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HomeMy WebLinkAbout04-07-2003 Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 7, 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 14-16.) 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; 1 04/07/2003 I. Continued. 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; 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); Adrian Eugene Moore v. City of San Bernardino, et al. - United States District Court Case No. CV 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: 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 : Appointment Director of Animal Control 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: (1) Fire negotiation issue (Item Continued on Next Page) 2 04/07/2003 I. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: APN 138-301-03 - 246 N. K Street APN 138-301-04 - 240 N. K Street APN 138-301-05 - 232 N. K Street Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Gilbert Castillo, owner Under Negotiation: Purchase price, terms & conditions 2. Property Address: APN 138-301-07 - 1108 W. 2nd Street Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Marlene Belichefsky, Trustee, on behalf of the Belichefsky Children Family Trust. Under Negotiation: Purchase price, terms & conditions 3. Property Address: APN 138-301-08 - 1122 W. 2nd Street Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Alice E. Spar, Richard E. Gardner, et al., owner Under Negotiation: Purchase price, terms & conditions 4. 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, Executive Director, on behalf of the Redevelopment Agency and Jaks. L.L.c. Under Negotiation: Purchase price, terms & conditions 3 04/07/2003 I. Continued. 5. Property Address: HUB Properties Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and 0281-081-08 Raymond M. Tucker Living Trust 0281-081-09 Douglas R. Nelson 0281-081-10 Jimmy R. Wiley 0281-081-11 Julio D. Rodriguez, Anthony Rodriguez 0281-081-12 Seng Kin Yeo 0281-081-13 Robert A. Lester, Ivy Y. Lester 0281-081-14 Estefani Liaou 0281-081-16 Francisco Perpuly 0281-081-17 Oscar Miranda, Jose Miranda 0281-081-18 ReillY W. Shelton, Betty 1. Shelton 0281-081-19 Kam Mie Nanney-Wong 0281-081-20 Kam Mie Nanney-Wong 0281-082-01 JuanP. Trujillo, Consuelo Y. Trujillo 0281-082-02 JuanP. Trujillo, Consuelo Y. Trujillo 0281-082-03 Pomona First Federal Under Negotiation: Purchase price, terms & conditions 6. Property Address: APN 0281-082-057 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Vibhakerbhai Patel, property owner Under Negotiation: Purchase price, terms & conditions 7. Property Address: APN 0281-083-08 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Harold Luke, property owner Under Negotiation: Purchase price, terms & conditions 8. Property Address: APN 0281-081-01,0281-081-02,0281 -081-03 4 04/07/2003 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Cecilia Moreno, property owner and Robert Newman, property owner Under Negotiation: Purchase price, terms & conditions 9. Property Address: APN 0281-082-27,0281-082-28 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Kresten Jakobsen Under Negotiation: Purchase price, terms & conditions END OF CLOSED SESSION 5 04/07/2003 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. A. Employee Awards Presentation. 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 19, 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 meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 3,2003 (Distributed on 3119/03) 6 04/07/2003 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 13, 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 March 26, 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 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 Avila Construction, Inc., et al. v. City of San Bernardino, et at. (See Attached) MOTION: That said resolution be adopted. Code Compliance 10. Resolution of the City of San Bernardino objecting to the tax sale of properties with City assessments. (See Attached) (No cost to the City - Action could result in collection of additional abatement funds.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Development Services II. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution ... prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking any time zone on both sides of Belle Street between Fifth Street and the end of Belle Street north of Fifth Street, except for the section on the west side between four hundred feet north of Fifth Street and five-hundred forty feet north of Fifth Street. (See Attached) (Cost to the City -- $1,000 from the General Fund.) Ward 1 MOTION: That said resolution be adopted. 7 04/07/2003 12. Resolution of the City of San Bernardino determining the amount of property tax revenues to be exchanged between and among the City of San Bernardino and the County of San Bernardino resulting from the jurisdictional change described by LAFCO 2915 for three islands of unincorporated territory generally located east of Central Avenue, north of Atlantic Avenue. (See Attached) (No cost to the City - $44,721 in anticipated property tax revenue to be received for first year after annexation.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 13. Authorization to proceed - proposed street name change - Pepper Linden Drive as dedicated across various tracts and subdivisions and its proposed extension to Campus Parkway. (See Attached) (Cost to the City -- $500 from the Gas Tax Fund.) Wards 5&6 MOTION: That the Director of Development Services be authorized to proceed with the street name change of Pepper Linden Drive to Campus Parkway, and that a public hearing to consider the matter be set for May 5, 2003 at 4:00 p.m. 14. Resolution of the Mayor and Common Council of the City of San Bernardino adopting an Implementation Plan in connection with the San Bernardino International Trade Center Specific Plan of the Inland Development Agency (former NAFB properties). (Documents not available at time of printing.) MOTION: That said resolution be adopted. 15. Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. I to the Services Agreement with Transtech Engineers, Inc. for construction management, plan review, and inspection services for the renovation of the City's Historic Depot Project. (Documents not available at time of printing.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 8 04/07/2003 16. Authorization to execute Change Order Nos. One and Two to contract with Solpac, Inc. d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration Project per Plan No. 10446 and authorization to increase the project contingency fund. (Documents not available at time of printing.) (Cost to the City -- $699,567 from the Federal and State Program Fund.) Ward 1 MOTION #1: That the Director of Finance be authorized to increase the project contingency fund by an amount of $250, 000 from $480,000 to $730,000, utilizing the savings in construction management costs addressed in another agenda item; and MOTION #2: That the Mayor and Common Council authorize the execution of Change Order No. One to contract with Solpac, Inc. d. b. a. Soltek Pacific in the amount of $41,373 for the San Bernardino Historic Santa Fe Depot Renovation and Restoration Project, per Plan No. 10446, leaving a new balance in the contingency of $688,627; and MOTION #3: That the Mayor and Common Council authorize the execution of Change Order No. Two to contract with Solpac, Inc., d.b.a. Soltek Pacific in the amount of $658,194 for the San Bernardino Historic Santa Fe Depot Renovation and Restoration Project, per Plan No. 10446, leaving a balance in the contingency of $30,433. Information Services 17. Resolution authorizing an increase in the amount of the existing annual purchase order to the County of San Bernardino 800 MHZ Group for Police and Fire MDC user fees. (See Attached) (Cost to the City -- $50,000 from Federal and State Programs Fund.) 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 Memorandum of Understanding (MOU) agreement with the California Highway Patrol, San Bernardino Area, regarding drug investigations originated by the California Highway Patrol. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 9 04/07/2003 19. Resolution of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to Adamson in the amount of $23, 920. 50, Cal Olympic Safety in the amount of $5,952.61, Dyna Med in the amount of $4,844.19, Safety West in the amount of $640.04 and Super Nova in the amount of $12,807.38 to purchase Protective Equipment for the Police Deparlment. (Documents not available at time of printing.) (Cost to the City -- $48,164.71 from the Federal and State Programs Fund.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Le~islative Review Committee on March 26, 2003 - Committee Members present: Lon~ville and McGinnis 20. An Ordinance of the City of San Bernardino amending Section 5.04.497 of the San Bernardino Municipal Code relating to seizure and hearings regarding transient vendor merchandise. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. 21. An Ordinance of City of San Bernardino amending Section 9.90.010(A) of the San Bernardino Municipal Code relating to authority to arrest and issue citations. FIRST READING MOTION: That said ordinance be laid over for final adoption. 22. An Ordinance of the City of San Bernardino amending certain sections in Chapter 2.46 of the San Bernardino Municipal Code entitled Disaster Council and declaring the urgency thereof. URGENCY (Ordinance not available at time of printing.) MOTION: That said urgency ordinance be adopted. 23. An Ordinance of the City of San Bernardino amending certain sections in Chapter 2.46 of the San Bernardino Municipal Code entitled Disaster Council. FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT 10 04/07/2003 CONTINUED ITEMS Police CONTINUED FROM MARCH 17, 2003 24. 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, item continued to March 17, 2003, Item No. 17.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS 25. Item Deleted. 26. Request for a joint meeting of the San Bernardino Disaster Council and the Legislative Review Committee. (Documents not available at time of printing.) MOTION: That the Mayor is requested to call a joint meeting of the San Bernardino Disaster Council and the Legislative Review Committee to be held not later than _ days from the passage of this motion. 27. Resolution of the Mayor and Common Council of the City of San Bernardino requiring an emergency meeting when the San Bernardino Disaster Council meets due to an emergency as defined in Section 2.46.020 of the San Bernardino Municipal Code. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 11 04/07/2003 City Attorney 28. Resolution of the Mayor and Common Council of the City of San Bernardino providing for the order of emergency succession to the position of Mayor and Chairman of the San Bernardino Disaster Council. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 29. Resolution of the Mayor and Common Council of the City of San Bernardino providing for the appointment of a Mayor Pro Tempore on a rotation basis and rescinding Resolution No. 94-134. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 30. Initiation of a Development Code Amendment modifying Chapter 19.06 (Commercial Districts) of the San Bernardino Municipal Code (Development Code) to permit drive-thru restaurants in certain areas of the CR-3 (Commercial Regional-Tri-City/Club) Land Use District. (Documents not available at time of printing.) Ward 3 MOTION: That the Mayor and Common Council approve initiation of a Development Code Amendment modifying Chapter 19.06 (Commercial Districts) of the San Bernardino Municipal Code (Development Code) to permit drive-thru restaurants in certain areas of the CR-3 (Commercial Regional - Tri-City/Club) land use district. City Administrator 31. Authorization to execute subpoena for production of business records relative to an audit of the City's utility users' tax. (Document not available at time of printing.) MOTION: That the Mayor be authorized to execute, and the City Clerk to attest, the attached subpoena for the business records of T-Mobile for the purpose of the City's utility users' tax auditors, MBIA MuniServices, conducting a compliance audit on said company on its collection of the City's utility users' tax. END OF STAFF REPORTS 12 04/07/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, APRIL 7, 2003 - 7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS Development Services TO BE HEARD AT 7:00 P.M. 32. Public hearing - General Plan Amendment No. 02-08 - to change the land use designation of approximately 6,750 square feet from RU-l, Residential Urban, to CG-l, Commercial General - location is on the south side of 9th Street approximately 77 feet east of Medical Center Drive. (See Attached) (No cost to the City.) Ward 6 Resolution of the City of San Bernardino adopting General Plan Amendment No. 02-08 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RU-l, Residential Urban, to CG-l, Commercial General, for .15 acres located on the south side of 9th Street approximately 77 feet east of Medical Center Drive. Owner: Quan Tran 861 Medical Center Drive San Bernardino, CA 92411 Applicant: Hung Nguyen 25235 Cottage Street Loma Linda, CA 92354 Request/Location: The applicant requests a change in the land use designation of approximately 6,750 square feet from RU-l, Residential Urban, to CG-l, Commercial General. The location for the proposed amendment is on the south side of 9th Street approximately 77 feet east of Medical Center Drive. 13 04/07/2003 32. Continued. Mayor to open the hearing . . . MOTION #1: That the hearing be closed; that the Mayor and Common Council adopt General Plan Amendment No. 02-08 and adopt the resolution approving General Plan Amendment No. 02-08, based on the Findings of Fact contained in the Planning Commission staff report dated February 19, 2003, per recommendation of the Development Services Department; or MOTION #2: That the hearing be closed; that the Mayor and Common Council deny General Plan Amendment No. 02-08 per the recommendation of the Planning Commission and continue for two weeks for Development Services to bring proposed Findings of Fact to the Council. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION ITEMS TO BE HEARD AT 7:00 P.M. R33. Public hearing - Amendment to 1993 City/Agency Verdemont Loan Agreement and public hearing to consider a proposed increase to the Verdemont Infrastructure fee (VIF). (Documents not available at time of printing.) Ward 5 A. Resolution of the Mayor and Common Council of the City of San Bernardino revising Section 1 of Resolution No. 95-40 relating to the amount of an infrastructure fee to be levied for right-of-way improvements and/or public improvements within the Verdemont Area, and adopting the Fourth (4th) Amendment to the Engineer's Report. (Resolution not available at time of printing.) B. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the Mayor, or her designee, to execute Amendment No.1 to the January 15, 1993 Verdemont Loan Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino. (Resolution not available at time of printing.) (Item Continued on Next Page) 14 04/07/2003 R33. Continued. C. A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Agency Executive Director to execute Amendment No. 1 to the January 15, 1993 Verdemont Loan Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A-C, be adopted. R34. Authorize execution of Change Order No. Three 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) (Additional cost to the Agency -- $11,199.17) Ward 1 MOTION: That the Mayor and Common Council authorize execution of Change Order No. Three to contract with Fibrwrap Construction, Inc. in the amount of $11,199. 17 for seismic retrofit and repair of City's five-level parking structure, per Plan No. 10304-A. R35. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the Mayor to execute Amendment No.1 to Contract No. 99-471 dated June 29, 1999, by and between the County of San Bernardino ("County"), the City of San Bernardino ("City"), and Provisional Educational Services, Inc. whereby the County will grant ownership of properties located at 1680 and 1686 West 19th Street, City of San Bernardino, to Provisional Educational Services, Inc., for CDBG related activities. (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 15 04/07/2003 R36. State College Redevelopment Project Area Plan Amendment - Eminent Domain - Request to schedule joint public hearing. (Documents not available at time of printing.) Wards 5&6 A. A Resolution of the Community Development Commission of the City of San Bernardino (1) accepting the transmission of the preliminary 2003 Eminent Domain Amendment to the State College Redevelopment Plan ("Amendment"), the Initial Study for the Amendment and (2) setting the joint public hearing date of May 19, 2003 at 7:00 p.m. with the Mayor and Common Council to consider the Amendment reinstating certain eminent domain powers and adoption of a Negative Declaration. (Resolution not available at time of printing.) B. A Resolution of the Mayor and Common Council of the City of San Bernardino (1) accepting the transmission of the Preliminary 2003 Eminent Domain Amendment to the State College Redevelopment Plan ("Amendment"), the Initial Study for the Amendment and (2) setting the joint public hearing date of May 19, 2003, at 7:00 p.m. with the Community Development Commission to consider the Amendment reinstating eminent domain powers and adoption of a Negative Declaration. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 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 is scheduled for 1: 30 p. m., Monday, April 21, 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. 16 04/07/2003 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. 17 04/07/2003