HomeMy WebLinkAbout03-03-2003 Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 3,2003 -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 9 & 10.)
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.
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);
Windy Anno v. City of san Bernardino, et al. - San Bernardino Superior
Court Case No. SCVSS 080739;
Ronald Arnett, et al. v. California Public Employees' Retirement System
(PERS), et al. - United States District Court Case No. C 95 3022 CRB;
Manta Management Corp. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 18157;
Inland Valley Development Agency v. Elisa L. Gurrola, et al. - San
Bernardino Superior Court Case No. SCVSS 087907;
Inland Valley Development Agency v. Robert C. Newman II, et al. -
San Bernardino Superior Court Case No. SCVSS 089202
Daniel Cravens v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 076715;
Fayez Hussein aka David Hussein, and Numan Kofrani v. City of San
Bernardino - San Bernardino Superior Court Case No. SCVSS 94105;
Robert Miller v. City of San Bernardino, Sgt. Durwood Williams, and
Does I through 10, Inclusive - United States District Court Case No.
EDCV-02-407 V AP (SGLx).
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 and Cypress Inn
Mobile Home Park.
(Item Continued on Next Page)
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I. Continued.
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:
(I) Fire negotiation issue
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property:
HUB Properties
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
0281-081-08
0281-081-09
0281-081-10
0281-081-11
0281-081-12
0281-081-13
0281-081-14
0281-081-16
0281-081-17
0281-081-18
0281-081-19
0281-081-20
0281-082-01
0281-082-02
0281-082-03
Raymond M. Tucker Living Trust
Douglas R. Nelson
Jimmy R. Wiley
Julio D. Rodriguez, Anthony Rodriguez
Seng Kin Yeo
Robert A. Lester, Ivy Y. Lester
Estefani Liaou
Francisco Perpuly
Oscar Miranda, Jose Miranda
Henry W. Shelton, Betty 1. Shelton
Kam Mie Nanney-Wong
Kam Mie Nanney-Wong
Juan P. Trujillo, Consuelo Y. Trujillo
Juan P. Trujillo, Consuelo Y. Trujillo
Pomona First Federal
Under Negotiation: Purchase price, terms & conditions
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its nonnal
sequence on the agenda. Infonnation concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
15, 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 27, 2003
February 3, 2003
(Distributed on 2/27/03)
(Distributed on 2/27/03)
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7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated February 25, 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 25, 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.
Development Services
LAID OVER FROM FEBRUARY 18, 2003
9. 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. FINAL
READING (Backup material was distributed on February 18, 2003, Item
No. 27.) Ward 3
MOTION: That said ordinance be adopted.
10. 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 declaring Sixteenth Street a through highway at its
intersections with Clyde Street, Glenview Street, Flores Street, Massaro Lane,
Hancock Street and Cabrera Avenue. (See Attached) (Cost to the City --
$1,200.00 from the General Fund.) (Resolution not available at time of
printing.) Ward 6
MOTION: That said resolution be adopted.
11. Negative Declaration for street improvements associated with the Pepper Linden
Drive Extension (proposed Campus Parkway) from Kendall Drive to Northpark
Boulevard and installation of a traffic signal at Pepper Linden Drive and Kendall
Drive. (See Attached) (No cost to the City) Ward 5
(Item Continued on Next Page)
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II. Continued.
MOTION: That the Negative Declaration for street improvements to Pepper
Linden Drive (proposed Campus Parkway) from Kendall Drive to
Northpark Boulevard and installation of traffic signal at Pepper
Linden Drive (Campus Parkway) and Kendall Drive, be adopted.
12. Authorize execution of Change Order No. One to Laird Construction Co., Inc.,
for pavement rehabilitation on Lexington Parkway from Hallmark Parkway to
cul-de-sac; Saratoga Way from Georgia Boulevard to Hallmark Parkway;
Shenandoah Way from Hallmark Parkway to cul-de-sac; Georgia Boulevard
from Gannett Parkway to Saratoga Way and Gannett Parkway from Georgia
Boulevard to Hallmark Parkway per Plan No. 10510 and authorize the Finance
Director to amend the FY 2002/03 budget. (See Attached) (Additional cost to
the City -- $44,950.16 from the AB 2928 Fund.) Ward 6
MOTION #1: That the Mayor and Common Council authorize execution of
Change Order No. One in the amount of $44,950.16 to contract
with Laird Construction Co. Inc., for pavement rehabilitation on
Lexington Parkway from Hallmark Parkway to cui-dei-sac;
Saratoga Way from Georgia Boulevard to Hallmark Parkway;
Shenandoah Way from Hallmark Parkway to cul-de-sac, Georgia
Boulevard from Gannett Parkway to Saratoga Way and Gannett
Parkway from Georgia Boulevard to Hallmark Parkway per Plan
No. 10510; and
MOTION #2: That the Mayor and Common Council authorize the Director of
Finance to amend the 2002/03 Capital Project budget by
establishing new Account No. 135-378-5504-xxxx (California
Street) in the amount of $90,000, and Account No. 135-378-
5504-xxxx (Hallmark Parkway) in the amount of $204,000 in the
FY 2002/03 budget and transferring $294,000 from Account No.
135-378-5504-7287 through 7291 to Account No. 135-378-5504-
xxxx (California Street - $90,000) and Account No. 135-378-
5504-xxxx (Hallmark Parkway - $204,000), leaving the
remainder in Unreserved Fund 135 fund balance; and
MOTION #3: That the Purchasing Manager be authorized to increase the
project contingencies by $20,000 from $27,037 to $47,037.
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Parks, Recreation & Community Services
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order between the City of San
Bernardino and Diversified Metal Fabricators, Inc. for the purchase of bleachers
per RFP Bid Specification F03-021. (See Attached) (Cost to the City --
$38,500 from the Park Construction Fund.) Wards 1, 4 & 6
MOTION: That said resolution be adopted.
Police
14. Resolution of the City of San Bernardino authorizing the execution of an
agreement with the California Highway Patrol and the San Bernardino Police
Department regarding the Cargo Theft Interdiction Program. (See Attached)
(Cost to the City -- $96,815 from the General Fund.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
Water Department
15. A Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an Easement Agreement with the City of
Colton for power transmission lines. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARING
Development Services
TO BE HEARD AT 4:00 P.M.
16. Public hearing - resolution ordering work - California Street and 16th Street
Landscape Maintenance Assessment District No. 1029 - Tract No. 13822. (See
Attached) (No cost to the City -- $4,000 processing fee paid by applicant.)
Ward 6
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots representing at least fifty percent
(50%) affirmative votes for the proposed assessment have been received and that
the public convenience and necessity require the maintenance of landscaping in
the area of California Street and 16th Street, approving the Final Engineer's
Report, creating an Assessment District to cover the costs of said maintenance,
known as Assessment District No. 1029, ordering the work, confirming the
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2003-2004 Assessment Roll, and determining that the Special Assessment
Investigation, Limitation, and Majority Protest Act of 1931 shall not apply.
16. Continued.
MOTION: That the hearing relative to the formation of the California Street
and 16th Street Landscape Maintenance Assessment District No.
1029, be closed; and that said resolution be adopted.
END OF PUBLIC HEARING
CONTINUED ITEMS
City Attorney's Office
CONTINUED FROM FEBRUARY 18, 2003
17. Conflicts of Interest Advisement. (Backup material was distributed on
January 21, 2003, Item No. S2; continued to February 3, 2003, Item No.
15; continued to February 18, 2003, Item No. 24.)
END OF CONTINUED ITEMS
STAFF REPORTS
City Clerk
Heard at Le~islative Review Committee on February 20,2003 - Members
Present: Council Members Lon~ville and Derry
18. An Ordinance of the City of San Bernardino amending Section 5.04.500 of the
San Bernardino Municipal Code and adding Section 5.04.501 to the San
Bernardino Municipal Code relating to discount malls and swap meets. (See
Attached) FIRST READING
MOTION: That said ordinance be laid over for final adoption.
Council Office
19. Legislative Task Force Update.
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END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION ITEMS
CONTINUED FROM JANUARY 27,2003
TO BE HEARD AT 4:00 P.M.
R20. Public hearing - reallocation of Community Development Block Grant (CDBG)
funds for Downtown "E" Street Median Project - award of construction
contract and Old Towne Streetscape Plan. (Backup material was distributed
on December 16, 2002, Item No. R33; item was continued to January 27,
2003, Item No.2.) (Cost to the Agency/City -- $350,000 from Community
Development Block Grant Funds and from Gas Tax Funds.) Wards 1 & 2
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a contract to International Pavement Solutions, Inc. for
the construction of the Downtown "E" Street Median Project.
The hearing remains open. . .
MOTION: That the matter be tabled.
CONTINUED FROM FEBRUARY 3, 2003
R21. Covenant Development Agreement - Covenant Development Inc., and
Amendment No. One to the Loan Agreement for the Verdemont Improvements.
(Backup material was distributed on December 2,2002, Item No. R35 B &
C; item was continued to January 6,2003, Item No. R19 A & B; item was
continued to February 3,2003, Item No. R21 A & B.) Ward 5
A. A Resolution of the Community Development Commission of the City of
San Bernardino authorizing and approving the Agency Executive
Director to execute the Amendment No. I to the Loan Agreement for the
Verdemont Improvements dated January 15, 1993 by and between the
Redevelopment Agency and the City of San Bernardino which provides
for the collection and distribution of certain development fees (from the
Dr. Feldkamp predecessor to Covenant Development Inc., Bice and
Glaziers properties) to fund the construction of the Verdemont Fire
Station. (Resolution not available at time of printing.)
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03/03/2003
(Item Continued on Next Page)
R21. Continued.
B. A Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing and approving the Mayor to execute the
Amendment No. I to the Loan Agreement for the Verdemont
Improvements dated January 15, 1993 by and between the
Redevelopment Agency and the City of San Bernardino which provides
for the collection and distribution of certain development fees (from the
Dr. Feldkamp predecessor to covenant Development Inc., Bice and
Glaziers properties) to fund the construction of the Verdemont Fire
Station. (Resolution not available at time of printing.)
MOTION: That the matter be tabled.
R22. Tippecanoe Retail Project - Inland Valley Development Agency. (See
Attached) (Cost to the Agency - unknown at this time.) Ward 3
MOTION: That the Community Development Commission of the City of
San Bernardino authorize the Executive Director to execute the
Operating Memorandum No. 2 dated March 3, 2003, by and
between the Inland Valley Development Agency and the
Redevelopment Agency of the City of San Bernardino together
with such non-substantive changes as are approved by City
Attorney.
R23. A Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Agency Executive Director to execute
the Old Towne Single-Family Acquisition and Construction Grant Funding
Agreement with Creative Housing Solutions, a non-profit organization
(acquisition of vacant lots, development of new housing and possible relocation
of district homes in Old Towne). (Resolution not available at time of
printing.) Wards 1&2
MOTION: That the Community Development Commission of the City of
San Bernardino accept and approve the Conceptual Beautification
Action Team (BAT) Neighborhood Revitalization Strategy for the
Old Towne San Bernardino Area, generally located between 6th
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and 9th Streets, F Street to the 1-215 (Central City North and
Uptown Redevelopment Project Areas); and that said resolution
be adopted.
24. 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.)
25. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for I: 30 p. m., Monday,
March 17, 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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03/03/2003
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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