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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; 1 12/20/2004 (Item Continued on Next Page) 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 2 12/20/2004 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) 3 12/20/2004 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 4 12/20/2004 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. 5 12/20/2004 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. 6 12/20/2004 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 7 12/20/2004 (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. 8 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); 9 12/20/2004 (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 10 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; 11 12/20/2004 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. 12 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. 13 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. 14 12/20/2004 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. 15 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. 16 12/20/2004