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HomeMy WebLinkAbout12-04-2006 Reg. Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. “D” Street Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker 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 OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 4, 2006 – 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 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. 112/04/2006 CLOSED SESSION 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): Ford Wholesale v. City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 124378; Michael Desrochers v. City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 139150. 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. 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. (Item Continued on Next Page) 212/04/2006 1. Continued. G. Conference with real property negotiator – pursuant to Government Code Section 54956.8. IVDA Redevelopment Project Area (North Arden Guthrie Neighborhood) 1. Properties and Negotiating Parties: Ramon and Maria G. Hernandez - 2140 N. Arden Avenue (APN: 1191- 021-43); Jose Quintanilla - 2104 N. Arden Avenue (APN: 1191-021- 41); Luu Quang Phuoc - 2094 N. Arden Avenue (APN: 1191-021-40); Humberto Velasquez and Delmy A. Ayala - 2072 N. Arden Avenue (APN: 1191-021-39); Larry Sr. and Andrea Estrada - 2050 N. Arden Avenue (APN: 1191-021-38); Aaron L. Edwards - 2028 and 2004 N. Arden Avenue (APN: 1191-041-26 and 25); Robert A. Moreno - 2123 and 2140 N. Dumbarton Avenue (APN: 1191-021-47 and 57); Mike Hong Ngan - 2005 N. Dumbarton Avenue (APN: 1191-041-28); Gloria Leynes - 2159 N. Dumbarton Avenue (APN: 1191-021-45); Daniel Garcia – 2176 N. Dumbarton Avenue (APN: 1191-021-59); Don Friedman - 2122 N. Dumbarton Avenue (APN: 1191-021-56); Sabraj Nijjar - 2123 and 2141 N. McKinley Avenue (APN: 1191-021-65 and 64); Miguel Flores - 2005 N. McKinley Avenue (APN: 1191-041-32); Sonia Ortiz - 2195 N. McKinley Avenue (APN: 1191-021-61); Fairbanks Capital – 2176 N. McKinley Avenue (APN: 1191-021-30); Fidelity National Title Insurance/Ince Co. - 2105 McKinley Avenue (APN: 1191-021-66); Alfonso A. and Teresa E. Hernandez - 2004 N. McKinley Avenue (APN: 1191-041-22); Silverio and Virginia Vizcaino - 2195 N. Newcomb Street (APN: 1191-021-28); Enrique and Maria Cachua - 2051 N. Newcomb Street (APN: 1191-021-20); Phuong Doan - 2005 N. Newcomb Street (APN: 1191-041-19); and Clayton & Virginia Kautzman - 2194 N. Newcomb Street (APN: 1191-021-11), as property owners and Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 312/04/2006 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ Swearing-In Ceremony – 3:00 p.m. Swearing-in ceremony for newly-elected Council Member Tobin Brinker will begin at 3:00 p.m., in the Council Chambers, followed by a brief reception in the lobby of City Hall. 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 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 21, be adopted except for ____, ____, ____, ____, and ____. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 412/04/2006 6. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated November 28, 2006, from Barbara Pachon, Director of Finance, be approved. 7. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Chief Examiner, dated November 28, 2006 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 Attorney 8. Resolution of the Mayor and Common Council of the City of San Bernardino approving the hiring of Arias & Lockwood to represent the City regarding the case entitled Timothy Weisenberger, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. SCVSS 134901. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Clerk 9. Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election and Advisory th Election held on the 7 day of November 2006, declaring the results thereof and setting forth such other matters as are provided by law. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 96-188 for business registration and permit fees. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 512/04/2006 Development Services 11. Resolution of the City of San Bernardino authorizing the Mayor to execute Agreements for Services with the firms of Ninyo & Moore, Hilltop Geotechnical, Inc., and AMEC Earth & Environmental, Inc. for geotechnical investigations and construction material testing. (See Attached) (Cost to the City -- $150,000 from various Capital Improvement Plan projects.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Parcel Map for Parcel Map No. 17003, located on the west side of Tippecanoe Avenue 750 feet north of Central Avenue in the IL, Industrial Light land use district, accepting the public dedications as set forth on said Map, and authorizing execution of the Standard Form of Agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino establishing fair market value and minimum sale price for a certain City Water Department owned parcel of real th property generally located northwesterly of Bonita Vista Drive, south of 40 Street and west of Del Rosa Avenue, and setting a public hearing to consider said sale. (See Attached) (No cost to the City.) Ward 4 MOTION: That the Director of Development Services be authorized to proceed with the sale of City Water Department property located th northwesterly of Bonita Vista Drive, south of 40 Street and west of Del Rosa Avenue; and that said resolution be adopted. 14. Resolution of the City of San Bernardino ordering the summary street vacation of Rollins Way north of Norman Road and east of Foisy Street. (See Attached) (No cost to the City -- $600 summary vacation processing fee paid by applicant.) Ward 1 MOTION: That Plan No. 11924 showing the proposed vacation Rollins Way, north of Norman Road and east of Foisy Street, be approved; and that said resolution be adopted. 612/04/2006 15. Resolution of the City of San Bernardino authorizing and directing the execution of an easement to the City of Colton for groundwater well construction and nd monitoring purposes across City owned property located at 2737 W. 2 Street (Nicholson Park). (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 16. Item deleted. Parks, Recreation & Community Services 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute Amendment No. 6 to the Agreement with the San Bernardino City Unified School District to provide contractual services for seventeen (17) CAPS before & after-school recreation programs at school district sites for the period July 1, 2006 through June 30, 2007 and ratifying all action taken between July 1, 2006 and the approval of the resolution. (See Attached) (Cost to the City -- $6,792 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Police 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Chief of Police to execute a Participating Agency Hold Harmless Agreement and Agency Participation Agreement with the State of California Department of Corrections. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Public Services 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City to enter into a Memorandum of Understanding with the Energy Coalition, Southern California Edison Company, and Southern California Gas Company to implement the Community Energy Partnership in the City. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards 712/04/2006 MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an Annual Purchase Order No. 207326 to the San Bernardino Waste System Division for street sweeper dumping. (See Attached) (Cost to the City -- $65,000 from the Refuse Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Water 21. A Resolution of the Mayor and Common Council of the City of San Bernardino approving a Quitclaim Deed to CalMat Co., a Delaware Corporation, vacating a water utility easement to the owner of record to clear the title of the property. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 22. Item deleted. COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee on November 22, 2006 – Committee Members Present: Estrada, Johnson and Derry 23. Set a public hearing for January 8, 2007 to consider adjusting the current storm drain development impact fees. (See Attached) MOTION: That the Mayor and Common Council set a public hearing for 4:30 p.m. on Monday, January 8, 2007, to consider adjustment of the storm drain development impact fees. 24. Receive and file the 2005/2006 Year End Report. (See Attached) 812/04/2006 MOTION: That the Mayor and Common Council receive and file the FY 2005/2006 Year End Report. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing vehicle reimbursement allowance for various City employees, and repealing Resolution 89-15. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at the Personnel Committee meeting on November 27, 2006 – Committee Members Present: Estrada, Baxter & McCammack 26. Establish the position of Administrative Analyst I and delete the position of Draftsperson in the Development Services Department, Public Works/Engineering Division. (Document not available at time of printing.) MOTION #1: That the Mayor and Common Council establish the position of Administrative Analyst I, Range 4442, $4,024-$4,892 per month; and MOTION #2: That the Mayor and Common Council delete the position of Draftsperson, Range 1380, $2,954-$3,591 per month; and MOTION #3: That the Human Resources Department be authorized to update Resolution Nos. 6413 and 97-244. 27. Salary Adjustments for the Workers’ Compensation Adjusters, Risk Management Specialist, Risk Manager, Workers’ Compensation Manager and Human Resources Supervisor in the Human Resources Department. (Document not available at time of printing.) MOTION #1: That the Mayor and Common Council adjust the salary for two (2) Workers’ Compensation Adjusters from Range 1449, $4,167- $5,065 to Range 1469, $4,604-$5,597 per month; and MOTION #2: That the Mayor and Common Council adjust the salary for one (1) Risk Management Specialist from Range 1449, $4,167-$5,065 to Range 1485, $4,987-$6,062 per month; 912/04/2006 MOTION #3: That the Mayor and Common Council adjust the salary for one (1) Risk Manager from Range 4504, $5,483-$6,664 to Range 4523, $6,028-$7,327 per month; and (Item Continued on Next Page) 27. Continued. MOTION #4: That the Mayor and Common Council adjust the salary for one (1) Workers’ Compensation Manager from Range 4504, $5,483- $6,664 to Range 4523, $6,028-$7,327 per month; and MOTION #5: That the Mayor and Common Council adjust the salary for one (1) Human Resources Supervisor from Range 4489, $5,087- $6,184 to Range 4523, $6,028-$7,327 per month; and MOTION #6: That the Human Resources Department be authorized to update Resolution Nos. 6413 and 97-244. END OF COMMITTEE CONSENT PUBLIC HEARINGS Development Services TO BE HEARD AT 4:00 P.M. 28. Public hearing – resolution ordering work - Ohio Avenue and Chestnut Avenue Area Landscape Maintenance Assessment District No. 1049 – Tract No. 14881. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 5 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Ohio Avenue and Chestnut Avenue Area, approving the Final Engineer’s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1049, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor to open the hearing . . . 10 12/04/2006 MOTION: That the hearing be closed; and that said resolution be adopted. (4/5th vote required) TO BE HEARD AT 4:00 P.M. th 29. Public hearing – resolution ordering work – 6 Street and Sterling Avenue Area Landscape Maintenance Assessment District No. 1053 – Tract No. 17372. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 1 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public th convenience and necessity require the maintenance of landscaping in the 6 Street and Sterling Avenue Area, approving the Final Engineer’s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1053, ordering the work, confirming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. (4/5th vote required) TO BE HEARD AT 4:00 P.M. 30. Public hearing – resolution ordering work – Campus Parkway and Valles Drive Area Landscape Maintenance Assessment District No. 1054 – Tract No. 17699. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 5 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Campus Parkway and Valles Drive Area, approving the Final Engineer’s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1054, ordering the work, confirming the 11 12/04/2006 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. (4/5th vote required) TO BE HEARD AT 4:30 P.M. 31. Public hearing – resolution ordering the vacation of a portion of “I” Street, thth northerly of 13 Street and a portion of 13 Street, westerly of “I” Street. (See Attached) (No cost to the City - $1,200 processing fee paid by applicant.) Ward 1 Resolution of the City of San Bernardino ordering the vacation of a portion of thth “I” Street, northerly of 13 Street & a portion of 13 Street, westerly of “I” Street (Plan No. 11813) and reserving public utility easements therein. Mayor to open the hearing . . . MOTION: That the public hearing be closed; and the Findings of Fact, as set forth in the staff report from the Director of Development th Services, as to why a portion of “I” Street, northerly of 13 th Street and a portion of 13 Street, westerly of “I” Street is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS Police CONTINUED FROM NOVEMBER 20, 2006 32. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain Police Department records, documents and papers pursuant to Section 34090 and 34090.6 of the Government Code of the State of California. (No Cost to the City) (Backup material was distributed on November 20, 2006, Item No. 15.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services CONTINUED FROM NOVEMBER 20, 2006 12 12/04/2006 33. Resolution of the Mayor and Common Council of the City of San Bernardino rejecting the lowest bid as non-responsive and awarding bid to the next lowest responsive bidder NPG Corporation for miscellaneous street repairs as detailed in Bid Specification No. RFQ F-07-14 and authorizing the execution of an agreement and purchase order between the City of San Bernardino and NPG Corporation. (New Staff Report Attached) (Backup material distributed on November 6, 2006, Item No. 35; item was continued on November 20, 2006, Item No. 24.) (Item Continued on Next Page) 33. Continued. MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS TO BE HEARD AT 5:30 34. Joint workshop with the Mayor and Common Council and the Planning Commission related to the Redlands Passenger Rail Station Area Plans – EDA Boardroom. (See Attached) Resolution of the City of San Bernardino, approving in concept, the Redlands Passenger Rail Station Area Plans Report. (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that staff be directed to explore options for implementing the Redlands Passenger Rail Station Area Plans Report. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee on November 16, 2006 – Committee Members present: Johnson and Baxter R35. 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 Amendment No. 1 to the Redevelopment Project Study Agreement with ICO Fund V, LLC – Central City North Redevelopment Project Area. (See Attached) Ward 1 13 12/04/2006 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING TO BE HEARD AT 4:30 P.M. 36. Hearing - Appeal No. 06-15 – Appeal of Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to request elimination of a mitigation measure requiring a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station – project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district. (See Attached) Owner/Applicant: Victor Dipietro Vic Vin Enterprises, LLC 16400 Southcenter Parkway No. 308 Seattle, WA 98188 Appellant: Barry A. Ross Attorney at Law 7700 Irvine Center Drive, Ste. 710 Irvine, CA 92618-2929 Request/Location: The approval by the Planning Commission authorized the subdivision of approximately 10.33 acres into two parcels and construction of two industrial buildings of approximately 49,616 square feet and approximately 138,078 square feet. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district. Mayor to open the hearing . . . MOTION: That the matter be continued to January 22, 2007. END OF PLANNING ITEMS 14 12/04/2006 37. 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.) 38. 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, December 18, 2006, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 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 15 12/04/2006 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. 16 12/04/2006