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HomeMy WebLinkAbout09-02-2003 Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO TUESDAY, SEPTEMBER 2,2003 -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 page 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): Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 034774; (Item Continued on Next Page) 1 09/02/2003 1. Continued. Michelle P. Arroyo v. City of San Bernardino, et al.- United States District Court Case No. CV 02-8967 ABC (SHSx) San Bernardino Superior Court Case No. SCVSS 100619; Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 V AP (SGLx); Travis O. Tolbert v. City of San Bernardino, by and through its Police Department; Officer Dennis Han (#50356) and Does I-V - United States District Court Case No. EDCV-02-550 (SGL). 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: Neighbors of San Manuel Tribe v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Allan Steward and Gil Lara City v. San Manuel Band of Serrano Mission Indians 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: 1. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Firefighters' Association (Item Continued on Next Page) 2 09/02/2003 1. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: Negotiating Parties: Under Negotiation: 2. Property Address: Negotiating Parties: Under Negotiation: 3. Property Address: Negotiating Parties: Under Negotiation: HUB Properties, APN 0281-081-19 and 0281-081-20 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Kam Mie Nanney-Wong, property owner. Purchase price, terms & conditions HUB Properties, APN 0281-082- 057 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Vibhakerbhai Patel, property owner Purchase price, terms & conditions HUB Properties, APN 0281- 081-01, 0281-081-02, 0281-081-03 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Cecilia Moreno and Robert Newman, property owners Purchase price, terms & conditions END OF CLOSED SESSION 3 09/02/2003 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 14, 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 August 19, 2003, from Barbara Pachon, Director of Finance, be approved. 4 09/02/2003 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated August 26, 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 submission of a financing application to the California Infrastructure and Economic Development Bank for financing of the Verdemont Fire Station and approving certain other matters in connection therewith. (See Attached) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. Development Services 9. Authorize submittal of a Request for Reimbursement to SANBAG for Transportation Development Act (TDA) Article 3, Pedestrian Access to Transit Facilities Projects. (See Attached) Wards 1,4,6 & 7 MOTION: That the Mayor and Common Council authorize the Director of Finance to execute the attached Claim Forms marked Exhibit "A", requesting reimbursement in the amount of $16,602 in accordance with Article 3, PUC Section 99234a "Pedestrian Access to Transit Facilities" for installation of bus pads, sidewalks, and ADA access ramps, per Plan No. 10412. 10. Resolution of the City of San Bernardino authorizing the Director of Development Services to execute on behalf of the City Utility Agreement No. 19948 with the State of California, Department of Transportation (CALTRANS) for the relocation of City sewer facilities due to the construction of the SR-21O Freeway. (See Attached) (Cost to the City -- $505,054 from the Sewer Line Construction Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 5 09/02/2003 11. Resolution of the City of San Bernardino authorizing the Director of Development Services to execute on behalf of the City Utility Agreement No. 17604 with the State of California, Department of Transportation (CALTRANS) for the relocation of City sewer facilities due to the construction of the SR-21O Freeway.) (See Attached) (Cost to the City -- $295,327 from the Sewer Line Construction Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 12. Authorize the Director of Development Services to solicit proposals for professional Civil Engineering Services for the design of sanitary sewer line replacements/upgrades in "E" Street, Chandler Place, Inland Center Drive, Virginia Street, 17th Street, an alley south of Jefferson Street, and Arrowhead A venue and authorize the RFP format for future use to solicit proposals for future Public Works projects. (See Attached) Wards 1,2,3&7 MOTION: That the Mayor and Common Council authorize the Director of Development Services to solicit proposals for Professional Civil Engineering Services for the design of sanitary sewer line replacements/upgrades in "E" Street, from Hunts Lane to McKay Drive; Chandler Place, from "E" Street to Orange Show Road; Inland Center Drive, from "H" Street to 1-215 Freeway; Inland Center Drive, from Scenic Drive to 1-215 Freeway; Virginia Street, from "I" Street to "H" Street; 17th Street, from "I" Street to "H" Street; an alley south of Jefferson Street to Inland Center Drive; and Arrowhead Avenue from Mill Street to Chandler Place; and that the attached Request for Proposal format be authorized for use to solicit proposals for future Public Works projects. Fire 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to purchase one new Pierce fire apparatus from Pierce Manufacturing, Inc.; solicit bids to purchase ancillary equipment and emergency medical services equipment, and enter into a lease purchase agreement to fund the purchase of two new street sweepers. (See Attached) (Cost to the City -- $53,415.94 from General Fund and CDBG Fund.) (Resolution not available at time of printing.) (Item Continued on Next Page) 6 09/02/2003 13. Continued. MOTION: That said resolution be adopted; that the Director of Finance or her designee be authorized to 1) issue a purchase order to Pierce Manufacturing, Inc., in the amount of $358,853.83 to purchase one new Pierce fire apparatus; 2) solicit bids to purchase ancillary and emergency medical supplies equipment in the amount of $73,000; and 3) enter into a lease purchase agreement with Sun Trust Leasing for the Pierece fire apparatus and sweepers as outlined in the staff report, dated August 13, 2003, from Larry Pitzer, Fire Chief; and that the Director of Finance be authorized to amend the Fiscal Year 2003-04 budget by appropriating an additional $8,900 from the budget end balance excess to Account No. 001-202-5803. Parks, Recreation & Community Services 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No. 1 to the Concessionaire Contractual Agreement between the City of San Bernardino and Diamond Creations, Inc. to extend concession services at the San Bernardino Soccer Complex through November 19, 2003. (See Attached) (No cost to the City.) (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 on Au~ust 26, 2003 Committee Members Present: McCammack, Estrada and Anderson 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to submit an application to the California Department of Health Services for the California Nutrition Network Grant in the amount of $156,888 for the three-year period of October 1, 2003 through September 30,2006. (Document not available at time of printing.) (Cost to the City - In-kind support in the Parks and Recreation Department's approved budget.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT 7 09/02/2003 CONTINUED ITEMS City Administrator CONTINUED FROM AUGUST 4, 2003 16. Authorization to proceed with the preparation of documents and appropriate Municipal Code amendments to impose a special tax district for the operation and maintenance of the proposed Verdemont Fire Station on new development only. (Backup material was distributed on August 4, 2003, Item No. 11.) MOTION: That staff be authorized to proceed with the preparation of documents and appropriate Municipal Code amendments to impose a special tax district for the operation and maintenance of the proposed Verdemont Fire Station on new development only. Development Services CONTINUED FROM AUGUST 18, 2003 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with J. R. Watson Development Company & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard. (Backup material distributed on August 18, 2003, Item No.9.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services CONTINUED FROM Au~ust 18, 2003 18. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-L/CNG Fueling Station at the City Corporate Yard. (Backup material distributed on August 18, 2003, Item No 24.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS 8 09/02/2003 STAFF REPORTS City Administrator 19. An Ordinance of the City of San Bernardino amending Chapter 9.92.020 of the San Bernardino Municipal Code concerning the qualifications of Administrative Law Officers. FIRST READING (See Attached) (No cost to the City.) (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. Human Resources 20. Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Police Safety Employees' Bargaining Unit of the City of San Bernardino represented by San Bernardino Police Officers' Association (SBPOA). (Document not available at time of printing.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2003-04 adopted budget and transfer $122,500 from the General Government budget (001- 092-5011) to the Police Deparlment budget (various personnel line items). City Clerk 21. Designation of Voting Delegate for League of California Cities Annual Conference to be held September 7-10,2003, in Sacramento, California. MOTION: That Council Member Derry be designated as the City's voting representative for the League of California Cities Annual Conference to be held on September 7-10, 2003 in Sacramento, California. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION ITEMS R22. Rules governing owner participation in the Mt. Vernon Corridor Redevelopment Project Area. (See Attached) Ward 1 MOTION: That the Community Development Commission approve the motion to authorize Redevelopment Agency Staff to proceed with the necessary Owner Participation notices to certain property owners within the Mt. Vernon Corridor Redevelopment Project Area and the preparation of a draft Redevelopment Project Study and Redevelopment Assistance Agreement with Tri Palm Development Inc. 9 09/02/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING TUESDAY, SEPTEMBER 2,2003 -7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS TO BE HEARD AT 7:00 P.M. CONTINUED FROM JULY 21, 2003 23. Appeal hearing - Appeal No. 03-05 - request to overturn the Planning Commission's denial of Tentative Parcel Map No. 15893, to subdivide 6.64 acres into four parcels with a minimum lot size of 1.0 acre - property is located at 7585 N. Martin Ranch Road - northwest corner of Meyers Road and Martin Ranch Road. (Backup material was distributed on July 21, 2003, Item No. 36.) Appellant/ Owners: Dennis & Monica Soares 7575 Martin Ranch Road San Bernardino, CA 92407 Request/Location: The appellant is appealing the Planning Commission's denial of Tentative Tract Map No. 15893, a request to subdivide a 6.64-acre lot into four parcels with a minimum lot size of 1.0 acre, and no construction of houses proposed with the subdivision request. The property is located at 7585 N. Martin Ranch Road, at the northwest corner of Meyers Road and Martin Ranch Road, in the RE, Residential Estate, land use district. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Planning Commission's denial of Tentative Tract Map No. 15893 (Subdivision No. 02- 04), be upheld. END OF PLANNING ITEMS 10 09/02/2003 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., Monday, September 15, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 11 09/02/2003 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. 12 09/02/2003