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HomeMy WebLinkAbout03-21-2005 Reg. Agenda CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kellev Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 21,2005 - 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. CALL TO ORDER. PRESENT ABSENT PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-rmnute lIrmtatIOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIlICommumty Development COmmISSIOn. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc CLOSED SESSION 1 Pursuant to Government Code SectIOn(s) 1 03/21/2005 MOTION: That the Mayor and Common CouncIl and Commumty Development COmmISSIOn recess to closed seSSIOn for the followmg A Conference wIth legal counsel - eXIstmg lItIgatIOn - pursuant to Government Code SectIOn 54956 9(a) KIranjeet K. Uppal v CIty of San Bernardmo - San Bernardmo Supenor Court Case No SCVSS 121867, CandIce DICk v CIty of San Bernardmo - Umted States DIstnct Court Case No EDCV 02-158 V AP (SGLx), Donna Atabey, et al v CIty of San Bernardmo, et al - San Bernardmo Supenor Court Case No SCVSS 108780, Cuong, Ngo v June Ann DUff, et al - San Bernardmo Supenor Court Case No SCVSS 124013, Raul Velasco v Serene Wnght, et al - San Bernardmo Supenor Court Case No SCVSS 113169 B Conference wIth legal counsel - antIcIpated lItIgatIOn - sIgmficant exposure to lItIgatIOn - pursuant to subdIVIsIOn (b) (1), (2), (3) (A-F) of Government Code SectIOn 54956 9 San Bernardino City Professional Firefighters Local No. 891 v. City of San Bernardino, Larry Pitzer, et al. C Conference wIth legal counsel - antIcIpated lItIgatIOn - ImtIatIOn 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 Cillef of PolIce on matters posmg a threat to the secunty of publIc bUIldmgs or threat to the publIc's nght of access to publIc servIces or publIc facIlItIes - pursuant to Government Code SectIOn 54957 (Item COl1til1ued 011 Next Page) 2 03/21/2005 1 Contmued. F Conference wIth labor negotiator - pursuant to Government Code SectIOn 54957 6 Negotiator Linn LIvmgston, Human Resources DIrector Employee OrgamzatIOn General Umt G Conference wIth real property negotiator - pursuant to Government Code SectIOn 54956 8 1 Property Negotiating Parties Under Negotiation. 2 Property Negotiating Parties Under Negotiation. 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 3 03/21/2005 1 Contmued. (Item Continued on Next Page) Uptown Redevelopment Project Area 3 Property Owner/Seller Buyer APN 0145-242-32 and APN 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") Central City North Redevelopment Project Area 4 Property Address Negotiating Parties Under Negotiation. 640 Crescent Avenue APN 0134-013-18 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, purchasers, and Creative Housing Solutions, property owners Purchase price, terms, and conditions Uptown Redevelopment Project Area 5 Property Address Negotiating Parties Under Negotiation. 756 W 8th Street APN 0140-192-20 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, property owners and Creative Housing Solutions, purchasers Purchase price, terms, and conditions END OF CLOSED SESSION 4 03/21/2005 RECONVENE MEETING - 3:00 P.M. PRESENT ABSENT INVOCATION PLEDGE 2 Appomtments A Plannmg COmmISSIOn - Roger Powell - CouncIl Member LongvIlle (See Attached) MOTION: That the appomtment of Roger Powell to the Plannmg COmmISSIOn, as requested by CouncIl Member LongvIlle, be approved. 3 PresentatIOns A ServIce Pm A wards Ceremony B 2004 Annual Employee RecogmtIOn A ward. 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 mdIcated by consent calendar Items 5 through 20, be adopted except for _, _, _, _, and _ 5 WaIve full readmg of resolutIOns and ordmances MOTION: That full readmg of the resolutIOns and ordmances on the regular, supplemental and addendum to the supplemental agendas of the 5 03/21/2005 Mayor and Common CouncIlICommumty Development COmmISSIOn, be waIved. 6 CouncIl Mmutes (See Attached) MOTION: That the rmnutes of the followmg meetmg of the Mayor and Common CouncIlICommumty Development COmmISSIOn of the CIty of San Bernardmo be approved as subrmtted m typewntten form. February 22, 2005 (Distributed 011 3/14/05) 7 ClaIms and Payroll. (See Attached) MOTION: That the claIms and payroll and the authonzatIOn to Issue warrants as lIsted on the memorandum dated March 15, 2005, from Barbara Pachon, DIrector of Finance, be approved. 8 Personnel ActIOns (See Attached) MOTION: That the personnel actIOns, as subrmtted by the Cillef Exarmner, dated March 15, 2005 m accordance wIth CIvil ServIce rules and Personnel polIcIes adopted by the Mayor and Common CounCIl of the CIty of San Bernardmo, be approved and ratIfied. City Admil1istrator 9 ResolutIOn of the Mayor and Common CounCIl of the CIty of San Bernardmo authonzmg executIOn of Settlement Agreement and Full Release of All ClaIms between the CIty of San Bernardmo and the County of San Bernardmo relatmg to dIsputed Cnrmnal JustIce AdrmmstratIve Fees (See Attached) (Cost to the City -- $173,396 from the Bookil1g Fee Trust FUl1d) (Resolutiol1 110t available at time of pril1til1g.) MOTION: That saId resolutIOn be adopted. 10 ResolutIOn of the Mayor and Common CounCIl of the CIty of San Bernardmo supportmg full Federal fundmg of the Commumty Development Block Grant Program. (See Attached) (No cost to the City.) (Resolutiol1 110t available at time of pril1til1g.) All Wards MOTION: That saId resolutIOn be adopted. 6 03/21/2005 City Attorl1ey LAID OVER FROM MARCH 7, 2005 11 An Ordmance of the CIty of San Bernardmo addmg Chapter 8 35 to TItle 8 of the San Bernardmo MumCIpal Code, establIsillng that any veillcle used to SOlICIt an act of prostItutIOn or to acqUIre or attempt to acqUIre a controlled substance IS a nUIsance subJect to seIzure and Impoundment. FINAL READING. (Backup material distributed 011 March 7, 2005, Item No. 17.) MOTION: That saId ordmance be adopted. City Clerk 12 RevIew and take actIOn regardmg the need for contmumg m 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 contmumg m effect the local emergency caused by the Old Waterman Canyon Fire 13 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo recItmg the facts of the SpecIal MumCIpal ElectIOn held on the 2nd day of November 2004 and dIrectmg the CIty Clerk to file a certIfied copy of the newly-adopted CIty Charter wIth the Secretary of State and wIth the County Recorder (See Attached) (No cost to the City.) (Resolutiol1l1ot available at time of pril1til1g.) All Wards MOTION: That saId resolutIOn be adopted. Developmel1t Services 14 Authonze the DIrector of Development ServIces to execute Change Order No One to contract wIth Kalban ConstructIOn, Inc , for the constructIOn of ADA access ramps and sIdewalk at vanous locatIOns (See Attached) (Cost to the City -- $54,610 from the % Cel1t Sales al1d Road Tax FUl1d.) All Wards MOTION: That the Mayor and Common CouncIl authonze the DIrector of Development ServIces to execute Change Order No One m the amount of $54,610 to contract wIth Kalban ConstructIOn, Inc , 7 03/21/2005 for the constructIOn of ADA access ramps and sIdewalk at varIOUS locatIOns (Phase VI), per Plan No 10992B 15 ResolutIOn of the CIty of San Bernardmo approvmg Amendment No 1 to Common Use Agreement between the CIty of San Bernardmo and the BNSF RaIlway Company for a sIgnal house on Base Lme Street. (See Attached) (No cost to the City.) (Resolutiol1l1ot available at time of pril1til1g.) Ward 1 MOTION: That saId resolutIOn be adopted. 16 ResolutIOn of the CIty of San Bernardmo authonzmg executIOn of a Lease wIth the Umon PacIfic RaIlroad Company for a hike-and-bike traIl, beautIficatIOn and purposes mCIdental thereto on Umon PacIfic RaIlroad Company property along Inland Center Dnve (See Attached) (Cost to the City -- $20,000 from the Traffic Systems COl1structiol1 FUl1d.) (Resolutiol1 110t available at time of pril1til1g.) Ward 3 MOTION: That saId resolutIOn be adopted. 17 Set Jomt publIc hearmg wIth the San Bernardmo Valley MumCIpal Water DIstnct for Monday, Apnl 25, 2005 at 6 30 p m. m the Council Chambers to consIder the North Lake Area and South Lake Area ProJects (See Attached) MOTION: That the Mayor and Common CouncIl set a Jomt publIc hearmg wIth the San Bernardmo Valley MumCIpal Water DIstnct for Monday, Apnl 25, 2005, at 6 30 p m. m the CouncIl Chambers to consIder the North Lake Area and South Lake Area ProJects Fire 18 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo adoptmg the CIty of San Bernardmo' s Hazard MItIgatIOn Plan. (See Attached) (No cost to the City.) (Resolutiol1l1ot available at time of pril1til1g.) All Wards MOTION: That saId resolutIOn be adopted. Parks, Recreatiol1 & Commul1ity Services 19 ResolutIOn authonzmg the Mayor of the CIty of San Bernardmo or her desIgnee to subrmt an applIcatIon to the County of San Bernardmo Preschool ServIces to provIde delegatIOn of actIvItIes servIces for the Head Start/State Preschool Program at Delmann HeIghts Commumty Center (See Attached) (No cost to the Gel1eral FUl1d.) (Resolutiol1l1ot available at time of pril1til1g.) 8 03/21/2005 All Wards MOTION: That saId resolutIOn be adopted. 20 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executIOn of an Agreement between the CIty of San Bernardmo and CalIfornIa State UmversIty, San Bernardmo provIdmg for the UmversIty's use of FiscalIm Field. (See Attached) (No cost to the City.) (Resolutiol1 110t available at time of pril1til1g.) Ward 2 MOTION: That saId resolutIOn be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommel1ded for approval at the Le~islative Review Committee 011 March 8, 2005 - Members presel1t: Derry, Jolmsol1 al1d Kelley City Attorl1ey 21 An Ordmance of the CIty of San Bernardmo amendmg SectIOn 8 24 010 of the San Bernardmo MumCIpal Code, defimtIOns regardmg dumpmg, and SectIOn 8 24 080 of the San Bernardmo MumCIpal Code regardmg dumpmg garbage, rubbIsh, recyclable dIscards, or greenwaste on another's property FIRST READING (Ordil1al1ce 110t available at time of pril1til1g.) MOTION: That saId ordmance be laId over for final adoptIOn. 22 An Ordmance of the CIty of San Bernardmo amendmg SectIOn 8 15 020 of the San Bernardmo MumCIpal Code, defimtIOns regardmg lItter, and SectIOn 8 15 170 (B) of the San Bernardmo MumCIpal Code regardmg enforcement. FIRST READING (Ordil1al1ce 110t available at time of pril1til1g.) MOTION: That saId ordmance be laId over for final adoptIOn. Recommel1ded for approval at the Persol1l1el Committee 011 March 14, 2005 - Members presel1t: LOI1~ville al1d McCammack City Attorl1ey 23 AuthonzatIOn to fund the posItIOns of AssIstant CIty Attorney and Legal Secretary I for the CIty Attorney's Office (Documel1t 110t available at time of pril1til1g.) 9 03/21/2005 MOTION #1: That the Mayor and Common Council fund the posItIOn of Legal Secretary I, Range 3380, $2,954-$3,591 per month, and (Item COl1til1ued 011 Next Page) 23 Contmued. MOTION #2: That the Mayor and Common CouncIl fund the posItIOn of AssIstant CIty Attorney, Range 4601, $8,894-$10,811 per month, and MOTION #3: That the Mayor and Common CouncIl authonze the Human Resources Department to update ResolutIOn No 6413 to reflect tills actIOn, and MOTION #4: That the Mayor and Common CouncIl authonze the DIrector of Finance to amend the CIty Attorney's Office FY 2004/05 adopted budget by transfernng $40,162 from Account No 001-092- 5XXX, General Government Unreserved/UndesIgnated fund balance, to Account No 001-05l-5XXX (SalarIes/Perm/Full Time) Fil1al1ce 24 Reorgamze the Purchasmg DIvIsIOn of the Finance Department and reclassIfy the posItIOn of Accountmg TechmcIan II (ConfidentIal) m the Finance Department to Accountant and adJust the range for the Accountant III posItIOn. (See Attached) MOTION #1: That the Mayor and Common Council downgrade the posItIOn of Purchasmg Manager (Range 4515, $5,792-$7,040 per month) to AdrmmstratIve ServIces Manager (Range 4466, $4,536-$5,514 per month), and MOTION #2: That the Mayor and Common CouncIl reclassIfy the posItIOn of AssIstant Buyer (Range 1373, $2,853-$3,467 per month) to Buyer (Range 2426, $3,716-$4,516 per month), and MOTION #3: That the Mayor and Common CouncIl reclassIfy the posItIOn of Accountmg TechmcIan II (ConfidentIal) (Range 3412, $3,465- $4,212 per month) to Accountant (Range 3454, $4,273-$5,193 per month), and 10 03/21/2005 MOTION #4: That the Mayor and Common CouncIl adJust the salary range for the posItIOn of Accountant III from Range 2445 ($4,085-$4,965 per month) to Range 2465 ($4,513-$5,486 per month), and MOTION #5: That the Human Resources Department be dIrected to update ResolutIOn No 6413 as needed to reflect tills reclassIficatIOn. Humal1 Resources 25 ReclassIficatIOn of the posItIOns of Risk Management Coordmator and LiabIlIty ClaIms AdJuster - salary amendmentlbargaImng umt change (See Attached) MOTION #1: That the Mayor and Common CouncIl reclassIfy the posItIOn of Risk Management Coordmator (Range 2489, $5,087-$6,184 per month) to Risk Manager (Range 4489, $5,087-$6,184 per month), and MOTION #2: That the Mayor and Common CouncIl reclassIfy the posItIOn of LiabIlIty ClaIms AdJuster (Range 1444, $4,065-$4,491 per month) to Risk Management SpecIalIst (Range 1444, $4,065- $4,941 per month), and MOTION #3: That the Mayor and Common CouncIl adJust the salary range for the posItIOn of Workers' CompensatIOn Manager from Range 4486 ($5,012-$6,092 per month) to Range 4489 ($5,087-$6,184 per month), and MOTION #3: That the Mayor and Common CouncIl move the salary range for the posItIOn of Human Resources SupervIsor from Range 3474 ($4,721-$5,738 per month) to Range 4474 ($4,721-$5,738 per month), and MOTION #4: That the Human Resources Department be authonzed to update ResolutIOn No 6413 to reflect tills actIOn. Public Services 26 EstablIsh the posItIOn of AdrmmstratIve OperatIOns SupervIsor m the Refuse DIvIsIOn of the PublIc ServIces Department. (See Attached) MOTION #1: That the Mayor and Common CouncIl establIsh the posItIOn of AdrmmstratIve OperatIOns SupervIsor, Range 2441, $4,004- $4,867 per month, and 11 03/21/2005 MOTION #2: That the Mayor and Common CouncIl leave vacant the posItIOn of EnvIronmental ProJect AssIstant, Range 1372, $2,838-$3,450 per month, and MOTION: That the Human Resources Department be authonzed to update ResolutIOn No 97-244 to reflect tills actIOn. Recommel1ded for approval at the Gral1ts Committee 011 March 15, 2005 - Members presel1t: McCammack, Estrada al1d LOI1~ville Developmel1t Services 27 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo ratIfymg the subrmttal of a grant applIcatIOn for South Coast AIr QualIty funds m the amount of $149,058 for the constructIOn of the East Valley LCNG regIOnal fuelmg statIOn, and authonzmg the DIrector of Development ServIces to adrmmster the grant. (See Attached) (No cost to the City -- $149,058 il1 potel1tial gral1t fUl1dil1g for this project.) (Resolutiol1 110t available at time of pril1til1g.) Ward 1 MOTION: That saId resolutIOn be adopted. Police 28 ResolutIOn of the CIty of San Bernardmo authonzmg the oblIgatIon and expendIture of the allocated FY 05/06 JustIce AssIstance Grant (JAG) Funds and authonzmg the sIgmng of a JAG MultI-JunsdIctIOn Memorandum of Understandmg wIth the County of San Bernardmo (See Attached) (Resolutiol1 110t available at time of pril1til1g.) MOTION: That saId resolutIOn be adopted. END COMMITTEE CONSENT Fire 29 Approve the recommendatIOns to the Mayor and Common CouncIl by the Fire Department Response Standards Ad Hoc COmmIttee (See Attached) MOTION: That the recommendatIOns to the Mayor and Common CouncIl by the Fire Department Response Standards Ad Hoc COmmIttee be approved subJect to fundmg aVaIlabIlIty 12 03/21/2005 PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Clerk 30 PublIc hearmg - resolutIOn Imposmg lIens on property located wItilln the CIty for uncollected busmess regIstratIOn fees (See Attached) (No cost to the City.) (Item COl1til1ued 011 Next Page) 30 Contmued. ResolutIOn of the CIty of San Bernardmo Imposmg lIens on certaIn parcels of real property located wItilln the CIty of San Bernardmo for uncollected busmess regIstratIOn fees (Resolutiol1l1ot available at time of pril1til1g.) Mayor to opel1 the hearil1g . . . MOTION: That the hearmg be closed, that the CIty Clerk be dIrected to adrmmstratIvely remove any propertIes from ExhibIt A, willch have been paId pnor to the heanng, and that saId resolutIOn be adopted. CONTINUED FROM MARCH 7, 2005 TO BE HEARD AT 4:00 P.M. Developmel1t Services 31 PublIc hearmg - resolutIOn ordenng work - Orange Show Road and Arrowhead Avenue Landscape MaIntenance Assessment DIstnct No 1038 (Parcel No 16222) (Backup material was distributed 011 February 7, 2005, Item No. 18; item was cOl1til1ued to February 22, 2005, Item No. 17, al1d item was cOl1til1ued from March 7,2005, Item No. 18.) Ward 3 ResolutIOn of the CIty of San Bernardmo findmg and detenmmng the eXIstence of less than a maJonty protest, that ballots representmg at least fifty percent (50%) affirmatIve votes for the proposed assessment have been receIved and that the publIc convemence and necessIty reqUIre the maIntenance of landscapmg m the area of Orange Show Road and Arrowhead Avenue, approvmg the Final Engmeer's Report, creatmg an assessment dIstnct to cover the costs of saId work, confinmng the 2005-2006 Assessment Roll, and detenmmng that the SpecIal Assessment InveStIgatIOn, LIrmtatIOn and MaJonty Protest Act of 1931 shall not apply The hearil1g remail1s opel1 . . . 13 03/21/2005 MOTION: That the matter be contmued to Apnl4, 2005 END OF PUBLIC HEARINGS 32 PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA A three-rmnute lIrmtatIOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIl/Commumty Development COmmISSIOn on a matter not on the agenda. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc (Usually any Items heard under tills headmg are referred to staff for further study, research, completIOn and/or future Council/COmmISSIOn actIOn.) 33 AdJournment. MOTION: That the meetmg be adJourned. NOTE: The next Jomt regular meetmg of the Mayor and Common CouncIl/Commumty Development COmmISSIOn IS scheduled for 1 30 p m., Monday, Apnl 4, 2005, m the CouncIl Chambers of CIty Hall, 300 North "D" Street, San Bernardmo, CalIfornIa. 14 03/21/2005 NOTICE: Any member of the publIc may address tills meetmg of the Mayor and Common CouncIlICommumty Development COmmISSIOn on any Item appearmg on the agenda by approacillng the rmcrophone m the CouncIl Chambers when the Item about willch the member desIres to speak IS called and by askmg to be recogmzed. Any member of the publIc deslflng to speak to the Mayor and Common CouncIlICommumty Development COmmISSIOn concernIng any matter not on the agenda but willch IS wItmn the subJect matter JunsdIctIOn of the Mayor and Common CouncIlICommumty Development COmmISSIOn, may address the body at the end of the meetmg, dunng the penod reserved for publIc comments SaId total penod for publIc comments shall not exceed forty-five (45) rmnutes, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COmmISSIOn. A three rmnute lIrmtatIOn shall apply to each member of the publIc, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COmmISSIOn. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc The Mayor and Common CouncIlICommumty Development COmmISSIOn may refer any Item raIsed by the publIc to staff, or to any COmmISSIOn, board, bureau, or COmmIttee for appropnate actIOn or have the Item placed on the next agenda of the Mayor and Common CouncIlICommumty Development COmmISSIOn. However, no other actIOn shall be taken nor dIscussIOn held by the Mayor and Common CouncIlICommumty Development COmmISSIOn on any Item willch does not appear on the agenda unless the actIOn IS otherwIse authonzed m 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 hearmg has been conducted and closed. 15 03/21/2005