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HomeMy WebLinkAbout10-06-2003 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO MONDAY, OCTOBER 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 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 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): California Bio-Mass, et al. v. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCVSS 083473; (Item Continued on Next Page) 1 10/06/2003 1. Continued. Shirley J. Goodwin v. City of San Bernardino, et al - United States District Court Case No. EDCV 98-66 R T (V APx); Shirley Allen v. City of San Bernardino, San Bernardino Fire Department, et al. - San Bernardino County Superior Court Case No. SCVSS 102087. 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 - ImtIatlOn 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 Police Management Association 2. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association 2 10/06/2003 1. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 3 10/06/2003 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 26, 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. 4 10/06/2003 6. Council Minutes. 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: September 2,2003 (Distributed on 9/29/03) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 18, 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 September 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. Animal Control 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Animal Housing Services Agreement by and between the City of San Bernardino and the City of Grand Terrace from November 1, 2003 through June 30, 2006. (See Attached) (Estimated revenue to the City over three year contract -- $15,845) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Administrator's Office 10. A Resolution of the Mayor and Common Council of the City of San Bernardino declaring the intention to establish a Community Facilities District for the ongoing operation and maintenance of a fire station for the Verdemont Area. (See Attached) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 5 10/06/2003 Development Services LAID OVER FROM SEPTEMBER 15, 2003 11. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to establish a thirty-five mile per hour speed limit on Mountain A venue between Lynwood Drive and Thirty-ninth Street. FINAL READING (Backup material distributed on September 15, 2003, Item No. 21.) Wards 4&7 MOTION: That said ordinance be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with Tom Dodson & Associates to perform environmental consulting services. (See Attached) (No cost to the City - Funds in the amount of $41,000 to cover cost of the project will be deposited by Watson & Associates) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino authorizing the execution of a Supplemental Agreement between the City of San Bernardino and Solpac, Inc. D.B.A. Soltek Pacific agreeing to a lump sum price to complete the Historic Depot Renovation Project, City Project No: HDREN-l, Federal Project No.: 08-4105584L. (Document not available at time of printing.) (Cost to the City -- $1,081,306.32 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted; that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Five in the amount of $1,081,306.32 to contract with Solpac, Inc., d. b. a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration Project per Plan No. 10446; and that the Director of Finance be authorized to amend the FY 03-04 budget for the projects indicated in the staff reporl. 14. Item Deleted. 6 10/06/2003 15. Authorization for the Director of Development Services to execute Change Order No. One to contract with Centner Construction Company for ADA restrooms at Blair Park and Perris Hill Park project per Program Budget. (See Attached) (Cost to the City -- $8,340.00 from the Park Construction Fund.) Wards 2&5 MOTION: That the Mayor and Common Council authorize the Director of Finance to amend the 2003/04 Capital Improvement Program budget by increasing Account No. 243-363-5504-7270 (ADA Restrooms at Blair Park and Perris Hill Park) by $13,000 using Prop. 12 per Capital Bond Funds in the Park Construction Fund; and that the Director of Development Services be authorized to execute Change Order No. One in the amount of $8,340 to contract with Centner Construction Company for ADA Restrooms at Blair Park and Perris Hill Park project per Plan No. 10353. 16. Authorization for the Director of Development Services to execute Change Order No. One to contract with Holland-Lowe Construction, Inc. for Tippecanoe Avenue widening (Phase II) and Laurelwood Drive (Phase II) per Plan No. 10373A. (Document not available at time of printing.) (Cost to the City -- $50,783.00 from the Street Construction Fund.) Ward 3 MOTION: That the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One in the amount of $50, 783 to the contract with Holland-Lowe Construction, Inc. for Tippecanoe Avenue Widening (Phase II) and Laurelwood Drive (Phase II) per Plan No. 10373A. 17. 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 Irvington A venue and Olive A venue 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. 1031; 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.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 7 10/06/2003 18. Authorization to establish the following parking restrictions on the north side of 46th Street between Sierra Way and Sepulveda Avenue - two hour parking limitation from 9:00 a.m. through 6:00 p.m. and No Parking from 10:00 p.m. through 6:00 a.m. (See Attached) (Cost to the City -- $600 from the General Fund.) Ward 4 A. 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 zone between the hours of 10:00 p.m. and 6:00 a.m. on the north side of Forty-sixth Street between Sierra Way and Sepulveda Avenue. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino amending Resolution No. 8234 entitled, in part, "A Resolution.. .establishing parking time limitations upon certain designated streets, alleys, or portions thereof..." to establish a two-hour parking limitation between the hours of 9:00 a.m. and 6:00 p.m. on the north side of Forty-sixth Street between Sierra Way and Sepulveda Avenue. (Resolution not available at time of printing.) MOTION: That said resolutions A and B, be adopted. Facilities Mana~ement 19. Authorize rejection of all bids and solicitation of new bids for the design/build of ADA restroom improvements at five fire stations. (See Attached) (No cost to the City.) MOTION: That the Mayor and Common Council authorize the Purchasing Manager to reject all bids received for RFQ F-04-030 design/build of ADA restroom improvements at five fire stations, and authorize the Purchasing Manager to solicit new bids for RFQ F-04-030. Fire 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to LA Gym Equipment in the amount of $79,454.85 and Fitness 909 in the amount of $30,606.39 for the Wellness and Fitness Program Exercise Equipment. (See Attached) (Cost to the City -- $110,061.24 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 8 10/06/2003 Human Resources 21. Resolution of the City of San Bernardino amending Resolution No. 6413, Section Eleven, entitled in part, "A Resolution. . .establishing a basic compensation plan..."; by codifying prior Council actions (Middle-Management Unit). (See Attached) (No additional cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Mayor's Office 22. A Resolution of the Mayor and Common Council of the City of San Bernardino approving that certain Co-Lead Agency Agreement by and between the City of San Bernardino and the San Bernardino Valley Municipal Water District relating to the North Lake and South Lake Projects within the City of San Bernardino. (No cost to the City.) (Document and Resolution not available at time of printing.) Wards 1,2&3 MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with the San Bernardino Symphony Orchestra for the promotion of Arts and Culture. (See Attached) (Cost to the City -- $70,000 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 24. Ratification of the Mayor's termination of the Amended Agreement for Professional Services with Parsons Brinckerhoff Quade & Douglas, Inc. for the Mt. Vernon Bridge Replacement Project. (See Attached) Ward 1 MOTION: That the Mayor and Common Council ratify the Mayor's termination of the Amended Agreement for Professional Services with Parsons Brinckerhoff Quade & Douglas, Inc. for the Mount Vernon Bridge Replacement Project. 9 10/06/2003 Parks, Recreation & Community Services LAID OVER FROM SEPTEMBER 15, 2003 25. An Ordinance of the City of San Bernardino amending Section l2.68.020A of the San Bernardino Municipal Code relating to hours of use of public parks. FINAL READING (Backup material distributed on September 15, 2003, Item No. 24.) MOTION: That said ordinance be adopted. Water Department 26. Resolution of the Mayor and Common Council of the City of San Bernardino accepting a grant deed from Southern California Edison Company for property located on the north side of Nolan Street, between Ogden and Kern Streets, San Bernardino, and dedicating the property for Water Department use. (See Attached) (Cost to the Department -- $6,900 from Water Department Funds.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR CONTINUED ITEMS Council Office CONTINUED FROM SEPTEMBER 15, 2003 27. SCAG Visioning Project. MOTION: That the matter be continued to October 20,2003. Human Resources CONTINUED FROM SEPTEMBER 15, 2003 28. Resolution of the City of San Bernardino approving a Side Letter to Resolution No. 2001-94, establishing a Compensation and Benefits Plan for the Management/Confidential and Unclassified Employees, amending Section I, PERS, Safety Employees, Subsection 5, for Police Safety Management. (New Staff Report Attached) (Backup material distributed on September 15, 2003, Item No. 14.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2003-04 Adopted Budget and transfer $54,944 from the General Government budget (001-092- 5011) to the Police Department budget (various personnel line items). 10 10/06/2003 CONTINUED FROM SEPTEMBER 15, 2003 29. Resolution of the City of San Bernardino amending Resolution 6413, Section Thirteen, Temporary/Part-time Employees, entitled in part A "Resolution. . .establishing a basic compensation plan. . ." by updating information codifying prior Council actions. (Backup material distributed on September 15, 2003, Item No. 15.) (Resolution still not available at time of printing.) MOTION: That said resolution be adopted; that the Mayor and Common Council approve salary increases for the following Headstarl/Preschool positions, effective September 1, 2003: Teacher/Director from $15.47 to $16.33; Teacher from $13.45 to $14.19; Teacher Aide from $9.12 to $9.62; Typist Clerk (Headstarl) from $9.46 to $9.99; and that Resolution No. 6413, Section Thirleen, be amended to reflect these parlicular actions. END OF CONTINUED ITEMS 11 10/06/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, OCTOBER 6,2003 - 7:00 P.M. PRESENT: ABSENT: TO BE HEARD AT 7:00 P.M. R30. Public hearing - Tax and Equity Fiscal Responsibility Act (TEFRA) to consider the California Statewide Communities Development Authority issuance of bonds for the proposed new Inland Behavioral and Health Services, Inc. Medical Facility. (Document not available at time of printing.) Ward 2 (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of bonds by the California Statewide Communities Development Authority for the proposed new Inland Behavioral and Health Services, Inc. Medical Facility. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the matter be continued to November 17, 2003. Recommended for approval at the Redevelopment Committee Meetin~ of Au~ust 21,2003 - Committee Members Present: Suarez and Estrada R31. J. R. Watson & Associates Development Co., Inc. residential proposal - 147- acre development north of Foothill Drive, east of Sterling Avenue - "West Ridge". (Document not available at time of printing.) Ward 4 (Item Continued on Next Page) 12 10/06/2003 R31. Continued. (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Redevelopment Agency of the City of San Bernardino ("Agency") to enter into a 2003 Redevelopment Project Study Agreement for Property Acquisition and Redevelopment Assistance with J. R. Watson & Associates Development Co., Inc. related to property owned by the City of San Bernardino ("City") and the Agency north of Foothill Drive, east of Sterling Avenue - West Ridge Residential Development. (Resolution not available at time of printing.) (Community Development Commission) B. 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 2003 Redevelopment Project Study Agreement for Property Acquisition and Redevelopment Assistance with J. R. Watson & Associates Development Co., Inc. related to property owned by the City of San Bernardino ("City") and the Agency north of Foothill Drive, east of Sterling Avenue - West Ridge Residential Development. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 32. 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.) 33. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday, October 20, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 13 10/06/2003 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. 14 10/06/2003