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HomeMy WebLinkAbout01-06-2003 Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 6, 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 pages 8-9.) 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 the 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): In Re Bankruptcy of CYSA-South San Bernardino Soccer Foundation - Case No. RS 02-18493MG; (Item Continued on Next Page) 1 01/06/2003 I. Continued. San Bernardino Redevelopment Agency v. William H. Cooper - San Bernardino Superior Court Case No. SCVSS 67622; David M. Sanborn v. Avila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; Manta Management Corporation v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. 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: Van Rossum claim. 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 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) Fire negotiation issue G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Property: APN 155361-22 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Bernard Kersey, General Manager, on behalf of the City of San Bernardino Water Department Under Negotiation: Purchase terms & conditions 2 01/06/2003 END OF CLOSED SESSION 3 01/06/2003 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 16, 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. 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: December 2,2002 (Distributed on 12/23/02) 4 01/06/2003 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 5, 2002 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 January 2, 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. Code Compliance LAID OVER FROM DECEMBER 16, 2002 9. An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 15.24.050 Maintenance requirements for multi- residential, commercial and industrial properties. FINAL READING (Backup material was distributed on December 16, 2002, Item No. 25.) MOTION: That said ordinance be adopted. Development Services LAID OVER FROM DECEMBER 16, 2002 10. An ordinance of the City of San Bernardino amending Section 19.24.040 of the San Bernardino Municipal Code (Development Code) related to parking requirements for restaurants. FINAL READING (Backup material was distributed on December 16, 2002, Item No. 28.) MOTION: That said ordinance be adopted. II. Resolutions awarding contracts for Landscape Maintenance Assessment District Nos. 959 (Zone I) and 982. (See Attached) A. Resolution of the City of San Bernardino awarding a contract to Golden West Landscape Contractors for the maintenance of landscaping in Assessment District No. 959 (Zone I, Area "C"). (Cost to the City -- 5 01/06/2003 $63,492.50 from the Special Assessments Fund.) (Resolution not available at time of printing.) Ward 4 II. Continued. B. Resolution of the City of San Bernardino awarding a contract to R P Landscape & Irrigation for the maintenance of landscaping in Assessment District No. 982, (Area "D"). (Cost to the City -- $3,980.00 from the Special Assessments Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolutions A & B, be adopted. 12. 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 California Street and 16th Street area without compliance with the 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. 1029; 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 has been paid by applicant.) Ward 6 MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and declaring Olive A venue between Belmont A venue and Garfield Street a through highway. (See Attached) (Cost to the City -- $1,000 from the General Fund. ) Ward 5 MOTION: That said resolution be adopted. 14. 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 Twenty-first Street between Muscupiabe Drive and Lincoln Drive. (See Attached) (Cost to the City -- $1,200 from the General Fund.) Ward 6 6 01/06/2003 MOTION: That said resolution be adopted. Mayor's Office 15. Funding approval of Fine Arts and Cultural Agreements for Fiscal Year 2002- 2003. (See Attached) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Canto Bello Master Chorale for the promotion of arts and culture. (Cost to the City -- $4,560 from the General Fund.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the CSUSB Foundation, Coyote Conservatory for the Arts for the promotion of arts and culture. (Cost to the City -- $5,424 from the General Fund.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Inland Dance Theatres, Inc. for the promotion of arts and culture. (Cost to the City -- $9,600 from the General Fund.) D. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Junior University of San Bernardino, Inc. for the promotion of arts and culture. (Cost to the City -- $4,272 from the General Fund.) E. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino- Riverside Counties District Metropolitan Opera Auditions for the promotion of arts and culture. (Cost to the City -- $3,500 from the General Fund.) F. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Prime Time Choraliers for the promotion of arts and culture. (Cost to the City -- $1,148 from the General Fund.) G. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Valley Community Concert Association for the promotion of arts and culture. (Cost to the City -- $10,248 from the General Fund.) 7 01/06/2003 H. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture. (Cost to the City -- $36,367 from the General Fund.) (Item Continued on Next Page) 15. Continued. I. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sturges Family Playhouse for the promotion of arts and culture. (Cost to the City -- $8,843 from the General Fund.) MOTION: That said resolutions A-I, be adopted. Parks, Recreation & Community Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution of a contractual agreement between the City of San Bernardino and Diamond Creations Inc. for concession services at the San Bernardino Soccer Complex. (See Attached) (No cost to the City - Anticipated revenue $35,000 - $40,000) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR STAFF REPORTS Council Office 17. Legislative Task Force Update. Development Services 18. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission of the County of San Bernardino for the reorganization, to include annexation, of three non-contiguous unincorporated areas generally located east of Central Avenue, north of Atlantic Avenue. (See 8 01/06/2003 Attached) (Cost to the City -- $2,250 from the General Fund.) not available at time of printing.) (Resolution Ward 4 MOTION: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION ITEMS CONTINUED FROM DECEMBER 2, 2002 R19. Covenant Development Agreement - Covenant Development, Inc., and Amendment No. One to the Loan Agreement for the Verdemont Improvements. (Backup material was distributed on December 2,2002, Item No. R35.) Ward 5 A. A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Agency Executive Director to execute the Amendment No. I to the Loan Agreement for the Verdemont improvements dated January 15, 1993 by and between the Redevelopment Agency and the City of San Bernardino which provides for the collection and distribution of certain development fees (from the Dr. Feldkamp predecessor to Covenant Development, Inc., Bice and Glaziers properties) to fund the construction of the Verdemont Fire Station. (Backup material was distributed on December 2, 2002, Item No. R35B.) (Resolution not available at time of printing.) B. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the Mayor to execute the Amendment No. I to the Loan Agreement for the Verdemont improvements dated January 15, 1993 by and between the Redevelopment Agency and the City of San Bernardino which provides for the collection and distribution of certain development fees (from the Dr. Feldkamp predecessor to Covenant Development, Inc., Bice and Glaziers properties) to fund the construction of the Verdemont Fire Station. (Backup material was distributed on December 2, 2002, Item No. R35C.) (Resolution not available at time of printing.) MOTION: That the matter be continued to January 21,2003. Heard at the Redevelopment Committee Meetin~ on November 21, 2002 - Members Present: Anderson, Suarez and Estrada R20. 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 an agreement by and between the Agency and the Oldtimers Foundation, a 9 01/06/2003 California non-profit organization, for the administration of the Elderly/Special Needs Minor Home Repair Grant Program in the amount of $75,000 annually, for a term of three (3) years, subject to housing funds availability. (See Attached) (Cost to the Agency -- $75,000 for Fiscal Year 2002/2003.) All Wards MOTION: That said resolution be adopted. Heard at the Redevelopment Committee Meetin~ on November 21, 2002 - Members Present: Anderson, Suarez and Estrada R21. A 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 HOME Loan Agreement by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. (NHS) for the acquisition of the property located at 688-698 W. 6th Street (Central City North Redevelopment Project Area/Old Towne San Bernardino). (See Attached) Ward 1 MOTION: That said resolution be adopted. 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.) 22. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 1:30 p.m., Tuesday, January 21,2003, in the Council Chambers of City Hall, 300 North "D" Street. The public portion of the meeting will begin at 3:00 p.m. 10 01/06/2003 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. 11 01/06/2003