HomeMy WebLinkAbout02-18-2003 Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, FEBRUARY 18, 2003 -1:30 P.M.
COUNCIL CHAMBERS
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management
(384-5244) two working days prior to the meeting for any requests for reasonable
accommodation to include interpreters. (Community Development Commission Items
are on page 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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02/18/2003
I. Continued.
California Bio-Mass, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 083473;
Jaime Alvarez, et al. v. City of San Bernardino - United States District
Court Case No. CV 00-0304 B;
Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez,
et al.- United States District Court Case No. EDCV 02-142 RT (SGLx);
La France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDV 00-107 (RNBx);
San Bernardino Redevelopment Agency v. William Cooper - San
Bernardino Superior Court Case No. SCVSS 67622;
Gonzales, Roy, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 54993;
Manta Management Corp. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 18157;
Jonathan Smith v. City of San Bernardino, et al.- United States District
Court Case No. CV98-1990 GAF (CTx).
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: VanRossum claim
C. Conference with legal counsel - anticipated litigation - ImtIatIOn 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.
(Item Continued on Next Page)
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I. Continued.
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 54956.6:
1.
Property Address:
APN 151-241-04, APN 151-241-17
- University and Northpark
Negotiating Parties:
Bernard Kersey, General Manager,
on behalf of the City of San
Bernardino Water Department and
Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency
Under Negotiation:
Purchase price, terms & conditions
2.
Property Address:
APN 0281-083-02; 0281-083-03;
0281-083-04; 0281-083-013; 0281-
083-014; 0281-083-015; 0281-083-
016; 0281-083-017; 0281-083-018;
0281-083-020; 0281-091-39
Negotiating Parties:
Gary Van Osdel on behalf of the
Redevelopment Agency and Jaks,
L.L.c.
Under Negotiation:
Purchase, terms & conditions
END OF CLOSED SESSION
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02/18/2003
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
17, 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. Council Minutes.
MOTION: That the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form: January 21,2003 (Distributed on 2110/03)
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02/18/2003
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to Issue
warrants as listed on the memorandum dated January 22, 2003
from Barbara Pachon, Director of Finance, be approved.
8.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated February 12, 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 Attorney's Office
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 Adrian Eugene Moore v. City of San Bernardino; San Bernardino
Police Officers Ernesto Antillon, Mike Golubic, Sgt. Schwenka, Bustamante,
Quiroz, and Lee Dean, Chief of Police. (See Attached)
MOTION: That said resolution be adopted.
Development Services
10. Reject all bids for the landscape median on "E" Street from 2nd Street to 4th
Street, per Plan No. 10454. (See Attached) (No cost to the City.) Ward 1
MOTION: That the Mayor and Common Council reject all bids for the
landscape median on "E" Street from 2nd Street to 4th Street, per
Plan No. 10454.
II. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Nikola Construction Corporation dba Nikola Corporation
for sewer improvements on Court Street, between "E" Street and "D" Street,
per Plan Drawing No. 10561. (See Attached) (Cost to the City -- $73,500
from the Sewer Line Construction Fund. ) Ward 1
MOTION: That said resolution be adopted.
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02/18/2003
12. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Gilbert Ayala and Sons Inc. for construction of pavement
rehabilitation (Phase III), per Plan No. 10581. (See Attached) (Cost to the City
-- $193,771 from the % Cent Sales and Road Tax Fund.) Wards 3&6
MOTION: That said resolution be adopted; and that the Finance Director be
authorized to amend the 2002/03 Capital Project Budget by
transferring $48,800 from Account No. 129-367-5504-7200 (9th
Street Pavement Rehabilitation) to Account Numbers 129-367-
5504- 7293 (Meridian Avenue Pavement Rehabilitation from Mill
Street to end - $30,300) and 129-367-5504-7297 (Meridian
A venue Pavement Rehabilitation for 6th to Etiwanda Avenue -
$18,500) to allow for the extension of work areas.
13. Resolution of the City of San Bernardino declaring its intention to order the
vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall
Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue,
north of Piedmont Drive. (See Attached) (No cost to the City -- $1,000 fee
paid by petitioner.) (See related Item No. 28.) Ward 4
MOTION: That said resolution be adopted.
Fire
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to issue a purchase order to the United
States Department of Health and Human Services - Supply Service Center in the
amount not to exceed $85,000.00 for pharmaceuticals. (See Attached) (Cost to
the City -- $85,000 from the Federal and State Programs Fund.)
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to issue a purchase order to L. N. Curtis &
Sons in the amount of $55,610.53 for self contained breathing apparatus
(SCBA). (See Attached) (Cost to the City -- $55,610.53 from the Federal and
State Programs Fund.)
MOTION: That said resolution be adopted.
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02/18/2003
Public Services
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to an annual purchase order to Metro dba Star Auto
Parts for the purchase of automotive parts and supplies utilized by the Public
Services Department Fleet Division. (See Attached) (Cost to the City --
$33,000 from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to an annual purchase order, with three (3) single year
renewal options to Tec of California for the purchase of specific equipment parts
for the Public Services Refuse Fleet utilized by the Public Services Department
Fleet Division. (See Attached) (Cost to the City - $10,000 from the Motor
Pool Fund.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval by the Grants Committee on January 14, 2003
- Members present: McCammack, Anderson.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application by the Director of Parks,
Recreation and Community Services for CDBG funding in the amount of
$19,500 from the Town of Apple Valley for the Senior Companion Program
(SCP). (See Attached) (No cost to the City -- $19,500 in grant funding
requested.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application by the Director of Parks,
Recreation and Community Services for CDBG funding in the amount of
$19,884 from the City of Victorville for the Senior Companion Program (SCP).
(See Attached) (No cost to the City -- $19,884 in grant funding requested.)
MOTION: That said resolution be adopted.
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02/18/2003
20. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application by the Director of Parks,
Recreation and Community Services for CDBG funding in the amount of
$19,884 from the City of Hesperia for the Senior Companion Program (SCP).
(See Attached) (No cost to the City -- $19,884 in grant funding requested.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application by the Director of Parks,
Recreation and Community Services for CDBG funding in the amount of
$83,500 from the County of San Bernardino Department of Economic &
Community Development for the Senior Companion Program (SCP). (No cost
to the City -- $83,500 in grant funding requested.) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARING
City Clerk
TO BE HEARD AT 4:00 P.M.
22. Public hearing - Resolution imposing liens on real property located in San
Bernardino for uncollected business registration fees. (See Attached) (No cost
to the City.)
Resolution of the City of San Bernardino imposing liens on certain parcels of
real property located within the City of San Bernardino for uncollected business
registration fees.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the City Clerk be directed to
administratively remove any properties from Exhibit A which
have been paid prior to the hearing; and that said resolution be
adopted.
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02/18/2003
Development Services
TO BE HEARD AT 4:00 P.M.
23. Public hearing - Resolution ordering a proposed vacation of a lO-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 processing fee paid
by applicant.) Ward 2
Resolution of the City of San Bernardino ordering the vacation of a 10- foot
public utility easement located between 20th Street and 21 51 Street, west of
Kenwood Avenue.
Mayor to open the hearing . . .
MOTION: That the public hearing be closed and the Findings of Fact, as set
forth in the Staff Report dated February 4, 2003, from James
Funk, Director of Development Services, as to why a lO-foot
public utility easement located between 20th Street and 21 51 Street,
west of Kenwood Avenue is no longer necessary for public street
purposes, be adopted; and that said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
City Attorney's Office
CONTINUED FROM FEBRUARY 3, 2003
24. Conflicts of Interest Advisement. (Backup material was distributed on
January 21, 2003, Item No. S2; continued to February 3, 2003, Item No.
15.)
END OF CONTINUED ITEMS
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02/18/2003
STAFF REPORTS
City Administrator
25. Report by City Administrator concerning the City's agreement for utility user's
tax compliance services with MMC (Don Maynor, et. al) relative to the
settlement agreement with In Touch Communications, Inc.
City Attorney's Office
26. Transfer and appropriation of funds relating to the budget of the City Attorney's
Office.
MOTION:
#1
MOTION:
#2
That the Economic Development Agency is directed to reimburse
the City General Fund in the amount of $137,000 from the
low/moderate income housing funds received from the Inland
Valley Development Agency; said reimbursement is for $137,000
spent from the City's General Fund this fiscal year for defense
of the Alvarez v. City of San Bernardino case. In addition,
$90,000 will be transferred from the City's
undesignated/unreserved General Fund balance or from the
City's General Fund reserve. $10,000 will be transferred from
salary savings in the City Attorney's budget to Account No. 001-
051-5123 (law library books).
The Director of Finance is directed to amend the Fiscal Year
2002-2003 City Attorney's budget to credit Account No. 001-
051-5177 (Litigation Expenses) $25,400 and to credit Account
No. 001-051-5503 (Litigation - Outside Attorneys) $111,600 and
to add the sum of $90,000 to Account No. 001-051-5503
(Litigation - Outside Attorneys) and to credit the sum of
$10,000 for salary savings in the City Attorney's budget to
Account No. 001-051-5123 (law library books)
or
That the Director of Finance is directed to amend the Fiscal
Year 2002-2003 City Attorney's budget and increase Account
No. 001-051-5123 (law library books) by $10,000, which is
transferred from salary savings in the City Attorney's budget,
and increase Account No. 001-051-5503 (Litigation - Outside
Attorneys) by $201,600 and Account No. 001-051-5177
(Litigation Expenses) by $25,400; $185,000 will come from the
City's undesignated/unreserved General Fund balance or the
City's General Fund reserve; the remaining $42,000 will be
appropriated from the City's General Fund reserve.
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02/18/2003
Development Services
27. Ordinance of the City of San Bernardino amending Section 10.24.190 of the San
Bernardino Municipal Code to prohibit commercial vehicles on Poplar Street
between Pepper A venue and Meridian A venue and Meridian A venue between
Mill Street and the end of Meridian Avenue north of Walnut Street. FIRST
READING (See Attached) (Cost to the City -- $300 from the General Fund.)
Ward 3
MOTION: That said ordinance be laid over for final adoption.
END OF STAFF REPORTS
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02/18/2003
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
TUESDAY, FEBRUARY 18, 2003 - 7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
28. Public hearing - General Plan Amendment No. 00-02 deleting portions of
Piedmont Drive, Marshall Boulevard and Victoria A venue from the General
Plan Circulation Element. (See Attached) (No cost to the City.) Ward 4
(See related Item No. 13.)
Resolution of the City of San Bernardino adopting General Plan Amendment
No. 00-02 to the General Plan of the City of San Bernardino, to delete portions
of Piedmont Drive, Marshall Boulevard, and Victoria Avenue from the General
Plan. (Resolution not available at time of printing.)
Applicant/Owner:
San Manuel Band of Mission Indians
26524 Indian Service Road
Highland, CA 92346
Request/Location: The applicant requests to delete the following arterials from
the General Plan Circulation Element:
a. Piedmont Drive: from Marshall Boulevard, northwesterly a distance of
1,160 feet, to the City limits and the existing portion of Piedmont Drive,
currently designated a secondary arterial.
b. Marshall Boulevard: from the east side of Rockford Avenue, easterly a
distance of 835 feet, to Victoria Avenue, currently designated a
secondary arterial.
c. Victoria Avenue: from 100 feet north of Piedmont Drive, a distance of
725 feet northerly, currently designated a secondary arterial.
(Item Continued on Next Page)
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02/18/2003
28. Continued.
The applicant also requests that the City vacate previously dedicated roadway
easements for Piedmont Drive, between Marshall Boulevard and Blythe Avenue
(extended) .
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and Common Council
adopt the Mitigated Negative Declaration, Mitigation
Monitoring/Reporting Program, and General Plan Amendment
No. 00-02; and that said resolution be adopted.
TO BE HEARD AT 7:00 P.M.
29. Public hearing - General Plan Amendment 02-07 and Conditional Use Penn it
No. 02-13 to change the land use designation from RU-l, Residential Urban to
CG-l, Commercial General and to establish a mini storage facility for a 9.8 acre
parcel on the north side of Kendall Drive, approximately 1,250 feet east of Palm
Avenue. (See Attached) (No cost to the City.) Ward 5
Resolution of the City of San Bernardino adopting General Plan Amendment
No. 02-07 to the General Plan of the City of San Bernardino, to amend the
General Plan Land Use Designation from RU-l, Residential Urban, to CG-l,
Commercial General, for 9.8 acres located on the north side of Kendall Drive,
approximately 1,250 feet easterly of Palm Avenue. (Resolution not available
at time of printing.)
Mayor to open the hearing . . .
MOTION:
#1
MOTION:
#2
That the hearing be closed; that the Mayor and Common
Council adopt the Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Program; adopt the resolution approving
General Plan Amendment No. 02-07, and approve Conditional
Use Permit No. 02-13, based on the Findings of Fact contained in
the Planning Commission staff report (Exhibit I), subject to the
Revised Conditions of Approval (Exhibit 4) and Standard
Requirements, (Exhibit I, Attachment D), per the
recommendation of the Development Services Department; or
That the hearing be closed; that the Mayor and Common Council
deny General Plan Amendment No. 02-07 and Conditional Use
Permit No. 02-13 per the recommendation of the Planning
Commission, and continue for two weeks for Development
Services to bring proposed Findings of Fact to the Council.
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02/18/2003
30. Determination of Public Convenience and Necessity for a Type 20 Liquor
License for Carniceria El Rodeo Meat Market located at 1208 West 5th Street.
(See Attached) (No cost to the City.) Ward 1
MOTION: That the Mayor and Common Council make a determination that
the public convenience or necessity is served and direct the
Development Services Department to send a letter to the
Department of Alcoholic Beverage Control for a Type 20 (off-
sale beer and wine) liquor license for Carniceria El Rodeo
Market located at 1208 West 5th Street.
END OF PLANNING ITEMS
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R31. A Resolution of the Mayor and Common Council of the City of San Bernardino
renewing the City's Participation in the Agua Mansa Recycling Market
Development Zone. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
32. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute
limitation shall apply to each member of the public who wishes to address the
Mayor and Common Council/Community Development Commission on a matter
not on the agenda. No member of the public shall be permitted to "share"
his/her three minutes with any other member of the public. (Usually any items
heard under this heading are referred to staff for further study, research,
completion and/or future Council/Commission action.)
33. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for I: 30 p. m., Monday,
March 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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02/18/2003
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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