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HomeMy WebLinkAbout01-21-2003 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TUESDAY, JANUARY 21,2003 - 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 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. 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): David M. Sanborn v. Avila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; (Item Continued on Next Page) 1 01/21/2003 I. Continued. Manta Management Corporation v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Michelle P. Arroyo v. City of San Bernardino, et al. - United States District Court Case No. CV 8967 ABC (SHSx); Adrian Eugene Moore v. City of San Bernardino; San Bernardino Police Department; and Officers Ernesto Antillon; Doug Brennan, Mike Golubic, Sgt. Schwenka, Bustamante, Quiroz and Chief of Police - United District Court, Central District of California Case No. EDCV 01- 03064 D D P (RZ). 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: four potential cases. 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. END OF CLOSED SESSION 2 01/21/2003 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 21, 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. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to Issue warrants as listed on the memorandum dated January 5, 2003 from Barbara Pachon, Director of Finance, be approved. 3 01/21/2003 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated January 15, 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 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a settlement agreement and general release with In Touch Communications, Inc., concerning utility user's tax. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Attorney 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to represent the City in the case of Michelle P. Arroyo v. City of San Bernardino, et al. (See Attached) MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium, & Haws and the City of San Bernardino to represent the City in the case of Dale Blackwell v. City of San Bernardino, et al. (See Attached) MOTION: That said resolution be adopted. II. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Jeff and Lisa Harvey for utilization of bloodhounds at the San Bernardino Police and Fire Departments. (Resolution not available at time of printing. MOTION: That said resolution be adopted. 4 01/21/2003 Development Services 12. Resolution of the City of San Bernardino approving Amendment No. 2 to Agreement for Professional Services with David Evans and Associates, Inc. for additional design services associated with the design of the widening of Del Rosa Drive and Third Street at the San Bernardino International Airport. (See Attached) (Cost to the City -- $1,000 from the Street Construction Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a revised Freeway Agreement with the State of California, Department of Transportation (CALTRANS) for the right-of-way acquisition and construction of the State Route 215 Freeway. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Pro Tech Engineering Corp., for street lighting on Base Line Street from Victoria Avenue to a point 1000' westerly, per Plan No. 10397. (See Attached) (Cost to the City - $30,000 from the Traffic Systems Construction Fund. ) Ward 7 MOTION: That said resolution be adopted. 15. Resolution of the City of San Bernardino declaring its intention to order the vacation of a 10- foot public utility easement located between 20th Street and 21 51 Street, west of Kenwood Avenue. (See Attached) (No cost to the City -- $1,000 fee paid by applicant.) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. 16. Authorization to advertise a Notice Inviting Bids for the sale of three City owned parcels located north and south of Orange Show Road, west of Waterman Avenue. (See Attached) (No cost to the City.) Ward 3 (Item Continued on Next Page) 5 01/21/2003 16. Continued. MOTION: That the Director of Development Services be authorized to advertise a Notice Inviting Bids for the sale of three City owned parcels located north and south of Orange Show Road, west of Waterman Avenue (Parcel One: APN 0136-431-34; Parcel Two: APN 0136-431-35; Parcel Three: APN 0136-441-26). Human Resources 17. Resolution of the City of San Bernardino amending Resolution No. 6413, Section Ten, entitled in part "A Resolution... establishing a basic compensation plan..."; by updating information codifying prior Council actions (General Unit). (See Attached) (No additional cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino amending Resolution No. 6429, entitled in part "A Resolution.. .establishing a basic compensation plan for officers and/or employees of the Police and Fire Departments of the City of San Bernardino." (See Attached) (No additional cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 19. Resolution of the Mayor and Common Council of the City of San Bernardino or her designee to execute an agreement to provide mentoring services for the County of San Bernardino Community Services Department for the period October 15, 2002 through October 14, 2003. (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 6 01/21/2003 Police Department 20. Resolution of the Mayor and Common Council ratifying the signature of the Mayor's designee for a one month extension of the current contract with the Wackenhut Corporation and authorizing a service agreement and annual purchase order to the Wackenhut Corporation in an amount not to exceed $149,021 for jail operations effective 2-1-03 through 6-30-03. (Cost to the City -- $173,821 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing I) an increase to the annual 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; and 2) issuance of three separate purchase orders to Matich Corporation and/or Vulcan Materials/Cal Mat Division to supply asphalt materials for roadway pavement rehabilitation of three capital improvement projects. (See Attached) (Cost to the City -- $69,300 from the General Fund, and $42,500 from the % Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Wards 4,6&7 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval by the Grants Committee on November 25, 2002 - Committee Members Present: McCammack and Anderson 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to accept the grant for the California State University Partnership from the State Department of Alcohol Beverage Control in the amount of $50,000. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 7 01/21/2003 Recommended for approval by the Grants Committee on January 14, 2003 - Committee Members Present: McCammack & Anderson 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of a grant application to the State of California Business, Transportation and Housing Agency, Office of Traffic Safety (OTS) in the amount of $90,000. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. Recommended for approval by the Grants Committee on January 14, 2003 - Committee Member Present: McCammack & Anderson 24. Resolution of the City of San Bernardino authorizing the Police Department to apply for Year Two funding to continue the Value-Based Initiative Grant and expend grant funds in accordance with the grant expenditure budget. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval by the Personnel Committee on January 13, 2003 - Committee Members Present: McGinnis, Suarez and McCammack: 25. Reclassify one (I) Administrative Clerk III to Secretary in the Code Compliance Department. (See Attached) MOTION #1: That the Mayor and Common Council reclassify the Administrative Clerk III, Range 1321, $2,201-$2,675 to Secretary, Range 1341, $2,432-$2,956 in the Code Compliance Department; and MOTION #2: That the Human Resources Director be directed to update Resolution No. 6413, Section Ten to reflect this particular action. END OF COMMITTEE CONSENT PUBLIC HEARING TO BE HEARD AT 4:00 P.M. 26. Public hearing - Resolution of Necessity for the acquisition of real property by eminent domain - corner of 2nd Street and Viaduct Boulevard, relative to the extension of Giovanola Avenue. (See Attached) (Cost to the City -- $45,800 from the Gas Tax Fund. ) Ward 1 (Item Continued on Next Page) 8 01/21/2003 26. Continued. Resolution of the City of San Bernardino finding and determining that the public interest and necessity require the acquisition of a portion of certain real property located on the northeast corner of 2nd Street and Viaduct Boulevard relative to the extension of Giovanola Avenue, in San Bernardino. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2002- 03 Gas Tax Budget and transfer $45,800 from Account No. 126- 369-5504-7345 (Miscellaneous Street Projects) to Account No. 126-369-5504-7351 (Right of Way- Giovanola & 2nd Street). TO BE HEARD AT 4:00 P.M. 27. Public hearing - Resolutions of Necessity for the acquisition of real property (3 parcels) by eminent domain - extension of Campus Parkway (formerly referenced as Pepper Linden Drive) north of Kendall Drive. (See Attached) (Cost to the City -- $99,280 from the Gas Tax Fund.) Ward 5 A. Resolution of the City of San Bernardino finding and determining that the public interest and necessity require the acquisition of a portion of certain real property located north of Kendall Drive, east of the Devil's Creek Flood Control Channel, known as Assessor's Parcel Number 0261-231-06, relative to the extension of Campus Parkway, formerly referenced as Pepper Linden Drive, in San Bernardino. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino finding and determining that the public interest and necessity require the acquisition of a portion of certain real property located north of Kendall Drive, east of the Devil's Creek Flood Control Channel, known as Assessor's Parcel Number 0261-231-07, relative to the extension of Campus Parkway, formerly referenced as Pepper Linden Drive, in San Bernardino. (Resolution not available at time of printing.) (Item Continued on Next Page) 9 01/21/2003 27. Continued. C. Resolution of the City of San Bernardino finding and determining that the public interest and necessity require the acquisition of a portion of certain real property located north of Kendall Drive, east of the Devil's Creek Flood Control Channel, known as Assessor's Parcel Number 0261-231-27, relative to the extension of Campus Parkway, formerly referenced as Pepper Linden Drive, in San Bernardino. (Resolution not available at time of printing.) MOTION #1: That the hearing relative to partial acquisition of right of way, slope and drainage easement for APN 0261-231-06 (McGrew), be closed; and MOTION #2: That the hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-07 (Haensly), be closed; and MOTION #3: That the hearing relative to partial acquisition of a slope and drainage easement for APN 0261-231-27 (Sehremelis), be closed; and MOTION #4: That said resolutions A-C, be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS Development Services CONTINUED FROM DECEMBER 2, 2002 28. Request for continuance of Resolution approving Final Map for Tentative Tract No. 14112, located northeasterly of the intersection of Foothill Drive and Sterling Avenue. (New Staff Report Attached) (Original backup material was distributed on December 3, 2001, Item No. 28; continued to March 4, 2002, Item No. 24; continued to June 3, 2002, Item No. 26; continued to December 2,2002, Item No. 28.) Ward 4 MOTION: That the Final Map for Tentative Tract No. 14112 be continued to the meeting of May 19, 2003. END OF CONTINUED ITEMS 10 01/21/2003 STAFF REPORTS City Administrator 29. Resolution of the Mayor and Common Council of the City of San Bernardino granting a revocable license to the Southern California Gas Company for its operation in the City of San Bernardino. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 30. Item deleted. Council Office 31. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the mission statement for a coalition of Organized Labor and Local Governments within the Inland Empire created under the auspices of the League of California Cities Grassroots effort for the purpose of protecting local government services and revenues. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 32. Presentation by SANBAG to obtain Council comments regarding the status of Route 210 Project and overall SANBAG funding issues. (See Attached) Mayor's Office TO BE HEARD AT 4:00 P.M. 33. An Ordinance of the City of San Bernardino amending Chapter 8.60 of the San Bernardino Municipal Code relating to Fireworks. FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS 11 01/21/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING TUESDAY, JANUARY 21,2003 - 7:00 P.M. PRESENT: ABSENT: Recommended for approval by the Redevelopment Committee on January 9,2003 - Members Present: Anderson, Suarez and Estrada TO BE HEARD AT 7:00 P.M. R34. Public hearing - multi-family Mortgage Revenue Bonds for the Sycamore Ridge Apartments by the California Statewide Communities Development Authority. Ward 7 Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of Multi-Family Housing Revenue Bonds by the California Statewide Communities Development Authority for the Sycamore Ridge Apartments in the City of San Bernardino, California. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. R35. Authorize execution of Change Order No. One to contract with Fibrwrap Construction, Inc. for seismic retrofit and repair of City's five-level parking structure, per Plan No. 10304-A. (See Attached) (Cost to the Agency -- $28,317.93 from EDA Funds.) Ward 1 MOTION #1: That the Community Development Commission authorize approval of the use of bond proceeds in the amount of $28,317.93 for Change Order No. One with the agreement with Fibrwrap Construction, Inc. (Item Continued on Next Page) 12 01/21/2003 R35. Continued. MOTION #2: That the Mayor and Common Council authorize the execution of Change Order No. One, to contract with Fibrwrap Construction, Inc. in the amount of $28,317.93 for seismic retrofit and repair of City's five-level parking structure, per Plan No. 10304-A. Recommended for approval by the Redevelopment Committee on January 9,2003 - Members Present: Anderson, Suarez and Estrada R36. Acceptance of additional Neighborhood Initiative Program (NIP) Funds in the amount of $1 million - use of NIP Funds; and Amendment No.2 to City and Agency Infrastructure Agreement. Ward 2 MOTION #1: That the Community Development Commission accept from the County of San Bernardino Neighborhood Initiative Program (NIP) Grant Fund an additional $1 million and authorize the Agency Executive Director to implement the two new NIP Programs, the Multi-Family Housing Exterior Beautification Grant and Infill Affordable Housing Grant as described in the staff report, dated January 9, 2003, from Maggie Pacheco, Deputy Director, Economic Development Agency; A. Resolution of the Community Development Commission of the City of San Bernardino authorizing the Agency Executive Director to execute Amendment No.2 to the Agreement dated July 1,2002 by and between the Redevelopment Agency and the City of San Bernardino for the provision of additional infrastructure improvements in Neighborhood Initiative Program (NIP) Target Area #1. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor, or her designee, to execute Amendment No.2 to the Agreement dated July 1,2002 by and between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino for the provision of additional infrastructure improvements in Neighborhood Initiative Program Target Area #1. (Resolution not available at time of printing.) MOTION #2: That said resolutions A & B, be adopted. 13 01/21/2003 Recommended for approval by the Redevelopment Committee on January 9,2003 - Members Present: Anderson and Suarez R37. A Resolution of the Community Development Commission of the City of San Bernardino authorizing the Executive Director of the Redevelopment Agency to execute Amendment No. I to the 1999 Grant Agreement by and between Casa Ramona, Inc., and the Redevelopment Agency of the City of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 38. 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.) 39. Adjournment. MOTION: That the meeting be adjourned to Monday, January 27, 2003, at 9:00 a.m., in the Economic Development Agency Boardroom to review the Fiscal Year 200212003 City and Economic Development Agency budgets. NOTE: The next joint regular meeting is scheduled for I: 30 p. m., Monday, February 3, 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. 14 01/21/2003 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. 15 01/21/2003