the % Sales and
Road Tax Fund.) (Resolution not available at time of printing.)
All Wards
MOTION
That said resolution be adopted.
19. Resolution of the City of San Bernardino authorizing and directing execution of
a License and Agreement with Lockheed Martin Corporation (LMC) for
encroachment of a groundwater monitoring well in the public right-of-way
located on San Jacinto Street, east of Gifford Avenue, south of Mill Street. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
20. Request authorization to reject all bids, and to re-advertise for bids for
Landscape Maintenance Assessment District contract areas "A", "B", "G" and
"H". (See Attached) Wards 1,3&5
MOTION: That the Mayor and Common Council reject all bids relative to
the maintenance of landscaping for Landscape Maintenance
Assessment Districts within contract areas "A", "B", "G" and
"H"; and that staff be authorized to re-advertise for bids for
Landscape Maintenance Assessment District contract areas "A",
"B", "G" and "H".
Human Resources
21. Establishment of salaries for Police Department classifications P4, P5, P6, and
P7, effective August 1, 2004. (See Attached) (Cost to the City -- $84,500
from the General Fund.)
MOTION #1: That the Mayor and Common Council establish salaries for the
following Police Department classifications as outlined in the
Staff Report dated December 13, 2004, from Linn Livingston,
Director of Human Resources, effective August 1, 2004: Police
Department P4 (Lieutenant), P5 (Captain), P6 (Assistant Police
Chief), and P7 (Police Chief);
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(Item Continued on Next Page)
21. Continued.
MOTION #2: That the Director of Finance be authorized to amend the Fiscal
Year 200412005 Budget to transfer $84,500 from the General
Government Budget (Account No. 001-092-5011) to the Police
Department Budget in the General Fund; and
MOTION #3: That the Human Resources Department prepare an amendment to
Resolution No. 6429 to reflect the revised salaries.
Parks, Recreation and Community Services
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute a Memorandum of
Understanding between the City of San Bernardino and the Lighthouse for the
Blind for Senior Nutrition Program Services. (See Attached) (No cost to the
City - Program is fully funded by the Nutrition Grant.)
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Common Council of the City of San Bernardino to
authorize the execution of a Concessionaire Contractual Agreement between the
City of San Bernardino and Diamond Creations, Inc. for concession services at
the San Bernardino Soccer Complex for the period of December 21, 2004
through December 20, 2006. (See Attached) (No cost to the City -- $136,600
in anticipated revenues budgeted for FY 04-05.) (Resolution not available
at time of printing.) Ward 7
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Committee Meetin~ on December
14, 2004 - Committee Members present: McCammack and Estrada
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12/20/2004
Mayor's Office
24. Resolutions concerning the distribution of federal grant proceeds related to the
North Lake Project. (See Attached) (Resolutions not available at time of
printing.) Ward 1
(Item Continued on Next Page)
24. Continued.
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Sub-recipient Agreement
between the City of San Bernardino and the San Bernardino Regional
Water Resources Authority concerning the distribution of federal grant
proceeds related to the North Lake Project.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Grant Allocation Agreement
between the City of San Bernardino and the San Bernardino Valley
Municipal Water District concerning the distribution of federal grant
proceeds related to the North Lake Project.
MOTION: That said resolutions A and B, be adopted.
Recommended for approval at the Personnel Committee Meetin~ on
December 13, 2004 - Committee Members present: McGinnis, Lon~ville
and McCammack
Human Resources
25. Reclassification of the Position of Workers' Compensation Supervisor. (See
Attached)
MOTION #1: That the Mayor and Common Council approve reclassification of
the position of Workers' Compensation Supervisor, Range 2486,
$5,012-$6,092/month, to the position of Workers' Compensation
Manager, Range 4486, $5,012 to $6,092/month; and
MOTION #2: That the Human Resources Department be directed to update
Resolution No. 6413 to reflect this action.
26. Reorganization of the Code Compliance Department. (See Attached)
MOTION #1: That the Mayor and Common Council approve reclassification of
the position of Administrative Operations Technician, Range
1371, $2,824-$3,433/month, to the position of Code Compliance
Officer II, Range 1407, $3,380-$4,108/month;
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MOTION #2: That the Mayor and Common Council create the posItlOn of
Supervising Code Compliance Officer, Range 2462, $4,446-
$5,405/month; and
MOTION #3: That the Human Resources Department be directed to update
Resolution No. 6413 to reflect this action.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
Development Services
CONTINUED FROM DECEMBER 6, 2004
27. Resolutions authorizing the execution of Amendment No. Two to Professional
Services Agreement with Lim & Nascimento Engineering and Amendment No.
One with Myra L. Frank/Jones & Stokes for provision of professional
environmental services for the design of the Mt. V ernon Avenue Viaduct over
the BNSF Railroad. (Backup material distributed on December 6, 2004,
Item No. 17.)
A. Resolution of the City of San Bernardino approving Amendment No. 2
to Services Agreement with Lim & Nascimento Engineering Corporation
for project management of the Mt. V ernon Avenue Viaduct over the
BNSF Railroad.
B. Resolution of the City of San Bernardino approving Amendment No. 1
to Services Agreement with Myra L. Frank/Jones & Stokes for provision
of professional environmental services for the design of the Mt. Vernon
Ave. Viaduct over the BNSF Railroad.
MOTION: That said resolutions A and B, be adopted.
END OF CONTINUED ITEMS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meetin~ on
October 19, 2004 - Committee Members present: Estrada, Lon~ville and
McGinnis
CONTINUED FROM DECEMBER 6, 2004
TO BE HEARD AT 5:00 P.M.
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12/20/2004
R28. Joint Public Hearing to consider the Meadowbrook single family residential
development agreement with ANR Industries, Incorporated. (Previously
December 6,2004, Item No. R29 - No backup material submitted.)
MOTION: That the matter be continued to January 10, 2005, at 5:00 p.m.
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12/20/2004
Recommended for approval at the Redevelopment Committee meetin~ on
November 2,2004 - Committee Members present: Estrada and Lon~ville
TO BE HEARD AT 5:00 P.M.
R29. Joint public hearing - Disposition and Development Agreement with
Redevelopment Agency and E1 Paseo Petroleum, LLC (Mt. Vernon Corridor
Redevelopment Project area). (Resolutions not available at time of printing.)
Ward 1
MOTION: That the matter be continued to January 10, 2005, at 5:00 p.m.
TO BE HEARD AT 5:00 P.M.
R30. Public Hearing - Five-year Implementation Plan (2004/05 - 2008/09) for the
Agency's Redevelopment Project Areas
A Resolution of the Community Development Commission of the City of San
Bernardino, the governing body of the Redevelopment Agency of the City of
San Bernardino, approving the Five-year Implementation Plan for the Agency's
ten (10) Redevelopment Project Areas. (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee Meetin~ on
December 9,2004 - Committee Members present: Estrada and McGinnis
R31. Resolution of the Community Development Commission of the City of San
Bernardino, California, adopting the Economic Development Agency's Annual
Statement of Investment Policy for the Year 2005. (See Attached)
MOTION: That said resolution be adopted.
R32. Resolution of the Community Development Commission of the City of San
Bernardino, California, approving an Educational Revenue Augmentation Fund
loan from Community Low and Moderate Income Housing funds and
promissory notes from Redevelopment Project Areas, and authorizing execution
thereof. (See Attached)
MOTION: That the Community Development Commission approve notes
payable from each of the redevelopment project areas, as outlined
in the Staff Report dated December 9, 2004, from Barbara
Lindseth, Administrative Services Director, for payment of the
Fiscal Year 2004/05 ERAF; and that said resolution be adopted.
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33. 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.)
34. 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, January 10, 2005, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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12/20/2004
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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