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HomeMy WebLinkAbout02-03-2003 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, FEBRUARY 3,2003 -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): David M. Sanborn v. Avila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; 1 02/03/2003 (Item Continued on Next Page) I. Continued. Manta Management Corporation v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Robert Miller v. City of San Bernardino, et al. - United States District Court Case No. EDCV 09-407- V AP (SGLx); California Bio-Mass, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 083473; Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-0304 B; Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez, et al.- United States District Court Case No. EDCV 02-142 RT (SGLx). 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 2 02/03/2003 (Item Continued on Next Page) I. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: 303 West 3rd Street Negotiating Parties: Gary Van Director, on Redevelopment L.L.c. Osdel, Executive behalf of the Agency and 303 Under Negotiation: Purchase terms & conditions END OF CLOSED SESSION 3 02/03/2003 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 II, 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. MOTION: That the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: December 16, 2003 (Distributed on 1/27/03) January 6, 2003 (Distributed on 1/28/03) 4 02/03/2003 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to Issue warrants as listed on the memorandum dated January 22, 2003 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 29, 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. Development Services 9. Resolution of the City of San Bernardino authorizing the Mayor to execute the revised Agreement with Omnitrans relative to obtaining the Federal Transit Administration funding for the renovation and restoration of the historical Santa Fe Depot. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Human Resources 10. Resolution of the City of San Bernardino approving a side letter adding further language regarding military leave to Resolution 2001-303, implementing a Memorandum of Understanding between the City of San Bernardino and employees in the General Bargaining Unit. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. II. Resolution of the City of San Bernardino approving a side letter adding further language regarding military leave to Resolution 2001-94, implementing the Compensation and Benefits Plan between the City of San Bernardino and the San Bernardino Management/Confidential and Unclassified Employees. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 5 02/03/2003 END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval by the Ways and Means Committee on January 22, 2003 - Members present: McCammack, Derry and McGinnis. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Agreement with the City of San Bernardino and the San Bernardino Black Culture Foundation for financial assistance from the Civic and Promotion Fund for FY 2002/03. (See Attached) (Cost to the City -- $4,500 in direct funding and $18,865 in indirect funding from the General Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted; that the Mayor and Common Council approve direct funding in the amount of $4,500; and indirect funding in the amount of $18,865 be transferred from the 2002/03 civic and promotion fund to various City departmental accounts as listed in the attached staff report; and that the waiver of fees and use of City personnel and equipment be authorized to assist in the 2003 Black History Week events scheduled for February 1-2, 2003. END OF COMMITTEE CONSENT PUBLIC HEARING Development Services TO BE HEARD AT 4:00 P.M. 13. Public meeting - California Street and 16th Street Landscape Maintenance Assessment District No. 1029 (Tract No. 13822). (See Attached) Ward 6 Mayor to open the public meeting . . . MOTION: That the public meeting relative to the formation of the California Street and 16th Street Landscape Maintenance Assessment District No. 1029 be closed; and protests and ballots, if any, be carried over to the public hearing on March 3, 2003 at 4:00 p.m. END OF PUBLIC HEARING 6 02/03/2003 CONTINUED ITEMS City Administrator CONTINUED FROM DECEMBER 2, 2002 14. A Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, and repealing Resolution No. 80-522, Resolution No. 96-195, Resolution No. 98-257, Resolution No. 99-173, Resolution No. 99-246, Resolution No. 2001-273, and Resolution No. 2002- 241, and amending Resolution No. 83-201, Resolution No. 89-471, and Resolution No. 91-148. (Backup material was distributed November 18, 2002, Item No. 18; item was continued to December 2, 2002, Item No. 27.) MOTION: That the matter be tabled and that proposed fees be considered during the budget process. City Attorney's Office CONTINUED FROM JANUARY 21, 2003 15. Conflicts of Interest Advisement. (Backup material was distributed on January 21, 2003, Item No. S2.) Development Services CONTINUED FROM JANUARY 21, 2003 TO BE HEARD AT 4:00 P.M. 16. Presentation by SANBAG to obtain Council comments regarding the status of Route 210 Project and overall SANBAG funding issues. (Backup material was distributed on January 21, 2003, Item No. 32.) Public Services CONTINUED FROM JANUARY 21, 2003 17. 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) (Backup material was distributed on January 21,2003, Item No. 21.) Wards 4,6&7 7 02/03/2003 MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS Council Office 18. Resolution of the Mayor and Common Council of the City of San Bernardino opposing a pre-emptive U.S. Military attack on Iraq. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Mayor's Office LAID OVER FROM JANUARY 21, 2003 19. An Ordinance of the City of San Bernardino amending Chapter 8.60 of the San Bernardino Municipal Code relating to Fireworks. FINAL READING (Backup material was distributed on January 21, 2003, Item No. 33.) MOTION: That said ordinance be adopted. Council Office 20. Legislative Task Force Update. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION ITEMS CONTINUED FROM JANUARY 6, 2003 R21. 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 B & C; item was continued to January 6,2003, Item R19 A & B.) 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 8 02/03/2003 Glaziers properties) to fund the construction of the Verdemont Fire Station. (Resolution is still not available at this time.) (Item Continued on Next Page) R21. Continued. 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. (Resolution is still not available at this time.) MOTION: That the matter be continued to March 3,2003. R22. Resolution of the Community Development Commission of the City of San Bernardino authorizing the Executive Director to execute Amendment No.2 to the Redevelopment and Planning Participation Agreement for the Santa Fe Depot Redevelopment Implementation Area (Arthur Pearlman Corporation). (Resolution not available at time of printing.) Wards 1&3 MOTION: That said resolution be adopted. R23. ANR Industries, Inc., Meadowbrook Park Single Family Infill Housing Development (IVDA Redevelopment Project Area). Ward 1 A. 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 Meadowbrook Single Family Residential Grant Development Agreement by and between the Agency and ANR Industries, Inc. (Resolution not available at time of printing.) B. A Resolution of the Community Development Commission of the City of San Bernardino requesting that the Inland Valley Development Agency (IVDA) enact a program authorizing a One Hundred Percent (100%) Inclusionary /Replacement Housing Credit to the Redevelopment Agency of the City of San Bernardino ("Agency") for any Agency-Assisted 9 02/03/2003 Housing Projects undertaken by the Agency within the IVDA Project Area boundaries. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 24. 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.) 25. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 1:30 p.m., Tuesday, February 18, 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 02/03/2003 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 02/03/2003