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HomeMy WebLinkAbout12-01-2003 Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 1, 2003 - 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 15.) 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): Jonathan Smith v. City of San Bernardino, et al. - United States District Court Case No. CV98-1990 GAF (CTx); 1 12/01/2003 I. Continued. Wholesale Electricity Antitrust Cases I & II - JCCP Case Nos. 4202- 0005 and 4202-00006; Fernando Velardez; Armando Velardez v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 097365. 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 of San Bernardino v. Allan Steward and Gil Lara 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: I. Negotiator: Fred Wilson, City Administrator Employee Organization: San Bernardino Confidential Management Association (to include Unclassified employees) 2. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association 2 12/01/2003 I. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property: APN 0281-083-02; 0281-083-03; 0281-083-04; 0281-083-013; 0281-083-014; 0281-083-015; 0281-083-016; 0281-083-017; 0281-083-018; 0281-083-019; 0281-083-020; and 0281-091-39 Negotiating Parties: Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and JAKS, LLC, property owner Under Negotiation: Purchase price, terms & conditions (San Bernardino City Housing Authority) 1. Property: 123 North Sierra Way APN 0135-292-35 Negotiating Parties: Gary Van asdel, Executive Director on behalf of the San Bernardino City Housing Authority and Carlos Dorticos, property owner Under Negotiation: Purchase price, terms & conditions 2. Property: 125 North Sierra Way APN 0135-292-37 Negotiating Parties: Gary Van asdel, Executive Director, on behalf of the San Bernardino City Housing Authority and Odessa Williams, property owner Under Negotiation Purchase price, terms & conditions END OF CLOSED SESSION 3 12/01/2003 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 27, 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. 4 12/01/2003 6. Council Minutes. (See Attached) MOTION: That the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: October 20,2003 November 3, 2003 (Distributed on 11/21/03) (Distributed on 11/20/03) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 25,2003, 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 November 25, 2003, 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 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Greer Stroud and the City of San Bernardino for hearing officer and/or administrative law officer services. (See Attached) (Cost to the City -- $28,800 from the General Fund.) MOTION: That said resolution be adopted; and that the Mayor and Common Council appoint William Holt and Greer Stroud as Administrative Law Officers pursuant to Chapter 9.92 of the Municipal Code. City Clerk 10. Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on the 4th day of November 2003, declaring the results thereof and setting forth such other matters as are allowed by law. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 5 12/01/2003 Code Compliance/Public Services II. Resolution of the City of San Bernardino authorizing execution of a new services agreement with Los Padrinos, Youth Services Inc. a non-profit organization, and rescinding Resolution No. 2003-137. (See Attached) (Cost to the City -- $342,993 from the General Fund.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2003-04 adopted budget for the Sewer Fund, Code Compliance Department, and Public Services Department as outlined in the staff report from Glenn Baude, Code Compliance Director, dated November 24,2003. Development Services 12. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution.. .prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking any time zone on both sides of Sixth Street between Sierra Way and the end of Sixth Street east of Sierra Way. (See Attached) (Cost to the City -- $1,000 from the General Fund.) Ward 1 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Hillcrest Contracting, Incorporated for Waterman Avenue, Washington Street and Barton Road signals upgrade per Plan No. 10496. (See Attached) (Cost to the City -- $185,200 [Up to $106,000 to be reimbursed by CMAQ Grant; balance of $79,200 from Traffic Systems Construction Fund. ]) Ward 3 MOTION: That said resolution be adopted. 14. Resolution of the City of San Bernardino approving a services agreement with Myra L. Frank & Associates, Inc. for provision of Professional Environmental Services for the design of the Mt. V ernon Avenue Viaduct over the BNSF Railroad. (See Attached) (Cost to the City -- $123,524 from the Mt. Vernon Grade Separation at BNSF.) Wards 1 & 3 MOTION: That said resolution be adopted. 6 12/01/2003 Economic Development A~ency LAID OVER FROM NOVEMBER 17, 2003 15. Elimination of debt limits for nine (9) Redevelopment Agency of the City of San Bernardino Redevelopment Project Areas. (Backup material was distributed on November 17, 2003, Item No. R37.) State Colle~e A. An Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the State College Redevelopment Project Area. FINAL READING Central City North B. An Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Central City North Redevelopment Project Area. FINAL READING Central City West C. An Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Central City West Redevelopment Project Area. FINAL READING Southeast Industrial Park D. An Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Southeast Industrial Park Redevelopment Project Area. FINAL READING Northwest E. An Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Northwest Redevelopment Project Area. FINAL READING Tri-City F. An Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Tri-City Redevelopment Project Area. FINAL READING South Valle G. An Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the South Valle Redevelopment Project Area. FINAL READING (Item Continued on Next Page) 7 12/01/2003 15. Continued. Mt. Vernon H. An Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Mt. Vernon Redevelopment Project Area. FINAL READING Uptown I. An Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Uptown Redevelopment Project Area. FINAL READING MOTION: That said ordinances A-I, be adopted. Fire 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an agreement with Loma Linda University Health Care for Medical Director services. (See Attached) (Cost to the City -- $1,500 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Human Resources 17. 2003-2004 Holiday Closure. (See Attached) MOTION #1: That the Mayor and Common Council require affected employees to take off Friday, December 26, 2003, using their own accrued leave; and MOTION #2: That the Mayor and Common Council require affected employees to take off Friday, January 2, 2004, using their own accrued leave. 18. Resolution amending Resolution No. 6413, Sections Twelve and Fourteen, establishing a basic compensation plan and a resolution amending Resolution No. 2001-94, Management, Confidential and Unclassified Employee Compensation and Benefits Plan. (See Attached) (Item Continued on Next Page) 8 12/01/2003 18. Continued. A. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Twelve and Fourteen, entitled in part, "A resolution . . . establishing a basic compensation plan . . ." by updating information codifying prior Council action (Management/Confidential and Unclassified). (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino amending Resolution No. 2001-94, establishing a Compensation and Benefits Plan for the Management/Confidential and Unclassified employees, amending Section 2, Subsection L, administrative leave. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 19. Establishment of salaries for Fire Department, Ranges P-l, P-2, P-3, and P-4, effective August I, 2003. (See Attached) MOTION #1: That the salaries for Fire Department Ranges P-l, (Firefighter), P-2 (Firefighter/Paramedic), P-3, (Fire Engineer), P-4 (Fire Investigator and Captain) be established, effective August I, 2003, as outlined in the attached staff report from Linn Livingston, Director of Human Resources, dated November 20, 2003; and MOTION #2: That the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2003-04 budget to transfer $911,300 from the General Government Budget (001-092-5011) to the Fire Department Budget in the General Fund. 20. Establishment of salaries for Fire Department, Ranges P-5, P-6, P-7, Fire Marshal and Training Officer, effective August I, 2003. (See Attached) MOTION #1: That the salaries for Fire Department Ranges P-5, (Battalion Chief), P-6, (Deputy Fire Chief), P-7 (Fire Chief), Fire Marshal and Training Officer be established, effective August I, 2003, as outlined in the attached staff report from Linn Livingston, Director of Human Resources, dated November 20,2003; and MOTION #2: That the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2003-04 Budget to transfer $99,400 from the General Government Budget (001-092-5011) to the Fire Department Budget in the General Fund. 9 12/01/2003 Parks, Recreation & Community Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of Amendment No.2 to the Concessionaire Contractual Agreement between the City of San Bernardino and Diamond Creations, Inc. to extend concession services at the San Bernardino Soccer Complex through November 19, 2004. (See Attached) Ward 7 MOTION: That said resolution be adopted. 22. A Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for grant funds under the provisions of the 2002 Resources Bond Act (Proposition 40) for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program, and repealing Resolution No. 2003-296. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. Public Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the purchase order to Matich Corporation for the rental of paving equipment including operators for roadway pavement rehabilitation. (See Attached) (Cost to the City -- $112,200 from various funds.) All Wards MOTION: That said resolution be adopted. 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and increase to purchase orders to Matich Corporation and/or Vulcan Materials/Cal Mat Division to supply materials for roadway pavement rehabilitation for use by the Public Services Department. (See Attached) (Cost to the City -- $1,206,550 from various funds.) All Wards MOTION: That said resolution be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase of a purchase order to Precision Cold Planing Company to supply cold milling services for roadway pavement rehabilitation for use by the Public Services Department. (See Attached) (Cost to the City -- $103,050 from various funds.) All Wards MOTION: That said resolution be adopted. 10 12/01/2003 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the purchase order between the City of San Bernardino and Guzman Construction Co., for repair of sidewalks, curbs, gutters, and driveways at various CIP project locations throughout the City of San Bernardino. (See Attached) (Cost to the City -- $103,500 [$71,000 from the Gas Tax Fund and $32,500 from the % Cent Sales and Road Tax Fund.]) All Wards MOTION: That said resolution be adopted. Water Department 27. Resolution of the Mayor and Common Council of the City of San Bernardino approving a grant of easement to Mountainview Power Company LLC, a Delaware Limited Liability Company, for the construction, maintenance, operation and repair of a wastewater discharge line in the City of San Bernardino, located at 1494 South Waterman Avenue, and approving a three party agreement between Mountainview Power Company LLC, the San Bernardino Golf Club and the City of San Bernardino regarding said wastewater discharge line. (See Attached) (No cost to the City.) Ward 3 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at Le~islative Review Committee on November 18, 2003 Council Members present: McGinnis, Lon~ville and Derry 28. Ordinances amending Chapter 15.10 of the San Bernardino Municipal Code and adopting Section 15.10.090, to include the Fire Threat Zone Building and Landscaping Standards. (See Attached) A. Urgency Ordinance of the City of San Bernardino amending Chapter 15.10 of the San Bernardino Municipal Code to include the fire threat zone building and landscaping standards. URGENCY (Ordinance not available at time of printing.) MOTION: That said urgency ordinance be adopted. (Item Continued on Next Page) 11 12/01/2003 28. Continued. B. Ordinance of the City of San Bernardino amending Chapter 15.10 of the San Bernardino Municipal Code to include the Fire Threat Zone Building and Landscaping Standards. FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. Heard at Grants Committee on November 18, 2003 - Council Members present: Estrada and McCammack 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a grant from the Murray Hayden Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 to renovate the Norton Gymnasium Facility. (See Attached) MOTION: That said resolution be adopted. Heard at Ways and Means Committee on November 19, 2003 - Council Members Present: McCammack, McGinnis and Derry 30. Resolutions concerning cooperative agreements between the City, EDA and San Bernardino Associated Governments (SANBAG) regarding the Metrolink Commuter Rail Station and the Santa Fe Depot. (See Attached) (Cost to the City - To be determined. ) Ward 1 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Cooperative Agreement 04-040 between San Bernardino Associated Governments (SANBAG) and the City of San Bernardino concerning the Metrolink Commuter Rail Station and the Santa Fe Depot. B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the Second Amendment to Cooperative Agreement 93-066 among San Bernardino Associated Governments (SANBAG), the Economic Development Agency of the City of San Bernardino, and the City of San Bernardino relative to the conveyance of title and termination of Cooperative Agreement 93-066 concerning the Metrolink Commuter Rail Station and the Santa Fe Depot. (Item Continued on Next Page) 12 12/01/2003 30. Continued. C. Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of the Second Amendment to Cooperative Agreement 93-066 among San Bernardino Associated Governments (SANBAG), the Economic Development Agency of the City of San Bernardino, and the City of San Bernardino relative to the conveyance of title and termination of Cooperative Agreement 93-066 concerning the Metrolink Commuter Rail Station and the Santa Fe Depot. MOTION: That said resolutions A-C, be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS Development Services TO BE HEARD AT 4:00 P.M. 31. Public hearing - resolution ordering work - Irvington Avenue and Olive Avenue Area Landscape Maintenance Assessment District No. 1031. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 5 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing at least fifty percent (50%) affirmative votes for the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping in the area of Irvington and Olive Avenue, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1031, ordering the work, confirming the 2003-2004 Assessment Roll, determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply and terminating Assessment District No. 969. Mayor to open the hearing . . . MOTION: That the public hearing relative to the formation of Irvington A venue and Olive A venue Area Landscape Maintenance Assessment District No. 1031, be closed; and that said resolution be adopted. (4/5ths vote required.) END OF PUBLIC HEARINGS 13 12/01/2003 CONTINUED ITEMS Development Services CONTINUED FROM NOVEMBER 17, 2003 32. Resolution of the City of San Bernardino authorizing the execution of a land lease agreement with Verizon Wireless for use of a portion of Al Guhin Park, located at 3652 West Little League Drive (San Bernardino Blast). (Backup material distributed on November 17, 2003, Item No. 10.) MOTION: That the matter be continued to December 15, 2003. END OF CONTINUED ITEMS STAFF REPORTS City Clerk 33. 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)( I). Development Services 34. Tentative Tract No. 14112 - Foothill and Sterling - project status report. (See Attached) Ward 4 MOTION: That the Mayor and Common Council receive and file the status report. Water Department 35. Authorization to write off adjustment for approximately $11,450 in refuse, sewer, storm drain and East Valley Water District final sewer billings for victims of Old Fire 2003. (See Attached) (Cost to the City - write off adjustments in the amount of $11,450 [$4,750 - Refuse; $3,800 - Sewer; and $300 in storm drain services.) Wards 4,5&7 MOTION: That the Mayor and Common Council approve a write off adjustment approximating $8,850 of combined refuse, sewer, and storm drain services for the victims of the 2003 Old Fire, as well as approximately $2,600 in East Valley Water District final sewer billings. END OF STAFF REPORTS 14 12/01/2003 COMMUNITY DEVELOPMENT COMMISSION AND SAN BERNARDINO CITY HOUSING AUTHORITY Recommended for approval by Redevelopment Committee on November 20, 2003 - Committee Members Present: Anderson, Suarez and Estrada R36. Appropriation of Low/Mod Housing Funds from the Redevelopment Agency to the San Bernardino City Housing Authority. (See Attached) (Cost to the Agency - $150,000 from the Low/Moderate Income Housing Fund.) (Community Development Commission) MOTION #1: That the Community Development Commission of the City of San Bernardino appropriate $150,000 from the Redevelopment Agency Low/Mod Housing Funds to the San Bernardino City Housing Authority for acquisition and administrative costs. (San Bernardino City Housing Authority) MOTION #2: That the San Bernardino City Housing Authority ("Authority") accept the $150,000 Low/Mod Housing Fund appropriation from the Redevelopment Agency for acquisition and administrative costs. 37. 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.) 38. 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, December 15, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 12/01/2003 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. 16 12/01/2003