HomeMy WebLinkAbout03-17-2003 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 17, 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 9.)
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;
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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);
Manta Management Corp. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 18157;
Avila Construction, Inc., et al. v. City of San Bernardino, et al. - United
States District Court Case No. CV 02-9730 AHM (RNBx);
City of San Bernardino Municipal Water Department v. The United
States Department of the Army - United States District Court Case No.
CV 96-5205;
Shirley J. Goodwin v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 96-66 R T (V APx);
In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation -
Case No. RS 02-18493MG.
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.
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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 54956.8:
1.
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; and 0281-091-39
Negotiating Parties:
Gary Van Osdel on behalf of the
Redevelopment Agency and Jaks,
L.L.c.
Under Negotiation:
Purchase price, terms & conditions
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
12, 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: February 18, 2003 (Distributed on 3112/03)
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7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated March 6, 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
8. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement with Psomas, Inc., for engineering
services for the development of the Vision Creek Storm Drain and Park project.
(See Attached) (Cost to the City -- $115,800 from the Storm Drain
Construction Fund.) (Resolution not available at time of printing.)
Wards 1,2&3
MOTION: That said resolution be adopted; and that the Mayor and Common
Council authorize the Finance Director to amend the 2002/03
Capital Project Budget by appropriating $34,100 from
Unallocated Storm Drain Fund balance to Account No. 248-368-
5504-7257 (20/20 Vision Creek/Town Creek Storm Drain).
9. Authorize the execution of Change Order No. One to contract with Matich
Corporation for Laurelwood Drive realignment between Tippecanoe A venue and
Orchard Drive (Phase I) per Plan No. 10373. (See Attached) (Cost to the City -
- $58,086.73 from the Street Construction Fund.) Ward 1
MOTION: That the Mayor and Common Council authorize the execution of
Change Order No. One in the amount of $58,086.73 to contract
with Matich Corporation for Laurelwood Drive realignment
between Tippecanoe Avenue and Orchard Drive (Phase I) per
Plan No. 10373.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Subdivision Tract No. 15407, located on the
southeast corner of Irvington and Olive Avenues, 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 5
MOTION: That said resolution be adopted.
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II. Adopt the Mitigated Negative Declaration and the Mitigation Monitoring and
Reporting Program (MMRP) for Public Works Project No. 02-01, Installation
of State Street Master Plan Storm Drain at the 1-210 Freeway. (See Attached)
(No cost to the City.) Ward 6
MOTION: That the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program (MMRP) for Public Works
Project No. 02-01, installation of State Street Master Plan Storm
Drain at the 1-210 Freeway, be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Heard at Ways and Means Committee on March 5, 2003 - Committee
Members present: McCammack and Derry
12. Mid-year Budget Review for Fiscal Year 2002-2003. (See Attached)
MOTION: That the Fiscal Year 2002-2003 Mid-Year Budget Report be
received and filed.
Heard at Grant Ad Hoc Committee on March 11, 2003 - Committee
Members present: McCammack and Estrada
13. Resolution of the Mayor and Common Council authorizing the submittal of an
application for a Code Enforcement Grant Program. (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 4:00 P.M.
14. Acceptance of oral bids - and awarding of bids for sale of City parcels located
north and south of Orange Show Road, west of Waterman Avenue. (See
Attached) Ward 3
Mayor to open bids . . .
(Item Continued on Next Page)
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14. Continued.
MOTION #1: That the hearing be closed; that the property be sold to the highest
and best bidder; and
MOTION #2: That the cash bid in the amount of $42,711 from William 1. Doherty
for Parcel One be approved; or
MOTION #3: That the oral bid (if any) in the amount of $
Parcel One be approved; and
from
for
MOTION #4: That the oral bid (if any) in the amount of $
Parcel Two be approved; and
from
for
MOTION #5: That the bid amount of $140,000 from Charlie Klinakis for Parcel
Three be approved, with the terms noted in the attached Staff Report
dated March 11, 2003; or
MOTION #6: That the cash bid amount of $134,711 from William 1. Doherty for
Parcel Three be approved; or
MOTION #7: That the oral bid (if any) in the amount of $
Parcel Three be approved.
from
for
TO BE HEARD AT 4:00 P.M.
15. Public hearing - resolution ordering 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 processing fee to be paid by applicant.) Ward 4
Resolution of the City of San Bernardino ordering the vacation of portions of
Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between
Blythe Street and Victoria A venue, and Victoria A venue, north of Piedmont
Drive (Plan No. 10122A) and authorizing the Mayor to execute a street
vacation agreement with the San Manuel Band of Serrano Mission Indians.
(Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and the Findings of Fact, as set forth
in the staff report from the Director of Development Services, as
to why portions of Piedmont Drive, north of Marshall Boulevard,
Marshall Boulevard, between Blythe Street and Victoria Avenue,
and Victoria A venue north of Piedmont Drive are no longer
necessary for public street purposes, be adopted; and that said
resolution be adopted.
END OF PUBLIC HEARINGS
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03/17/2003
CONTINUED ITEMS
Council Office
CONTINUED FROM MARCH 3, 2003
16. Legislative Task Force Update. (See Attached)
Police
CONTINUED FROM MARCH 3, 2003
17. 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. (Backup material
distributed March 3, 2003, Item No. 14.) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney's Office
18. Authorization to join amicus cunae brief in the case of Rubin v. City of
Burbank.
MOTION: That the Mayor and Common Council authorize the City
Attorney's Office to join in amicus curiae brief in the case of
Rubin v. City of Burbank.
Development Services
19. Determination of Public Convenience or Necessity to re-establish a Type 20
(off-sale beer and wine) liquor license for an existing convenience store located
at 841 Inland Center Drive. (See Attached) (No cost to the City.) Ward 3
MOTION: That the Mayor and Common Council determine 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 an existing convenience store located at
841 Inland Center Drive.
END OF STAFF REPORTS
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COMMUNITY DEVELOPMENT COMMISSION ITEMS
R20. PERS Contract Amendment.
Resolution of Intention to approve an amendment to contract between the Board
of Administration California Public Employees' Retirement System and the
Commissioners San Bernardino Economic Development Agency. (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
21. 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.)
22. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for I: 30 p. m., Monday,
April 7, 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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03/17/2003
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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