HomeMy WebLinkAbout01-21-2003 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, JANUARY 21,2003 - 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 12-14.)
CALL TO ORDER:
PRESENT:
ABSENT:
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address the Mayor and Common Council/Community Development Commission. No
member of the public shall be permitted to "share" his/her three minutes with any other
member of the public.
CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and the Community
Development Commission recess to closed session for the
following:
A. Conference with legal counsel - eXIstmg litigation - pursuant to
Government Code Section 54956.9(a):
David M. Sanborn v. Avila Construction, et al. - San Bernardino
Superior Court Case No. SCVSS 078410;
(Item Continued on Next Page)
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I. Continued.
Manta Management Corporation v. City of San Bernardino - San
Bernardino Superior Court Case No. SCV 18157;
Michelle P. Arroyo v. City of San Bernardino, et al. - United States
District Court Case No. CV 8967 ABC (SHSx);
Adrian Eugene Moore v. City of San Bernardino; San Bernardino Police
Department; and Officers Ernesto Antillon; Doug Brennan, Mike
Golubic, Sgt. Schwenka, Bustamante, Quiroz and Chief of Police -
United District Court, Central District of California Case No. EDCV 01-
03064 D D P (RZ).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956. 9: Van Rossum claim.
C. Conference with legal counsel - anticipated litigation - ImtIatIOn of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9: four potential cases.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
(I) Fire negotiation issue
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
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
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/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 January 5, 2003
from Barbara Pachon, Director of Finance, be approved.
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7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated January 15, 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 the Mayor to execute a settlement agreement and general release
with In Touch Communications, Inc., concerning utility user's tax. (See
Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
City Attorney
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Lewis,
Brisbois, Bisgaard & Smith and the City of San Bernardino to represent the City
in the case of Michelle P. Arroyo v. City of San Bernardino, et al. (See
Attached)
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Mundell, Odium, & Haws and the City of San Bernardino to represent the City
in the case of Dale Blackwell v. City of San Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
II. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with Jeff and Lisa Harvey for
utilization of bloodhounds at the San Bernardino Police and Fire Departments.
(Resolution not available at time of printing.
MOTION: That said resolution be adopted.
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Development Services
12. Resolution of the City of San Bernardino approving Amendment No. 2 to
Agreement for Professional Services with David Evans and Associates, Inc. for
additional design services associated with the design of the widening of Del
Rosa Drive and Third Street at the San Bernardino International Airport. (See
Attached) (Cost to the City -- $1,000 from the Street Construction Fund.)
(Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a revised Freeway Agreement with the State of
California, Department of Transportation (CALTRANS) for the right-of-way
acquisition and construction of the State Route 215 Freeway. (See Attached) (No
cost to the City.) (Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Pro Tech Engineering Corp., for street lighting on Base
Line Street from Victoria Avenue to a point 1000' westerly, per Plan No.
10397. (See Attached) (Cost to the City - $30,000 from the Traffic Systems
Construction Fund. ) Ward 7
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino declaring its intention to order the
vacation of a 10- foot public utility easement located between 20th Street and 21 51
Street, west of Kenwood Avenue. (See Attached) (No cost to the City --
$1,000 fee paid by applicant.) (Resolution not available at time of
printing.) Ward 2
MOTION: That said resolution be adopted.
16. Authorization to advertise a Notice Inviting Bids for the sale of three City
owned parcels located north and south of Orange Show Road, west of Waterman
Avenue. (See Attached) (No cost to the City.) Ward 3
(Item Continued on Next Page)
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16. Continued.
MOTION: That the Director of Development Services be authorized to
advertise a Notice Inviting Bids for the sale of three City owned
parcels located north and south of Orange Show Road, west of
Waterman Avenue (Parcel One: APN 0136-431-34; Parcel Two:
APN 0136-431-35; Parcel Three: APN 0136-441-26).
Human Resources
17. Resolution of the City of San Bernardino amending Resolution No. 6413,
Section Ten, entitled in part "A Resolution... establishing a basic compensation
plan..."; by updating information codifying prior Council actions (General
Unit). (See Attached) (No additional cost to the City.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
18. Resolution of the City of San Bernardino amending Resolution No. 6429,
entitled in part "A Resolution.. .establishing a basic compensation plan for
officers and/or employees of the Police and Fire Departments of the City of San
Bernardino." (See Attached) (No additional cost to the City.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino or
her designee to execute an agreement to provide mentoring services for the
County of San Bernardino Community Services Department for the period
October 15, 2002 through October 14, 2003. (No cost to the City.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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Police Department
20. Resolution of the Mayor and Common Council ratifying the signature of the
Mayor's designee for a one month extension of the current contract with the
Wackenhut Corporation and authorizing a service agreement and annual
purchase order to the Wackenhut Corporation in an amount not to exceed
$149,021 for jail operations effective 2-1-03 through 6-30-03. (Cost to the City
-- $173,821 from the General Fund.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Public Services
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing I) an increase to the annual purchase orders to Matich Corporation
and/or Vulcan Materials/Cal Mat Division to supply materials for roadway
pavement rehabilitation for use by the Public Services Department; and 2)
issuance of three separate purchase orders to Matich Corporation and/or Vulcan
Materials/Cal Mat Division to supply asphalt materials for roadway pavement
rehabilitation of three capital improvement projects. (See Attached) (Cost to the
City -- $69,300 from the General Fund, and $42,500 from the % Cent Sales
and Road Tax Fund.) (Resolution not available at time of printing.)
Wards 4,6&7
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval by the Grants Committee on November 25,
2002 - Committee Members Present: McCammack and Anderson
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Police Department to accept the grant for the California State
University Partnership from the State Department of Alcohol Beverage Control
in the amount of $50,000. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
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Recommended for approval by the Grants Committee on January 14, 2003
- Committee Members Present: McCammack & Anderson
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing submittal of a grant application to the State of California Business,
Transportation and Housing Agency, Office of Traffic Safety (OTS) in the
amount of $90,000. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Recommended for approval by the Grants Committee on January 14, 2003
- Committee Member Present: McCammack & Anderson
24. Resolution of the City of San Bernardino authorizing the Police Department to
apply for Year Two funding to continue the Value-Based Initiative Grant and
expend grant funds in accordance with the grant expenditure budget.
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Recommended for approval by the Personnel Committee on January 13,
2003 - Committee Members Present: McGinnis, Suarez and McCammack:
25. Reclassify one (I) Administrative Clerk III to Secretary in the Code Compliance
Department. (See Attached)
MOTION #1: That the Mayor and Common Council reclassify the
Administrative Clerk III, Range 1321, $2,201-$2,675 to
Secretary, Range 1341, $2,432-$2,956 in the Code Compliance
Department; and
MOTION #2: That the Human Resources Director be directed to update
Resolution No. 6413, Section Ten to reflect this particular action.
END OF COMMITTEE CONSENT
PUBLIC HEARING
TO BE HEARD AT 4:00 P.M.
26. Public hearing - Resolution of Necessity for the acquisition of real property by
eminent domain - corner of 2nd Street and Viaduct Boulevard, relative to the
extension of Giovanola Avenue. (See Attached) (Cost to the City -- $45,800
from the Gas Tax Fund. ) Ward 1
(Item Continued on Next Page)
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26. Continued.
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
located on the northeast corner of 2nd 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; that said resolution be adopted; and
that the Director of Finance be authorized to amend the FY 2002-
03 Gas Tax Budget and transfer $45,800 from Account No. 126-
369-5504-7345 (Miscellaneous Street Projects) to Account No.
126-369-5504-7351 (Right of Way- Giovanola & 2nd Street).
TO BE HEARD AT 4:00 P.M.
27. Public hearing - Resolutions of Necessity for the acquisition of real property (3
parcels) by eminent domain - extension of Campus Parkway (formerly
referenced as Pepper Linden Drive) north of Kendall Drive. (See Attached)
(Cost to the City -- $99,280 from the Gas Tax Fund.) Ward 5
A. 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 located north of Kendall Drive, east of the Devil's
Creek Flood Control Channel, known as Assessor's Parcel Number
0261-231-06, relative to the extension of Campus Parkway, formerly
referenced as Pepper Linden Drive, in San Bernardino. (Resolution not
available at time of printing.)
B. 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 located north of Kendall Drive, east of the Devil's
Creek Flood Control Channel, known as Assessor's Parcel Number
0261-231-07, relative to the extension of Campus Parkway, formerly
referenced as Pepper Linden Drive, in San Bernardino. (Resolution not
available at time of printing.)
(Item Continued on Next Page)
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27. Continued.
C. 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 located north of Kendall Drive, east of the Devil's
Creek Flood Control Channel, known as Assessor's Parcel Number
0261-231-27, relative to the extension of Campus Parkway, formerly
referenced as Pepper Linden Drive, in San Bernardino. (Resolution not
available at time of printing.)
MOTION #1: That the hearing relative to partial acquisition of right of
way, slope and drainage easement for APN 0261-231-06
(McGrew), be closed; and
MOTION #2: That the hearing relative to partial acquisition of a slope
and drainage easement for APN 0261-231-07 (Haensly),
be closed; and
MOTION #3: That the hearing relative to partial acquisition of a slope
and drainage easement for APN 0261-231-27
(Sehremelis), be closed; and
MOTION #4: That said resolutions A-C, be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
Development Services
CONTINUED FROM DECEMBER 2, 2002
28. Request for continuance of Resolution approving Final Map for Tentative Tract
No. 14112, located northeasterly of the intersection of Foothill Drive and
Sterling Avenue. (New Staff Report Attached) (Original backup material was
distributed on December 3, 2001, Item No. 28; continued to March 4, 2002,
Item No. 24; continued to June 3, 2002, Item No. 26; continued to
December 2,2002, Item No. 28.) Ward 4
MOTION: That the Final Map for Tentative Tract No. 14112 be continued
to the meeting of May 19, 2003.
END OF CONTINUED ITEMS
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STAFF REPORTS
City Administrator
29. Resolution of the Mayor and Common Council of the City of San Bernardino
granting a revocable license to the Southern California Gas Company for its
operation in the City of San Bernardino. (See Attached) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
30. Item deleted.
Council Office
31. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting the mission statement for a coalition of Organized Labor and Local
Governments within the Inland Empire created under the auspices of the League
of California Cities Grassroots effort for the purpose of protecting local
government services and revenues. (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Development Services
32. Presentation by SANBAG to obtain Council comments regarding the status of
Route 210 Project and overall SANBAG funding issues. (See Attached)
Mayor's Office
TO BE HEARD AT 4:00 P.M.
33. An Ordinance of the City of San Bernardino amending Chapter 8.60 of the San
Bernardino Municipal Code relating to Fireworks. FIRST READING
(Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
END OF STAFF REPORTS
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
TUESDAY, JANUARY 21,2003 - 7:00 P.M.
PRESENT:
ABSENT:
Recommended for approval by the Redevelopment Committee on January
9,2003 - Members Present: Anderson, Suarez and Estrada
TO BE HEARD AT 7:00 P.M.
R34. Public hearing - multi-family Mortgage Revenue Bonds for the Sycamore Ridge
Apartments by the California Statewide Communities Development Authority.
Ward 7
Resolution of the Mayor and Common Council of the City of San Bernardino
approving the issuance of Multi-Family Housing Revenue Bonds by the
California Statewide Communities Development Authority for the Sycamore
Ridge Apartments in the City of San Bernardino, California. (Resolution not
available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
R35. Authorize execution of Change Order No. One to contract with Fibrwrap
Construction, Inc. for seismic retrofit and repair of City's five-level parking
structure, per Plan No. 10304-A. (See Attached) (Cost to the Agency --
$28,317.93 from EDA Funds.) Ward 1
MOTION #1:
That the Community Development Commission authorize
approval of the use of bond proceeds in the amount of
$28,317.93 for Change Order No. One with the
agreement with Fibrwrap Construction, Inc.
(Item Continued on Next Page)
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R35. Continued.
MOTION #2:
That the Mayor and Common Council authorize the
execution of Change Order No. One, to contract with
Fibrwrap Construction, Inc. in the amount of $28,317.93
for seismic retrofit and repair of City's five-level parking
structure, per Plan No. 10304-A.
Recommended for approval by the Redevelopment Committee on January
9,2003 - Members Present: Anderson, Suarez and Estrada
R36. Acceptance of additional Neighborhood Initiative Program (NIP) Funds in the
amount of $1 million - use of NIP Funds; and Amendment No.2 to City and
Agency Infrastructure Agreement. Ward 2
MOTION #1:
That the Community Development Commission accept
from the County of San Bernardino Neighborhood
Initiative Program (NIP) Grant Fund an additional $1
million and authorize the Agency Executive Director to
implement the two new NIP Programs, the Multi-Family
Housing Exterior Beautification Grant and Infill
Affordable Housing Grant as described in the staff report,
dated January 9, 2003, from Maggie Pacheco, Deputy
Director, Economic Development Agency;
A. Resolution of the Community Development Commission of the City of
San Bernardino authorizing the Agency Executive Director to execute
Amendment No.2 to the Agreement dated July 1,2002 by and between
the Redevelopment Agency and the City of San Bernardino for the
provision of additional infrastructure improvements in Neighborhood
Initiative Program (NIP) Target Area #1. (Resolution not available at
time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Mayor, or her designee, to
execute Amendment No.2 to the Agreement dated July 1,2002 by and
between the City of San Bernardino and the Redevelopment Agency of
the City of San Bernardino for the provision of additional infrastructure
improvements in Neighborhood Initiative Program Target Area #1.
(Resolution not available at time of printing.)
MOTION #2:
That said resolutions A & B, be adopted.
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Recommended for approval by the Redevelopment Committee on January
9,2003 - Members Present: Anderson and Suarez
R37. A Resolution of the Community Development Commission of the City of San
Bernardino authorizing the Executive Director of the Redevelopment Agency to
execute Amendment No. I to the 1999 Grant Agreement by and between Casa
Ramona, Inc., and the Redevelopment Agency of the City of San Bernardino.
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
38. 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.)
39. Adjournment.
MOTION: That the meeting be adjourned to Monday, January 27, 2003, at
9:00 a.m., in the Economic Development Agency Boardroom to
review the Fiscal Year 200212003 City and Economic
Development Agency budgets.
NOTE: The next joint regular meeting is scheduled for I: 30 p. m., Monday,
February 3, 2003, in the Council Chambers of City Hall, 300 North "D" Street.
The public portion of the meeting will begin at 3:00 p.m.
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01/21/2003
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.
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