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HomeMy WebLinkAbout09-06-2005 Reg. Agenda Mayor Judith Valles Council Members: CITY OF SAN BERNARDINO Esther Estrada 300 N. “D” Street Susan Longville Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO TUESDAY, SEPTEMBER 6, 2005 – 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 20-22.) 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 09/06/2005 1 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel – existing litigation – pursuant to Government Code Section 54956.9(a): Mohammed Fawzi Hassan, et al. v. City of San Bernardino, et al. – United States District Court Case No. EDCV 05-328 VAP (SGLx); Larry J. Hyder, et al. v. City of San Bernardino, et al. – San Bernardino Superior Court Case No. 122930; In re: Bankruptcy of Adelphia Communications Corporation – United States Bankruptcy Court, Southern District of New York, Case No. 02- 41729; Horlings v. Department of Building & Safety of the City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 126619; San Bernardino City Unified School District v. Helen L. Danton, et al. – San Bernardino Superior Court Case No. SCVSS 129273. 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. 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. Diamond Concessions of California, Inc.; City of San Bernardino v. County of San Bernardino; 855 Hope Street (APN 0280-181-15) Vacant Lot (APN 0280-181-16) 895 Hope Street (APN 0280-181-14) 834 Cleavenger Street (APN 0280-181-44) D. Closed Session – personnel – pursuant to Government Code Section 54957. 09/06/2005 2 (Item Continued on Next Page) 1. Continued. 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: Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Firefighters San Bernardino Police Officers Association G.Conference with real property negotiator – pursuant to Government Code Section 54956.8: 1. Property: 247 West Third Street Negotiating Parties: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 2. Property: That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Negotiating Parties: Don Rogers on behalf of the Inland Valley Development Agency. David Newsom on behalf of Hillwood/San Bernardino LLC. Bruce Varner on behalf of Stater Bros. Markets. James F. Penman on behalf of the City of San Bernardino 09/06/2005 3 Under Negotiation: Terms and conditions 1. Continued. 3. Property: Joint Use Multipurpose Room/Gymnasium at the Cesar Chavez Middle School, 6650 Magnolia Court, San Bernardino, California Negotiating Parties: Marianne Milligan, City Attorney’s Office and Teri Baker, City Administrator’s Office for the City of San Bernardino, licensee, Wael Elatar, Facilities Administrator, San Bernardino City Unified School District, as property owner Under Negotiation: Terms and conditions 4. Property: Community Facilities: Delman Heights Community Center 2669 N. Flores Street Fifth Street Senior Center 600 W. Fifth Street Lytle Creek Community Center 380 S. “E” Street Mill Community Center 503 S. “E” Street Nicholson Community Center 2750 W. Second Street st Perris Hill Park Senior Park 780 E. 21 Street Ruben Campos Community Center 1717 W. Fifth Street Rudy Hernandez Community Center 222 N. Lugo Norton/Galaxy Ballroom 1494 Art Townsend Drive Negotiating Parties: Marianne Milligan, City Attorney’s Office and Lemuel P. Randolph, Director Parks, Recreation and Community Services Department, for property owner; Gregory Humpal, Contract Analyst, San Bernardino City Unified School District Central City Redevelopment Project Area (Carousel Mall) 5. Property: APN 0134-211-36 and 0134-201-25 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer and Upham Development Company, property owner(s) Under Negotiation: Purchase price, terms and conditions 6. Property: APN 0134-301-29 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf 09/06/2005 4 of the Redevelopment Agency, as Buyer and El Corte Ingles S.A. Company, property owner(s) Under Negotiation: Purchase price, terms and conditions 1. Continued. Central City North Redevelopment Project Area th 7. Property: 708 and 720 West 4 Street APN 0134-093-45 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and Chiyo Lapham, property owner(s) Under Negotiation: Purchase price, terms and conditions 8. Property: 734 West 4th Street APN 0134-093-19, 20 and 43 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer and Penhun Ltd/Expo Ltd., property owner(s) Under Negotiation: Purchase price, terms and conditions th 9. Property: 746 West 5 Street APN 0134-054-07, 08 and 09 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer and The Salvation Army, property owner(s) Under Negotiation: Purchase price, terms and conditions 10. Property: 495 North G Street APN 0134-101-28 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer and Allied Capital Investments, LLC, property owner(s) Under Negotiation: Purchase price, terms and conditions Mt. Vernon Redevelopment Project Area 11. Property: 514 North Mt. Vernon Avenue APN 0138-115-06 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf 09/06/2005 5 of the Redevelopment Agency, as Buyer and Dan Virgilio, property owner(s) Under Negotiation: Purchase price, terms and conditions 1. Continued. IVDA Redevelopment Project Area 12. Property: 1530 Walnut Street APN 0274-023-01 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Lupe Ensign, property owner(s) Under Negotiation: Purchase price, terms and conditions 13. Property: 1550 Walnut Street APN 0274-023-02 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Jesse Trevino and Albert Trevino, property owner(s) Under Negotiation: Purchase price, terms and conditions 14. Property: Vacant APN 0274-023-03 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Jesse Trevino and Albert Trevino, property owner(s) Under Negotiation: Purchase price, terms and conditions Watson-Westridge, LLC Project 15. Property: Vacant Land APN 0155-361-25; 0155-381-45 and 11 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, and County of San Bernardino, Department of Public Works Under Negotiation: Purchase price, terms, and conditions Vanderbilt Fire Station 16. Property: APN 0281-341-09 09/06/2005 6 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Seller and, the City of San Bernardino, as Buyer Under Negotiation: Purchase price, terms, and conditions RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ INVOCATION: _________________________________________ PLEDGE: _________________________________________ 2. Appointments. A. James J. Eble – Board of Building Commissioners – Council Member McGinnis. (See Attached) MOTION: That the appointment of James J. Eble to the Board of Building Commissioners, as requested by Council Member McGinnis, be approved. 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 normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 36, be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. 09/06/2005 7 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/San Bernardino City Housing Authority, be waived. 6. Council Minutes. MOTION: That the minutes of the following meeting of the Mayor and Common Council/Community Development Commission/San Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: August 1, 2005 (Distributed on 8/22/05) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 29, 2005, 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 August 30, 2005 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 9. Resolutions authorizing the submission of the application to the California Infrastructure and Economic Development Bank for financing of pavement reconstruction and rehabilitation and declaring the City’s official intent to reimburse certain expenditures from proceeds of obligation. (See Attached) (Cost to the City -- $45,00 in FY 2005/06 from the Gas Tax and ½ Sales Tax Funds.) A. A Resolution of the City of San Bernardino authorizing the submission of the application to the California Infrastructure and Economic Development Bank for financing of pavement reconstruction and rehabilitation and approving certain other matters in connection therewith. (Resolution not available at time of printing.) 09/06/2005 8 B. Resolution of the Mayor and Common Council of the City of San Bernardino declaring the City of San Bernardino’s official intent to reimburse certain expenditures from proceeds of obligation from the California Infrastructure and Economic Development Bank. (Resolution not available at time of printing.) (Item Continued on Next Page) 9. Continued. MOTION: That said resolutions A&B, be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 CIP/Infrastructure Loan Bank Fund budget to reflect the additional costs not originally budgeted for contingencies and preliminary work in the amount of $941,700 (240-379-5504-xxx) and the corresponding loan proceeds of $941,700 (240-000-6453-0000) that will cover these costs. 10. Item deleted. City Attorney 11. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney’s Office. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 12. Item deleted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the Mayor of the City of San Bernardino to execute a Professional Services Agreement between Reid & Hellyer and the City of San Bernardino to represent the City in the case of In Re: Bankruptcy of Adelphia Communications Corporation, United States Bankruptcy Court, Southern 09/06/2005 9 District of New York, Case No. 02-41729. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Clerk 14. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1). MOTION: That the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. Development Services 15. Set a joint workshop of the Mayor and Common Council and Planning Commission for Monday, September 19, 2005 at 5:00 p.m. in the Economic Development Agency Board Room to discuss circulation improvements and the Nexus Study. (See Attached) (No cost to the City.) MOTION: That the Mayor and Common Council set a joint workshop with the Planning Commission for Monday, September 19, 2005, at 5:00 p.m. in the Economic Development Agency Board Room to discuss circulation improvements and the Nexus Study. 16. Resolution of the City of San Bernardino authorizing and directing the execution of an easement to Southern California Edison Company for underground facilities across City property located at the southeast corner of Magnolia Avenue and Meyers Road. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 17. Authorize the Director of Development Services to execute Contract Change Order No. One to contract with Macadee Electrical Construction, Inc. for th construction of traffic signal improvements at 5 Street and Waterman Avenue rd (TC-04-02); 3 Street and Waterman Avenue (TC04-02; Baseline Street and “E” Street (TC04-02); Baseline Street and Arrowhead Avenue (TC04-02); 09/06/2005 10 Pepper Avenue and Rialto Avenue (TC04-02); Hunts Lane and “E” Street th (TC04-19); and Arden Avenue and 20 Street (TC04-25), per Plan No. 11177 and authorize the Director of Finance to amend the FY 05/06 Budget. (See Attached) (Cost to the City -- $116,653 from the Traffic Systems Construction Fund.) Wards 1,2,3,6&7 (Item Continued on Next Page) 17. Continued. MOTION #1: That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $21,900 from Account No. 250- 370-5504-1710 “Mill Street and Macy Street Traffic Signal (TC04-01)” to Account No. 250-370-5504-7338 “City Wide Traffic Signal Improvements (TC-A)”; and MOTION #2: That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $15,538 from Account No. 250- 370-5504-1710 “Mill Street and Macy Street Traffic Signal” (TC04-01)” to Account No. 250-370-5504-7434 “Hunts Lane and “E” Street Traffic Signal” (TC04-19)”; and MOTION #3: That the Director of Finance be authorized to amend the FY 2005/06 Budget by transferring $44,200 from Account No. 129- 367-5504-7156 (SS-C) “Street Safety Improvements at various locations (Annual)” to Account No. 129-367-5504-7450 “Traffic th Signal at Arden Avenue and 20 Street” (TC04-25): and MOTION #4: That the Director of Development Services be authorized to execute Change Order No. One in the amount of $110,103 to contract with Macadee Electrical Construction for traffic signal thrd improvements at 5 Street/Waterman Avenue; 3 Street/ Waterman Avenue; Base Line Street/”E” Street; Base Line Street/Arrowhead Avenue; Pepper Avenue/Rialto Avenue (TC04- th 02); Hunts Lane/”E” Street (TC04-19); and Arden Avenue/20 Street (TC04-25). 18. Resolution of the City of San Bernardino authorizing and directing execution of a License and Agreement with Lockheed Martin Corporation (LMC) for encroachment of a groundwater monitoring well in the public right-of-way of South Amos Street approximately 170 feet north of East Dumas Street. (See 09/06/2005 11 Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 19. Authorization for the Director of Finance to amend Purchase Order No. 998892 issued to Nikola Construction for sewer improvements on Victoria Avenue – Richardson Street to Mt. View Avenue (SW 04-32); Cooley Drive – Richardson Street to Mt. View Avenue (SW 04-33); Richardson Street – Cooley Drive to Victoria Avenue (SW 04-34); Cooley Avenue – Tippecanoe Avenue to Gage Canal (SW 04-35); and pavement rehabilitation on Victoria Avenue - Richardson Street to Mt. View Avenue (SS 04-120); Cooley Drive – Richardson th Street to Mt. View Avenue (SW 04-33); “I” Street – Marshall Boulevard to 30 th Street (SW 04-30); 35 Street – Del Rey to Harrison Street (SW 04-31) per Project Plan No. 11237 (See Attached) (No cost to the City.) Wards 3,5&7 MOTION: That the Director of Finance be authorized to amend Purchase Order No. 998892 issued to Nikola Construction for sewer improvements on Victoria Avenue – Richardson Street to Mt. View Avenue (SW 04-32); Cooley Drive – Richardson Street to Mt. View Avenue (SW 04-33); Richardson Street – Cooley Drive to Victoria Avenue (SW 04-34); Cooley Avenue – Tippecanoe Avenue to Gage Canal (SW 04-35); and pavement rehabilitation on Victoria Avenue - Richardson Street to Mt. View Avenue (SS- 04-120); Cooley Drive – Richardson Street to Mt. View Avenue th (SW 04-33); “I” Street – Marshall Boulevard to 30 Street (SW th 04-30); 35 Street – Del Rey to Harrison Street (SW 04-31) per Project Plan No. 11237 as indicated on the spreadsheet attached to the staff report dated August 29, 2005, from James Funk, Director of Development Services. 20. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to David T. Wasden, Inc., for sewer and street th improvements on 34 Street – Leroy Street to Waterman Avenue (SW 04-23); th 48 Street – “F” Street to Electric Avenue (SW 04-24); and street improvements on Richardson Street – San Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue – Tippecanoe Avenue to Gage Canal (SW 04-35); and “E” ndth Street – 2 Street to 4 Street (SW 04-06), per Project Plan No. 11147. (See Attached) (Cost to the City -- $1,146,700 from the Sewer Maintenance Fund 09/06/2005 12 and the Sewer Construction Fund.) (Resolution not available at time of printing.) Wards 3,4&7 MOTION: That the Director of Finance be authorized to amend the FY 2004/05 budget by transferring funds as indicated in the spreadsheet entitled “Sewer and Street Improvement Cost Distribution for Project No. 11147” attached to the staff report dated August 23, 2005 from James Funk, Director of Development Services; and that said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to approve a Utility Undergrounding Agreement with Evergreen – Baseline Mt. Vernon, L.L.C., an Arizona Limited Liability Company for undergrounding of overhead utility lines along Herrington Avenue south of Base Line Street. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 16509-4 (Unit 4 – Lots 74 through 90) and the Final Map for Tract No. 16509-5 (Unit 5 – Lots 91 through 105) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel, accepting the public dedications as set forth on said maps; and authorizing execution of the standard form of agreement for the improvements in said subdivisions, with time for performance specified. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 23. Authorize budget amendment omitted at the August 1, 2005 meeting of the Mayor and Common Council (Item No. 17). (See Attached) (No net cost to the City.) MOTION: That the Director of Finance be authorized to amend the FY 2005/2006 budget by increasing Revenue Account No. 001-000- 4710 by $25,000 and Expenditure Account No. 001-185-5502 by $25,000 to cover the balance of the anticipated expenses and revenue reimbursements for Srinivasa S. Bhat for FY 2005/2006. 09/06/2005 13 24. 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 establishing a four-way stop at the intersection of Palm Avenue at Verdemont Drive. (See Attached) (Cost to the City - - $1,250 from the General Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. Fire 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to enter into an Interagency Instructional Services Agreement with Rancho Santiago Community College District to provide fire personnel training. (See Attached) (Net cost to the City -- $691.60 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION #1: That said resolution be adopted; and MOTION #2: That the Mayor and Common Council authorize the addition of one (1) part-time Administrative Clerk II position; and MOTION #3: That the Director of Human Resources be directed to update Resolution No. 6413, Section Ten to reflect this action; and MOTION #4: That the Director of Finance be authorized to incorporate the revenues and expenditures associated with this program into the FY 2005/2006 Fire Department budget in accordance with this staff report and attachments dated August 23, 2005, from Fire Chief Larry Pitzer. Human Resources 26. Establishment of salaries for Police Department Ranges P-1, P-2, P-3 and Law Enforcement Trainee effective August 1, 2005. (See Attached) (Cost to the City - $661,700 from the General Fund.) MOTION #1: That the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee be established, effective August 1, 2005; and MOTION #2: That the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and 09/06/2005 14 MOTION #3: That the Mayor and Common Council authorize the Finance Director to amend the FY 2005/06 budget to transfer $661,700 from the General Government Budget (001-092-5011) to the Police Department budget in the General Fund and make the appropriate adjustments to the various Police grants. 27. Establishment of salaries for Police Department Ranges P-4, P-5, P-6, & P-7, effective August 1, 2005. (See Attached) (Cost to the City -- $78,700 from the General Fund.) MOTION #1: That the salaries for Police Department Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), and P-7 (Police Chief), be established, effective August 1, 2005; and MOTION #2: That the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and MOTION #3: That the Mayor and Common Council authorize the Finance Director to amend the FY 2005/06 budget to transfer $78,700 from the General Government budget (001-092-5011) to the Police Department budget in the General Fund and make the appropriate adjustments to the various Police grants. 28. Item deleted. Police 29. Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute a Services Agreement with the San Bernardino City Unified School District for the operation of the school crossing guards program by the Police Department. (See Attached) (Cost to the City -- $150,000 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 09/06/2005 15 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino Police Department to enter into a lease agreement with “World Plaza L.L.C.” to pay $1,571.50 per month for the San Bernardino Police Department Eastern District Command office space at 1535 E. Highland Ave., Suite C, San Bernardino. (See Attached) (Cost to the City - - $1,571.50 per month from the General Fund.) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. 31. Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 32. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to annual Purchase Order No. 206342 to Consolidated Fabrication Corp. and issuance of a purchase order to Wastequip for the purchase of commercial/residential front-load and roll-off refuse bins utilized by the Public Services Refuse Division. (See Attached) (Cost to the City -- $185,000 from the Refuse Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 33. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual Purchase Order No. 206291 to Rehrig Pacific Company for the purchase of automated carts for residential refuse services. (See Attached) (Cost to the City -- $253,100 from the Refuse Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 34. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the Purchase Order No. 206290 to Inland Regional 09/06/2005 16 Material Recovery for green waste processing and solid waste transfer for a total purchase order amount not to exceed $1,030,400.00. (See Attached) (Cost to the City -- $605,500 from the Refuse Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 Refuse budget by appropriating an additional $400,000 from the unappropriated Refuse Fund balance to Account No. 527-412-5179 (Dump/Waste Fee Account) as indicated in the staff report, dated July 26, 2005, from Ken Fischer, Director of Public Services. 35. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Fairview Ford for two 2006 F- 650 chassis complete with eight (8) cubic yard refuse rear loader body and CNG conversion; and authorizing the Purchasing Manager to solicit lease-purchase rate quotes and award a lease-purchase to the lowest responsible leasing company. (See Attached) (Cost to the City a lease payment of $33,000 will due in FY 2005/06.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Water Department 36. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the action of the Board of Water Commissioners to approve water service for property outside the corporate limits of the City of San Bernardino th located at 1233 East 39 Street, San Bernardino, APN 0271-501-01-0000. (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 09/06/2005 17 Recommended for approval at the August 2, 2005 meeting of the Legislative Review Committee – Members present: Derry and Johnson Development Services 37. Authorization to proceed with the de-annexation of a 3.62-acre parcel of land generally located at the northeast corner of the city at the top of Church Street. (See Attached) (No cost to the City.) Ward 4 MOTION: That the Director of Development Services be authorized to initiate proceedings for the de-annexation of a 3.62 acre parcel of land generally located at the northeast corner of the city at the top of Church Street. Recommended for approval at the August 22, 2005 meeting of the Personnel Committee – Members present: Longville & McGinnis Human Resources 38. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Ten and Thirteen, entitled in part “A Resolution … establishing a basic compensation plan …”; by updating information codifying prior Council actions (General Unit & Part-Time Employees). (See Attached) (No cost to the City to update these Resolutions.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 39. Reclassify the position of one (1) Customer Service Representative to the position of Senior Customer Service Representative in the Facilities Management Department. (See Attached) (Cost to the City -- $2,100 from the General Fund.) MOTION #1: That the Mayor and Common Council reclassify one (1) position of Customer Service Representative, Range 1337, $2384- $2897/month to the position of Senior Customer Service Representative, Range 1357, $2634-$3201/month; and MOTION #2: That the Director of Human Resources be authorized to update Resolution Nos. 6413 and 97-344 to reflect this action. 40. Reclassify the position of one (1) Account Clerk III to the position of Administrative Analyst II and adjust the salary for the position of Police Records Supervisor in the Police Department. (See Attached) 09/06/2005 18 MOTION #1: That the Mayor and Common Council reclassify one (1) position of Account Clerk III, Range 1348, $2518-$3061/month to the position of Administrative Analyst II, Range 4449, $4167- $5065/month; and MOTION #2: That the Mayor and Common Council adjust the salary for the position of Police Records Supervisor from Range 2368, $2782- $3382/month to Range 2400, $3264-$3967/month; and MOTION #3: That the Director of Human Resources be authorized to update Resolution Nos. 6413 and 97-244 to reflect these actions. END OF COMMITTEE CONSENT PUBLIC HEARINGS Development Services TO BE HEARD AT 4:00 P.M. 41. Public hearing – resolution of necessity for the acquisition of real property by nd eminent domain – corner of 2 Street and Viaduct Boulevard relative to the extension of Giovanola Avenue. (See Attached) (Cost to the City -- $207,000 from the AB 2928 Fund.) Ward 1 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 nd located on the northeast corner of 2 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; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. 42. Public hearing – resolution ordering the vacation of a portion of University Parkway, westerly of Northpark Boulevard. (See Attached) (No cost to the City -- $1,200 processing fee paid by applicant.) Ward 5 Resolution of the City of San Bernardino ordering the vacation of a portion of University Parkway, westerly of Northpark Boulevard (Plan No. 11472.) (Resolution not available at time of printing.) 09/06/2005 19 Mayor to open the hearing . . . MOTION: That the hearing be closed; and the Findings of Fact, as set forth in the staff report dated August 2, 2005, from James Funk, Development Services Director, as to why a portion of University Parkway, westerly of Northpark Boulevard, is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS SBETA CONTINUED FROM AUGUST 15, 2005 43. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino Employment and Training Agency (“SBETA”) to enter into a lease agreement with Arrowhead Professional Center, L.P., for the lease of premises at 600 North Arrowhead Avenue, San Bernardino, California and approval of Subordination Agreement of Excel National Bank. (Backup material distributed on August 15, 2005, Item No. 25.) Ward 1 MOTION: That said resolution be adopted. END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION TO BE HEARD AT 5:00 P.M. CONTINUED FROM JULY 18, 2005 R44. Public hearing – 2005 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and Arrowhead Central Credit Union, A California Corporation (Central City South Redevelopment Project Area). (Item was continued from July 18, 2005, Item No. R43, no backup material was distributed on July 18, 2005.) 09/06/2005 20 A. Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 Disposition and Development Agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Arrowhead Central Credit Union, A California Corporation (“Developer”) (Agency property located north of Mill Street, west of “E” Street (APN 0136-111-22) – 8.2 acres in the City of San Bernardino (“Property”) and making certain findings thereto related to the development of The Project. (Resolution not available at time of printing.) (Item Continued on Next Page) R44. Continued. B. Resolution of the Community Development Commission of the City of San Bernardino approving the 2005 Disposition and Development Agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and Arrowhead Central Credit Union, a California Corporation (“Developer”) and authorizing the Agency Executive Director to execute said DDA relating to the sale and development of Agency property located north of Mill Street, west of “E” Street (APN 0136-111-22) – 8.2 acres in the City of San Bernardino (“Property”) and making certain findings thereto related to the development of the Project. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A&B, be adopted. CONTINUED FROM AUGUST 1, 2005 TO BE HEARD AT 5:00 P.M. th R45. Public hearing – 2005 49 Street Single Family Residential Disposition and th Development Agreement – TELACU Development, LLC (40 Street Redevelopment Project Area). (Item was continued from July 18, 2005, Item No. R42, no backup material was distributed on July 18, 2005; item was continued to August 1, 2005, Item No. R38.) 09/06/2005 21 A. Resolution of the Mayor and Common Council of the City of San th Bernardino approving the 2005 49 Street Single Family Residential Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and th TELACU Development, LLC (“Developer”) (TELACU 49 Street New th Homes Project – 40 Street Redevelopment Project Area.) (Resolution not available at time of printing.) B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to th execute the 2005 49 Street Single Family Residential Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and TELACU Development, thth LLC (“Developer”) (TELACU 49 Street New Homes Project – 40 Street Redevelopment Project Area.) (Resolution not available at time of printing.) (Item Continued on Next Page) R45. Continued. Mayor to open the hearing . . . MOTION: That the matter be continued to September 19, 2005. CONTINUED FROM AUGUST 15, 2005 R46. 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 2005 HOME Grant Agreement by and between the Agency and Ramona th Senior Complex, Inc., a non-profit corporation – 1519 West 8 Street (Mt. Vernon Corridor Redevelopment Project Area). (Backup was distributed on August 15, 2005, Item No. R34.) MOTION: That the matter be continued to October 3, 2005. 09/06/2005 22 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO RECONVENE MEETING TUESDAY, SEPTEMBER 6, 2005 – 6:00 P.M. PRESENT: ___________________________________________ ABSENT: ___________________________________________ PLANNING ITEMS TO BE HEARD AT 6:00 P.M. 47. Public hearing – General Plan Amendment No. 05-03, Development Permit II No. 05-05 – and Lot Line Adjustment No. 05-05 – a request to modify the Circulation Element to designate Central Avenue as a secondary arterial between Tippecanoe Avenue and Lena Road – construct a 914,280 square foot industrial facility and adjust property lines between two parcels. (See Attached) (No cost to the City.) Ward 1 Owner & Applicant: Hillwood Development John Magness HSB Gateway No. 1, LP 105 N. Leland Norton Way, Ste. 3 San Bernardino, CA 92408 Request/Location: The applicant requests approval to modify the General Plan Circulation Element to designate Central Avenue as a secondary arterial between Tippecanoe Avenue and Lena Road to construct a 914,280 square foot concrete tilt-up warehouse/distribution facility and site improvements on a vacant 40.5-acre property, and adjust property lines between two parcels. The project site is located on the north side of Central Avenue approximately 800 feet west of Tippecanoe Avenue in the IL, Industrial Light land use district. Resolution of the City of San Bernardino adopting General Plan Amendment No. 05-03 to the General Plan of the City of San Bernardino, to change Central Avenue from a major arterial to a secondary arterial between Tippecanoe Avenue and Lena Road. (Resolution not available at time of printing.) 09/06/2005 23 (Item Continued on Next Page) 47. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council adopt the Mitigated Negative Declaration; adopt said resolution; and that Development Permit II No. 05-05 and Lot Line Adjustment No. 05-05, be approved based upon the Findings of Fact contained in the staff report dated August 2, 2005, from James Funk, Director of Development Services, and subject to the Conditions of Approval and Standard Requirements, as modified. TO BE HEARD AT 6:00 P.M. 48. Public hearing - General Plan Amendment No. 05-09 and Conditional Use Permit No. 05-10 – to change the land use designation of approximately 7.6 acres from RL, Residential Low, to CG-3, Commercial General University Village land use district and construct a multi-tenant commercial shopping center. (See Attached) Ward 5 Owner/Applicant: University Park, LLC 101 Main Street, Ste. A Seal Beach, CA 90740 Request/Location: The applicant requests approval of General Plan Amendment No. 05-09 to change the land use designation of approximately 7.6 acres from RL, Residential Low, to CG-3, Commercial General University Village and approve Conditional Use Permit No. 05-10 to construct a multi-tenant commercial shopping center. The project site is located at the northwest corner of University Parkway and Northpark Boulevard. Resolution of the City of San Bernardino adopting General Plan Amendment No. 05-09 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RL, Residential Low, to CG3, Commercial General University Village for 7.6 acres located at the northwest corner of University Parkway and Northpark Boulevard. (Resolution not available at time of printing.) Mayor to open the hearing . . . 09/06/2005 24 (Item Continued on Next Page) 48. Continued. MOTION: That the hearing be closed; that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring/ Reporting Plan; that said resolution be adopted; and that Conditional Use Permit No. 05-10 be approved based upon the Findings of Fact contained in the Planning Commission Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). END OF PLANNING ITEMS 49. 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.) 50. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, September 19, 2005, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 09/06/2005 25 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. 09/06/2005 26