HomeMy WebLinkAbout04-21-2003 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, APRIL 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 13-15.)
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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04/21/2003
1. 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);
Shirley J. Goodwin v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 96-66 R T (V APx);
Avila Construction v. City, et al. - San Bernardino Superior Court Case
No. EDCV 01-0582 V AP (SGL);
Ruby Howard v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 095713.
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.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. Freddie Curlin, Valerie Pope-Ludlam, Eddie
Negrete, Al Stewart and Gil Lara
D. Closed Session - personnel - pursuant to Government Code Section
54957.
Appointment
Human Resources Director
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)
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04/21/2003
1. Continued.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
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 J.
Shelton
0281-081-19 Kam Mie Nanney-Wong
0281-081-20 Kam Mie Nanney-Wong
0281-082-01 Juan P. Trujillo, Consuelo Y.
Trujillo
0281-082-02 Juan P. Trujillo, Consuelo Y.
Trujillo
0281-082-03 Pomona First Federal
Under Negotiation:
Purchase price, terms & conditions
2.
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
(Item Continued on Next Page)
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04/21/2003
1. Continued.
3.
4.
5.
6.
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
Property Address:
APN 0281-081-01,0281-081-02,
0281-081-03
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
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, property owner
Under Negotiation:
Purchase price, terms & conditions
Property Address:
APN 0281-091-39
Negotiating Parties:
Gary Van Osdel,
Director, on behalf
Redevelopment Agency
L. L. c., property owner
Executive
of the
and JAKS,
Under Negotiation:
Purchase price, terms & conditions
END OF CLOSED SESSION
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04/21/2003
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Senior Affairs Commission - William Nation - Mayor Valles. (See
Attached)
MOTION: That the appointment of William Nation to the Senior
Affairs Commission, as requested by Mayor Valles, be
approved.
3. Presentations.
A. Employee of the Year Award.
B. Service Pin A wards 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.
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04/21/2003
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 17, 2003 (Distributed on 4/8/2003)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated April 1, 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 April 16, 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
LAID OVER FROM APRIL 7,2003
9. An Ordinance of City of San Bernardino Amending Section 5.04.497 of the San
Bernardino Municipal Code relating to seizure and hearings regarding transient
vendor merchandise. FINAL READING (Backup material was distributed
on April 7, 2003, Item No. 20.)
MOTION: That said ordinance be adopted.
LAID OVER FROM APRIL 7,2003
10. An Ordinance of the City of San Bernardino Amending Certain Sections in
Chapter 2.46 of the San Bernardino Municipal Code Entitled Disaster Council.
FINAL READING (Backup material was distributed on April 7,2003,
Item No. 23.)
MOTION: That said ordinance be adopted.
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04/21/2003
Development Services
11. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to New West Signal, for traffic signal modification at
Kendall Drive and University Parkway, per Plan No. 10298. (See Attached)
(Cost to the City -- $184,000 from the Traffic Systems Construction Fund
(CMAQ) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2002-2003 CIP Budget and
increase expenditure Account No. 250-370-5504-7176 (traffic
signal/dual left-turn lanes - University and Kendall) by $79,000
and revenue Account No. 250-000-4658 (Federal Aid) in a
corresponding amount of $79,000 to reflect the portion of the
project to be paid with CMAQ funding; and, transfer $27,000
from Account No. 250-370-5504-7076 (various traffic system
upgrades) to Account No. 250-370-5504-7176 (traffic signal/dual
left-turn lanes - University and Kendall).
12. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to KC Construction for Phase I pavement rehabilitation on
Hospitality Lane between Carnegie Drive and Gage Canal, per Plan No. 10571.
(See Attached) (Cost to the City - $123,000 from the Stonn Drain
Construction Fund.) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted; and that the Mayor and Common
Council authorized the Director of Finance to amend the FY
2002/03 budget to create Account No. 248-368-5504-7302 (Phase
I Pavement Rehabilitation on Hospitality Lane between Carnegie
Drive and Gage Canal) for $123,000 from the unappropriated
Storm Drain Construction Account.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with Engineering Resources of
Southern California, Inc. for Professional Engineering Services for the design
of proposed replacement of sanitary sewer lines in Grant Avenue, from "I"
Street to Bunker Hill; in 3rd Street, from "G" Street to 4th Street; and in
Sepulveda Avenue, from 4th Street to 5th Street. (See Attached) (Cost to the
City -- $46,500 from the Sewer Line Construction Fund.) (Resolution not
available at time of printing.) Wards 1&3
MOTION: That said resolution be adopted.
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04/21/2003
14. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Ranco Corporation for construction of ADA access
ramps and sidewalks at various locations per Plan No. 10600. (See Attached)
(Cost to the City -- $100,000 from the % Cent Sales and Road Tax Fund.)
(Resolution not available at time of printing.) Wards 1,2,3,4&5
MOTION: That said resolution be adopted.
15. 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 of Vehicles
Exceeding a Maximum Gross Weight Limit of Five Tons zone on both sides of
Fourth Street between Foothill Boulevard/Fifth Street and Mount Vernon
Avenue. (See Attached) (Cost to the City -- $2,000 from the General Fund.)
(Resolution not available at time of printing.) Wards 1&3
MOTION: That said resolution be adopted.
16. 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 authorizing the installation of a two-way stop at the
intersection of Thirty-third Street and Mayfield Avenue. (See Attached) (Cost
to the City -- $500 from the General Fund.) Ward 7
MOTION: That said resolution be adopted.
17. Resolution of the City of San Bernardino directing and authorizing the execution
of a Sales and Purchase Agreement and the execution of a Grant Deed for the
sale of City-owned property generally located north and south of Orange Show
Road, west of Waterman Avenue in the City of San Bernardino. (See Attached)
(No cost to the City.) (Resolution not available at time of printing.)Ward 3
MOTION: That said resolution be adopted; and that the Director of
Development Services be authorized to re-advertise for bids for
City-owned property located at the southeast corner of Orange
Show Road and Amos Avenue (Parcel Two).
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04/21/2003
Human Resources
18. Resolution of the City of San Bernardino amending Resolution No. 6413,
Sections Twelve and Fourteen, entitled in part, "A Resolution ... establishing a
basic compensation plan. . ." by updating information codifying prior Council
action (Management/Confidential and Unclassified). (See Attached)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to the annual purchase order to Precision Cold Planing
Company to supply cold milling services for roadway pavement rehabilitation
for use by the Public Services Department. (See Attached) (Cost to the City --
$15,400 from the Gas Tax Fund.) Wards 2,5,6&7
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing 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. (See
Attached) (Cost to the City -- $189,457 from the General Fund.)
Wards 2,5,6&7
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to transfer $54,800 from 129-367-5504-7296 (34th/
Stoddard/Mt. View) to 129-367-5504-7345 (Public Services
various routine street repairs).
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Fairview Ford for sixteen (16)
Year 2003 Ford Crown Victoria Police Interceptors; and authorizing the
Purchasing Manager to solicit lease-purchase rate quotes and award a lease-
purchase to the lowest responsible leasing company. (See Attached) (Cost to the
City -- $412,144.64 from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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04/21/2003
COMMITTEE CONSENT
Recommended for approval at the Special Grants Committee on April 1,
2003 - Committee Members present: McCammack and Anderson
Fire
22. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying submittal of a grant application to the Federal Emergency Management
Agency (FEMA) in the amount of $210,600 to purchase defibrillators. (See
Attached) (Cost to the City -- $63,180 match funding required, if $147,420
FEMA grant awarded) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing submittal of a Funding Request Form to the Department of
Conservation, Division of Recycling for California Beverage Container
Recycling and Litter Reduction activities. (See Attached) (No cost to the City
-- $53,511 in grant funds requested.) All Wards
MOTION: That said resolution be adopted.
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing submittal of 200312004 Used Oil Recycling Block Grant application
for grant funds from the California Integrated Waste Management Board. (See
Attached) (No cost to the City -- $58,505 in grant funds requested.)
All Wards
MOTION: That said resolution be adopted.
Referred to Mayor and Common Council by the Le~islative Review
Committee on April 8, 2003 - Committee Members present: Lon~ville and
Derry
Development Services
25. Authorize initiation of a Development Code Amendment pertaining to second
units. (See Attached) (Cost to the City - $2,000 from the General Fund.)
All Wards
MOTION: That the Mayor and Common Council direct the Planning
Division to initiate an amendment to the Development Code
pertaining to second units.
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04/21/2003
26. Item Deleted.
Referred to Mayor and Common Council by the Ways and Means
Committee on April 9, 2003 - Committee Members present: McCammack
and Derry
27. Request for waiver of fees - Central City Lutheran Mission's "Run for the
Children". (See Attached) Ward 1
MOTION: That $620 be transferred from the FY 2002/03 civic and
promotion account to the Police departmental account as listed in
the staff report from Fred Wilson, dated April 14, 2003; that a
refund of $211.25 be authorized to the Central City Lutheran
Mission for prior payment of insurance; and that a waiver of fees
for the use of City personnel and equipment to assist the Central
City Lutheran Mission in their "Run for the Children" event
scheduled for May 3, 2003, be approved.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
City Attorney
LAID OVER FROM APRIL 7,2003
28. 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. FINAL READING (Backup material was distributed on April 7,
2003, Item No. 21.)
MOTION: That said ordinance be adopted.
Police
CONTINUED FROM APRIL 7, 2003
29. 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.
(Backup material was distributed on April 7,2003, Item No. 18.) (No cost
to the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
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04/21/2003
STAFF REPORTS
City Attorney
30. Report on cases closed by City Attorney between January 1, 2002 through
December 31, 2002.
END OF STAFF REPORTS
PLANNING ITEMS
CONTINUED FROM APRIL 7, 2003
31. Findings of Fact for denial of General Plan Amendment No. 02-08 - to change
the land use designation of approximately 6,750 square feet from RU -1,
Residential Urban, to CG-l, Commercial General - location for the proposed
amendment is on the south side of 9th Street, approximately 77 feet east of
Medical Center Drive. (No cost to the City.) (See Attached) Ward 1
MOTION: That the Mayor and Common Council adopt the Findings of Fact
supporting denial of General Plan Amendment No. 02-08.
END OF PLANNING ITEMS
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04/21/2003
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, APRIL 21,2003 - 7:00 P.M.
PRESENT:
ABSENT:
COMMUNITY DEVELOPMENT COMMISSION ITEMS
CONTINUED FROM APRIL 7, 2003
TO BE HEARD AT 7:00 P.M.
R32. Public hearing - Amendment to 1993 City/Agency Verdemont Loan Agreement
and public hearing to consider a proposed increase to the Verdemont
Infrastructure Fee (VIF). (Backup material distributed on April 7, 2003,
Item No. R33.) 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.
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.
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.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A-C,
be adopted.
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04/21/2003
TO BE HEARD AT 7:00 P.M.
R33. Public hearing - Use of Community Development Block Grant (CDBG), Section
108 Loan, Emergency Shelter Grant (ESG), and Home Programs - 200312004
appropriations. (Documents not available at time of printing.) (Cost to the
City -- $16,251,863 from CDBG, HOME, ESG and Section 108 funds.)
Resolution of the Mayor and Common Council of the City of San Bernardino:
(1) approving the CDBG Community Development Citizen Advisory Committee
(CDCAC) and Redevelopment Committee's recommendations in Attachment I;
(2) approving the Home and Emergency Shelter (ESG) Grant allocations; (3)
authorizing the Mayor to execute and submit to HUD all documents and to take
all necessary actions to implement the City's consolidate plan and 2003/2004
Annual Action Plan, including the submittal of a Section 108 Loan to HUD, the
preparation and execution of agreements with public services agencies.
(Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
R34. Resolution of the Community Development Commission of the City of San
Bernardino, California, approving an Education Revenue Augmentation Fund
loan from Community Low and Moderate Income Housing funds and
promissory notes from Redevelopment Project Areas, and authorizing execution
thereof. (See Attached) (Cost to the City -- $622,600 from Low & Moderate
Income Housing Fund.)
MOTION: That said resolution be adopted.
R35. Resolution of the Community Development Commission of the City of San
Bernardino (1) approving the sale of Tuscany Apartments ("Project") to MG
Tuscany Apartments, L.P.; (2) approving execution of certain amendments to
the Indenture and Loan Agreement relating to $7,000,000 Redevelopment
Agency of the City of San Bernardino 1996 Multi-Family Housing Revenue
Bonds; (3) approving execution of an Assumption Agreement related to the sale
of the Project; (4) appointing Bond Counsel in connection with the sale of the
Project; and (5) authorizing distribution of a Supplement to the Placement
Memorandum relating to the Bonds. (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
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04/21/2003
R36. San Bernardino Economic Development Agency Resolution authorizing an
Amendment to the Contract. (See Attached)
MOTION: That said resolution be adopted.
R37. Resolution of the Community Development Commission of the City of San
Bernardino, California, approving Amendment No.1 to the Loan Agreement,
and authorizing execution thereof, between the Redevelopment Agency and the
San Bernardino Symphony. (Resolution not available at time of printing.)
Ward 1
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.
NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday,
May 5, 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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04/21/2003
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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04/21/2003