HomeMy WebLinkAbout05-05-2003 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MAY 5,2003 -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 12 & 13.)
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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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);
In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation -
Case No. RS 02-18493 MG.
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
2. Agency Negotiator:
Lori Sassoon, Acting Human Resources Director
Employee Organization:
San Bernardino Police Officers Association
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G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
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
2.
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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05/05/2003
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Civil Service Board - Manuel Moreno, Jr. - Mayor Valles. (See
Attached)
MOTION: That the appointment of Manuel Moreno, Jr., to the Civil
Service Board, as requested by Mayor Valles, be
approved.
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
14, 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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6.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated April 23, 2003,
from Barbara Pachon, Director of Finance, be approved.
7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated April 30, 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 Administrator
8. Resolution of the Mayor and Common Council authorizing Amendment No.1 to
the revocable license of the Southern California Gas Company and extending the
term to September 30, 2003. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
9. Request for waiver of Temporary Use Permit (TUP) fee by Our Lady of
Assumption Church for their Family Fun Fair on May 18, 2003. (See Attached)
(Cost to the City -- $690.19 in unrealized revenue to the General Fund.)
Ward 4
MOTION: That the request from Our Lady of Assumption Church for a
waiver of the Temporary Use Permit fee in the amount of
$690.19 in connection with their Family Fun Fair at Our Lady of
Assumption Church on May 18, 2003, be approved.
10. Request for waiver of Temporary Use Permit (TUP) fee by Inland Behavioral
and Health Services, Inc. (See Attached) (Cost to the City -- $351.00 in
unrealized revenue to the General Fund.) Ward 6
MOTION: That the request by Inland Behavioral and Health Services for a
waiver of the Temporary Use Permit fee in the amount of $351 in
connection with their 3rd Annual Health Fair to be held on June
28, 2003, at the Whitney Young Family Health Clinic, be
approved.
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City Clerk
11. Designation of Voting Delegate for a Special Meeting of the League of
California Cities General Assembly to be held May 15 in Sacramento. (See
Attached) (No cost to the City.)
MOTION: That Council Member McCammack be designated as the City's
voting representative for the special meeting of the League of
California Cities General Assembly to be held May 15, 2003 in
Sacramento, California; and that Council Member be
designated as the alternate voting representative.
Development Services
12. Authorize execution of Change Order No. One to contract with Nikola
Construction Corporation d. b. a. Nikola Corporation for sewer improvements in
Court Street between "E" Street and "D" Street per Plan No. 10561; and
authorize the Director of Finance to amend the FY 02/03 Capital Improvement
Projects budget.
MOTION:
#1
That the Mayor and Common Council authorize the Director of
Finance to amend the FY 02/03 budget by appropriating
$50,000 from the Sewer Line Construction Fund's available
fund balance to Account No. 245-365-5504-7314 (COUlt Street
Sewer Main Replacement from "E" Street to "D" Street); and
MOTION:
#2
That the Mayor and Common Council authorize the execution
of Change Order No. One in the amount of $50,565.27 to
contract with Nikola Construction Corporation, d. b. a. Nikola
Corporation for sewer improvements on Courl Street between
"E" Street and "D" Street per Plan No. 10561.
Parks, Recreation & Community Services
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor of the City of San Bernardino or her designee to apply
for and administer a grant in the amount of $158,378.00 from California
Department of Education for the administration of the Summer Food Service
Program for Youth. (See Attached) (No cost to the City.) All Wards
MOTION: That said resolution be adopted.
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05/05/2003
Facilities Mana~ement
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a contract with Arrow Power Sweeping, Inc. for
parking lot sweeping services for the Carousel Mall and the Five-Level Parking
Structure in the amount of $59,000. (See Attached) (Cost to the City -- $59,000
from the General Fund.) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Le~islative Review Committee on April
22,2003 - Committee Members present: Lon~ville and McGinnis.
15. An Ordinance of the City of San Bernardino amending Section 6.08.140(C) (2)
of the San Bernardino Municipal Code relating to the licensing of dogs at the
dog park. FIRST READING (See Attached) (Ordinance not available at
time of printing.)
MOTION: That said ordinance be laid over for final adoption.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
16. Appeal of City Clerk's decision to deny fireworks application submitted by The
Gathering Place Church. (See Attached)
Mayor to open the hearing . . .
MOTION:
#1
That the hearing be closed; and that the Mayor and Common
Council uphold the City Clerk's decision to deny the fireworks
application submitted by The Gathering Place Church; or
MOTION:
#2
That the hearing be closed; that the Mayor and Common
Council grant the appeal; and that the City Clerk's Office accept
the fireworks application submitted by The Gathering Place
Church.
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05/05/2003
TO BE HEARD AT 4:00 P.M.
17. Appeal of City Clerk's decision to deny fireworks application submitted by the
Del Rosa Apostolic Church. (See Attached)
Mayor to open the hearing . . .
MOTION:
#1
MOTION:
#2
That the hearing be closed; and that the Mayor and Common
Council uphold the City Clerk's decision to deny the fireworks
application submitted by the Del Rosa Apostolic Church; or
That the hearing be closed; that the Mayor and Common Council
grant the appeal; and that the City Clerk's Office accept the
fireworks application submitted by Del Rosa Apostolic Church.
TO BE HEARD AT 4:00 P.M.
18. Appeal of City Clerk's decision to deny fireworks application submitted by the
CHP Widows and Orphans. (See Attached)
Mayor to open the hearing . . .
MOTION:
#1
MOTION:
#2
That the hearing be closed; and that the Mayor and Common
Council uphold the City Clerk's decision to deny the fireworks
application submitted by the CHP Widows and Orphans; or
That the hearing be closed; that the Mayor and Common Council
grant the appeal; and that the City Clerk's Office accept the
fireworks application submitted by the CHP Widows and
Orphans.
TO BE HEARD AT 4:00 P.M.
19. Appeal of City Clerk's decision to deny fireworks application submitted by the
San Bernardino Colt Palomino Organization. (See Attached)
Mayor to open the hearing . . .
MOTION:
#1
MOTION:
#2
That the hearing be closed; and that Mayor and Common Council
uphold the City Clerk's decision to deny the fireworks application
submitted by the San Bernardino Colt Palomino Organization; or
That the hearing be closed; that the Mayor and Common Council
grant the appeal; and that the City Clerk's Office accept the
fireworks application submitted by the San Bernardino Colt
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05/05/2003
Palomino Organization.
TO BE HEARD AT 4:00 P.M.
20. Appeal of City Clerk's decision to deny fireworks application submitted by the
San Bernardino County Raiders Booster Club. (See Attached)
Mayor to open the hearing . . .
MOTON:
#1
That the hearing be closed; and that the Mayor and Common
Council uphold the City Clerk's decision to deny the fireworks
application submitted by the San Bernardino County Raiders
Booster Club; or
MOTION:
#2
That the hearing be closed; that the Mayor and Common Council
grant the appeal; and that the City Clerk's Office accept the
fireworks application submitted by the San Bernardino County
Raiders Booster Club.
Development Services
TO BE HEARD AT 4:00 P.M.
21. Public hearing - resolution authorizing a proposed street name change from
Pepper Linden Drive to Campus Parkway, as dedicated across various tracts and
subdivisions and its proposed extension to Northpark Boulevard. (See Attached)
(Cost to the City -- $500 from the Gas Tax Fund.) Wards 5&6
Resolution of the City of San Bernardino changing the name of Pepper Linden
Drive as dedicated across various tracts and subdivisions and its proposed
extension to Campus Parkway in the City of San Bernardino.
Mayor to open the hearing . . .
MOTION: That the public hearing relative to the street name change from
Pepper Linden Drive (as dedicated across various tracts and
subdivisions and its proposed extension) to Campus Parkway, be
closed; and that said resolution be adopted.
TO BE HEARD AT 4:00 P.M.
22. Public hearing - Resolutions of Necessity for the acquisition of real property (3
parcels) by eminent domain - extension of Campus Parkway (formerly
referenced as Pepper Linden Drive) north of Kendall Drive. (See Attached)
(Cost to the City -- $99,280 from the Gas Tax Fund.) Ward 5
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05/05/2003
22. Continued.
(Item Continued on Next Page)
A. Resolution of the City of San Bernardino finding and determining that
the public interest and necessity require the acquisition of a portion of
certain real property located north of Kendall Drive, east of the Devil's
Creek Flood Control Channel, known as Assessor's Parcel Number
0261-231-06, relative to the extension of Campus Parkway, formerly
referenced as Pepper Linden Drive in San Bernardino. (Resolution not
available at time of printing.)
B. Resolution of the City of San Bernardino finding and determining that
the public interest and necessity require the acquisition of a portion of
certain real property located north of Kendall Drive, east of the Devil's
Creek Flood Control Channel, known as Assessor's Parcel Number
0261-231-07, relative to the extension of Campus Parkway, formerly
referenced as Pepper Linden Drive in San Bernardino. (Resolution not
available at time of printing.)
C. Resolution of the City of San Bernardino finding and determining that
the public interest and necessity require the acquisition of a portion of
certain real property located north of Kendall Drive, east of the Devil's
Creek Flood Control Channel, known as Assessor's Parcel Number
0261-231-27, relative to the extension of Campus Parkway, formerly
referenced as Pepper Linden Drive in San Bernardino. (Resolution not
available at time of printing.)
Mayor to open the hearing . . .
MOTION:
#1
MOTION:
#2
MOTION:
#3
MOTION:
#4
That the public hearing relative to partial acquisition of
right of way, slope and drainage easement for APN
0261-231-06 (McGrew), be closed; and
That the public hearing relative to partial acquisition of a
slope and drainage easement for APN 0261-231-07
(Haensly), be closed; and
That the public hearing relative to partial acquisition of a
slope and drainage easement for APN 0261-231-27
(Sehremelis), be closed; and
That said resolutions A-C, be adopted.
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END OF PUBLIC HEARINGS
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CONTINUED ITEMS
Development Services
CONTINUED FROM APRIL 21, 2003
23. 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. (Backup material distributed April 21,
2003, Item No. 13.)
MOTION: That said resolution be adopted.
Police
CONTINUED FROM APRIL 21, 2003
24. 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; item was
continued to April 21, 2003, Item No. 29.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
Mayor's Office
25. Presentation of League of California Cities video titled "Cloudy Skies Over
California Cities" concerning the State budget.
END OF STAFF REPORTS
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, MAY 5,2003 - 7:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 7:00 P.M.
R26. Public hearing - HUB Project Relocation Plan - Phase II. (See Attached)
Ward 3
A Resolution of the Community Development Commission of the City of San
Bernardino approving and adopting a Relocation Plan for the HUB Project
(Phase II).
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
R27. HUB Project. (See Attached)
A. A Resolution of the Community Development Commission of the City of
San Bernardino referring certain properties to the Inland Valley
Development Agency for acquisition pursuant to that certain 1999
Redevelopment Cooperation Agreement, dated Ju1y 12, 1999, regarding
the HUB Project and approving other actions in connection therewith
(Phase II).
B. A Resolution of the Community Development Commission of the City of
San Bernardino approving the form of and authorizing the execution of
an agreement for relocation services between the Redevelopment Agency
of the City of San Bernardino and Pacific Relocation Consultants (HUB
Project Phase II).
(Item Continued on Next Page)
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05/05/2003
R27. Continued.
C. A Resolution of the Community Development Commission of the City of
San Bernardino approving the form of and authorizing the execution of
an agreement for land acquisition services between the Redevelopment
Agency of the City of San Bernardino and Cutler & Associates, Inc.
(HUB Project Phase II).
MOTION: That said resolutions A-C, be adopted.
R28. Authorize execution of Change Order No. Five 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) (Cost to the Agency --
$20,821.05 from EDA funding.) Ward 1
MOTION: That the Mayor and Common Council authorize execution of
Change Order No. Five to contract with Fibrwrap Construction,
Inc. in the amount of $20,821.05 for seismic retrofit and repair of
City's five-level parking structure, per Plan No. 10304-A.
R29. A Resolution of the Mayor and Common Council of the City of San Bernardino
declaring that there is a need to create a City Housing Authority in the
Community ("San Bernardino City Housing Authority") and declaring the
Mayor and Common Council to be commissioners of the San Bernardino
Housing Authority. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
R30. Resolution of the Mayor and Common Council of the City of San Bernardino
acknowledging the results of an election of Project Area Committee Members
and finding that all applicable procedures were followed in the election of the
Project Area Committee for the Uptown Redevelopment Project. (See
Attached)
MOTION: That said resolution be adopted.
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05/05/2003
31. 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.)
32. Adjournment.
MOTION: That the meeting be adjourned to 9:00 a.m., Tuesday, May 13,
2003, at the Economic Development Agency Boardroom, 201
North "E" Street, San Bernardino, California.
NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday,
May 19, 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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05/05/2003
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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