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HomeMy WebLinkAbout10-02-2006 Jt. Reg Mtg Agenda Mayor Patrick J. Morris Fin CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. "D" Street Dennis J. Baxter San Bernardino, CA 92418 Vacant Website: www.sbcily.org Neil Derry Chas Kelley San Bernar Rikke Van Johnson sM Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, OCTOBER 2, 2006 - 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 12-14.) 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. 1 10/02/2006 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 - existing litigation - pursuant to Government Code Section 54956.9(a): RDA v. Alvarez, et al. - United States District Court Case No. EDCV 02-142 RT (SGLx) and San Bernardino Superior Court Case No. SCVSS 86091; Santos v. St. Bernardine's - San Bernardino Superior Court Case No. SCVSS 128824; Center for Biological Diversity (Petitioner) v. City, et al. - San Bernardino Superior Court Case No. SCVSS 132463; California Bio-Mass, A California Corporation, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 83473; James Kemp v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 130936. 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: Stewart Cumming v. Northwest Project Area Committee and the Redevelopment Agency Claim filed by City of Riverside/Gage Canal Company C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino and the Redevelopment Agency of the City of San Bernardino v. Upham Development Company, El Corte Ingles, S.A. Company, The Harris Company, and LNR San Bernardino, LLC ((Item Continued on Next Page) 2 10/02/2006 1. Continued. 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: Police Management Fire Management General Bargaining Unit Mid-Management Unit Management Confidential Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Uptown Redevelopment Project Area (La Placita Project) 1. Property: Vacant Land APN: 0138-301-08 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Alice E. Spar, et al., property owner(s) Under Negotiation: Purchase price, terms and conditions Central Cit North Redevelopment Project Area (Downtown cquisition Program) 2. Property Address: 795 West 5`h Street, San Bernardino APN: 0134-093-41 (Item Continued on Next Page) 3 10/02/2006 1. Continued. Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Tien Lee International Limited Corp., Ha-Ram, Inc., and Fu San Limited, Inc., property owners/sellers Under Negotiation: Purchase price, terms, and conditions 3. Property Address: 696 West 5`' Street, San Bernardino APN: 0134-061-21, 22, 25 and 30 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Bruce C. Ko, Christopher C. Ko and Henry C. Ko, property owners/ sellers Under Negotiation: Purchase price, terms, and conditions 4. Property Address: 673 West 5`h Street, San Bernardino APN: 0134-101-02 and 03 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and San Bernardino School Property and Gerardo Garcia, property owners/ sellers Under Negotiation: Purchase price, terms, and conditions Central City North Redevelopment Project Area (Old Towne) 5. Property Address: 631 North "G" Street, San Bernardino APN 0134-021-29 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Willie and Jerry Wagoner and Rose Harris, et al., property owners/sellers Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 4 10/02/2006 RECONVENE MEETING — 3:00 P.M. PRESENT: ABSENT: 2. Appointments. A. Community Television Commission - Frank Guzman - Council Member McCammack. MOTION: That the appointment of Frank Guzman to the Community Television Commission, as requested by Council Member McCammack, be approved. B. Council Personnel Committee - Council Member Estrada - Mayor Morris. MOTION: That Council Member Estrada be appointed to the Council Personnel Committee. 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 normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 24, be adopted except for , and 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 5 10/02/2006 6. Council Minutes. MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: August 21, 2006 (Distributed on 9/21/06) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 18, 2006, 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 September 27, 2006 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. LAID OVER FROM SEPTEMBER 18, 2006 City Clerk 9. An Ordinance of the City of San Bernardino amending Section 5.04.525(D) of the San Bernardino Municipal Code and adding Section 5.04.525(H) to the San Bernardino Municipal Code relating to Business Registration fees based on gross receipts. FINAL READING (Backup material distributed on September 18, 2006, Item No. 24) MOTION: That said ordinance be adopted. Development Services 10. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Hillcrest Contracting, Inc. for street improvements and beautification project on Victoria Avenue from 28' Street to Lynwood Drive - Phase I; (SS05-25), per Project Plan No. 11619. (See Attached) (Cost to the City -- $2,800,000 from the Public Improvement Fund.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 6 10/02/2006 11. Resolution of the Mayor and Common Council of the City of San Bernardino of intention to make application to the Local Agency Formation Commission for annexation of various county islands. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Facilities Management 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract with and issuance of a purchase order to Golden Acquisition Corp. D.B.A. EFS West for the construction, start-up and commissioning of Liquefied Natural Gas/Liquefied to Compressed Natural Gas (LNG/LCNG) fueling station at the City Yard in the City of San Bernardino per Plans and Special Provisions No. 11842. (See Attached) (Cost to the City -- $2,141,500 from various grants and City funds.) (Resolution not available at time of printing.) Ward 1 MOTION #1:That the Mayor and Common Council find the Weaver Electric Inc. bid non-responsive; MOTION #2:That said resolution be adopted; MOTION #3:That the Director of Finance be authorized to amend the FY 2006/2007 adopted budget and appropriate $400,200 from the Refuse fund balance to Account No. 527-415-5193-7449 and appropriate $400,200 from the Sewer fund balance to Account No. 132-431-5193-7449. In addition, the Director of Finance is authorized to increase revenue and expenditures in Account Nos. 242-000-4658 and 242-362-5504-7449 in the amount of $91,200 for the additional CMAQ funds to be received for the project. 13. Reject all bids received for RFQ F-07-08 Air Conditioning Equipment & Boiler Replacement for Norton Gym. (See Attached) Ward 1 MOTION: That the Mayor and Common Council authorize the Purchasing Manager to reject all bids received for RFQ F-07-08 air conditioning equipment and boiler replacement for Norton Gym, and authorize the Purchasing Manager to solicit new bids. 7 10/02/2006 Mayor's Office 14. Set a workshop with State Senator Bob Dutton for November 20, 2006, at 5:00 p.m. in the MIC Room, 6`h Floor of City Hall. (See Attached) MOTION: That a workshop be scheduled for Monday, November 20, 2006, at 5:00 p.m. in the MIC Room, 6' Floor, City Hall. 15. Resolution of the Mayor and Common Council of the City of San Bernardino approving a certain Memorandum of Understanding in connection with an application to the State of California for the designation of an Enterprise Zone within a portion of its territorial jurisdiction. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of Amendment No. 2 of the Title III-B Contract through the County of San Bernardino Department of Aging and Adult Services (DAAS) for assisted transportation for the period July 1, 2006 through June 30, 2007. (See Attached) (No cost to the City -- $20,320 from the State and Federal Programs Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 17. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of Amendment No. 2 of the Title III-B Contract through the County of San Bernardino Department of Aging and Adult Services (DAAS) for senior outreach services for the period July 1, 2006 through June 30, 2007. (See Attached) (No cost to the City -- $5,368 from the State and Federal Programs Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 8 10/02/2006 Police 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the Fifth Amendment to the Memorandum of Understanding (MOU) with the San Bernardino County Auto Theft Task Force (SANCATT). (See Attached) (No additional cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Public Services 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Western Pacific Signal, LLC for the purchase of signal controllers to be utilized by the Street Division. (See Attached) (Cost to the City -- $51,396.75 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to a purchase order with Matich Corporation for asphalt paving services. (See Attached) (Cost to the City -- $1,435 from the General Fund; $17,250 from FEMA, and $4,315 from California State Office of Emergency Services.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Zumar Industries, Inc. for the purchase of traffic signs for repair, removal and replacement of damaged signs, faded signs, vandalized signs, and new installation of signs located throughout the City of San Bernardino. (See Attached) (Cost to the City - $86,897 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 9 10/02/2006 LAID OVER FROM SEPTEMBER 18, 2006 22. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Chapter 8.21; repealing and replacing Chapter 8.24 of the San Bernardino Municipal Code regarding garbage and rubbish and repealing and replacing Chapter 8.25 regarding scavenging of recyclable materials. FINAL READING (Backup material was distributed on September 18, 2006, Item No. 23.) MOTION: That said ordinance be adopted. LAID OVER FROM SEPTEMBER 18, 2006 23. An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Chapter 9.90 of the San Bernardino Municipal Code regarding authority to arrest - citations. FINAL READING (Backup material was distributed on September 18, 2006, Item No. 23A.) MOTION: That said ordinance be adopted. LAID OVER FROM SEPTEMBER 18, 2006 24. An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Section 8.39.020 of the San Bernardino Municipal Code regarding nuisance vehicles. FINAL READING (Backup material was distributed on September 18, 2006, Item No. 23B.) MOTION: That said ordinance be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Committee meeting on June 20, 2006 - Committee Members present: McCammack & Baxter Police 25. Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Shoulder Tap Program grant funds in accordance with the Grant Expenditure Plan. (See Attached) (No cost to the City -- $10,000 from the State and Federal Programs Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 10 10/02/2006 26. Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Minor Decoy Program grant funds in accordance with the Grant Expenditure Plan. (See Attached) (No cost to the City -- $20,000 from the State and Federal Programs Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Ways and Means Committee meeting on September 20, 2006 - Committee Members present: Derry, Estrada and Johnson 27. Resolution of the Mayor and Common Council of the City of San Bernardino amending the Expense and Reimbursement Policy for Legislative Bodies and Ethics Training Policy for Elected and Appointed Officials. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS Development Services TO BE HEARD AT 4:00 P.M. 28. Public meeting - formation of a Landscape Maintenance Assessment District in the Ohio Avenue and Pine Avenue Area (Tract No. 16547 - AD 1047). (See Attached) Ward 5 Mayor to open the public meeting . . . MOTION: That the public meeting relative to the formation of the Ohio Avenue and Pine Avenue Area Landscape Maintenance Assessment District No. 1047, be closed; and protests and ballots, if any, be carried over to the public hearing on October 16, 2006, at 4:00 p.m. END OF PUBLIC HEARINGS 11 10/02/2006 CONTINUED ITEMS CONTINUED FROM SEPTEMBER 18, 2006 Development Services 29. Resolution of the City of San Bernardino approving a Services Agreement with Doulames II Limited, dba Convert-A-Doc for the provision of document imaging services. (Backup material distributed on September 18, 2006, Item No. 15.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM SEPTEMBER 18, 2006 R30. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2006 Property Owner Participation Agreement by and between the Agency and Christopher Cheng-Chyh Ko, Bruce Cheng-Hsieh Ko and Henry Cheng-Ju Ko ("Property Owners") for the development of the property. (696 W. 5' Street) (Backup material was distributed on September 18, 2006, Item No. R33.) Ward I MOTION: That the matter be tabled. CONTINUED FROM SEPTEMBER 18, 2006 TO BE HEARD AT 4:30 P.M. R31. Public hearing - 2006 HOME Funds Development Agreement for development of four (4) single-family in-fill homes - Arroyo Valley Community Economic Development Corporation (Arroyo), a non-profit corporation. (Backup material distributed on September 18, 2006, Item No. R34.) Ward 6 (Item Continued on Next Page) 12 10/02/2006 R31. Continued. (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving an Amendment to the 2005/2010 Consolidated Plan and the 2006/2007 Annual Plan and consenting to the disposition of certain property located on 16`h and Harris Streets (APN: 0144-131-21) and 17' and "J" Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to the terms of the 2006 HOME Funds Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation ("Arroyo") and Inland Empire Concerned African American Churches ("Churches") (collectively referred to as "Developer") - Inland Valley Development Agency (IVDA) Redevelopment Project Area. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving the Disposition of certain property located on 16`' and Harris Streets (APN: 0144-131-21) and 17`h and "J" Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino ("Agency") and authorizing the executive Director of the Agency to execute the 2006 HOME Funds Development Agreement by and between the Agency and Arroyo Valley Community Economic Development Corporation ("Arroyo") and Inland Empire Concerned African American Churches ("Churches") collectively referred to as "Developer") - Inland Valley Development Agency (IVDA) Redevelopment Project Area. Mayor to open the hearing . . . MOTION: That the matter be continued to October 16, 2006. Recommended for approval at the Redevelopment Committee meeting on August 24, 2006 - Committee Members Present: Estrada, Johnson & Baxter TO BE HEARD AT 4:30 P.M. R32. Joint public hearing - Amendment No. 1 to the 2005 40`' Street Redevelopment Project Area Single Family Residential Disposition and Development Agreement - TELACU Development, LLC. (Document not available at time of printing.) Ward 4 (Item Continued on Next Page) 13 10/02/2006 R32. Continued. (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain property located at 267 East 49`h Street (APN: 0154-126-25) by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to Amendment No. 1 to the 2005 40`' Street Redevelopment Project Area Single Family Residential Disposition and Development Agreement (TELACU 491' Street New Homes Project) between the Agency and TELACU Development, LLC ("Developer") - 40`h Street Redevelopment Project Area. (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving Amendment No. 1 to the 2005 40' Street Redevelopment Project Area Single Family Residential Disposition and Development Agreement (TELACU 49`' Street New Homes Project) ("Amendment No. 1") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and TELACU Development, LLC ("Developer"); making certain findings thereto and authorizing the Executive Director of the Agency to execute Amendment No. 1 - 40`h Street Redevelopment Project Area. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A&B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS Recommended for approval at the Legislative Review Committee on September 6, 2006 - Committee Members present: Kelley, Baxter & Derry TO BE HEARD AT 5:30 P.M. 33. Public hearing - Development Code Amendment No. 06-02 to add Section 19.06.025 to the Development Code to prohibit establishment or relocation of specified businesses in the City of San Bernardino. (See Attached) All Wards (Item Continued on Next Page) 14 10/02/2006 33. Continued. A. An Urgency Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.025 (Development Code) and prohibiting the establishment of certain new businesses and the relocation of said businesses in the City, declaring the urgency thereof, and taking effect immediately. URGENCY (Ordinance not available at time of printing.) B. An Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.025 (Development Code) and prohibiting the establishment of certain new businesses and the relocation of said businesses in the City. FIRST READING (Ordinance not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; that said urgency ordinance be adopted; and that said regular ordinance be laid over for final adoption. TO BE HEARD AT 5:30 P.M. 34. Public hearing - resolution to adopt the General Plan Update and the Arrowhead Springs Specific Plan. (See Attached) Resolution of the Mayor and Common Council setting aside portions of Resolution 2005-362 adopted on November 1, 2005, and adopting the Findings of Fact and Statement of Overriding Considerations, as well as adopting the Updated General Plan and the Arrowhead Springs Specific Plan. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. END OF PLANNING ITEMS 15 1 0/02/2006 35. 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.) 36. 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, October 16, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 10/02/2006 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. 17 10/02/2006 SUPPLEMENTAL AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO OCTOBER 2, 2006 S1. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an amendment to the Professional Services Agreement with Kurt Wilson. (See Attached) MOTION: That said resolution be adopted. 1 10/02/2006