HomeMy WebLinkAbout06-02-2003 Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, JUNE 2,2003 - 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 10-12.)
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):
Michelle Arroyo v. City of San Bernardino, et al. - United States
District Court Case No. CV 02-8967 ABC/San Bernardino Superior
Court Case No. SCVSS 100619;
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06/02/2003
1. Continued.
Thomas Nunez, Victor Nunez v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCISS 099063.
Manta Management Corporation v. City of San Bernardino - San
Bernardino Superior Court Case No. SCV18157;
Cassandra Dailey v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 94774;
Ruby Howard v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 095713;
California Bio- Mass v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 083473;
David Sanborn v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 078410 consolidated with SCVSS 84862 and
SCVSS 91020;
La France Hamilton v. City of San Bernardino - United States District
Court Case No. EDCV 00-107 RT (RNBx);
Adrian Eugene Moore v. City of San Bernardino - United Stated District
Court Case No. 01-03064 RGK (RZ);
Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez -
United States District Court Case No. EDCV 02-142 RT (SGLx);
Alvarez & Associates, et al. v. City of San Bernardino, et al. - United
States District Court Case No. 00-03048 GHK (Rcx);
Shirley J. Goodwin v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 98-66 R T (V APx);
Candice Dick v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 02-158 V AP (SGLx);
(Item Continued on Next Page)
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1. Continued.
Jonathan Smith v. City of San Bernardino, et al. - United States District
Court Case No. CV 98-1990-GAF (Ctx).
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.
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:
1. Fire Negotiation Issue
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
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
2.
Property Address:
HUB Properties
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1. Continued.
3.
4.
Negotiating Parties:
Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and
0281-081-01 Cecilia Moreno and Robert Newman
0281-081-02 Cecilia Moreno and Robert Newman
0281-081-03 Cecilia Moreno and Robert Newman
0281-081-16 Francisco Perpuly, Jonathan Viega
0281-081-19 Kam Mie Nanney-Wong
0281-081-20 Kam Mie Nanney-Wong
Under Negotiation:
Purchase price, terms & conditions
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
Property Address:
APN 0141-241-14, 0141-241-28,
0141-241-29, 0141-241-30, 0141-
241-32, 0141-251-02, 0141-251-03,
0141-251-07, 0141-251-29, 0141-
251-30, 0141-251-31, 0141-251-33
Negotiating Parties:
Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and Ken
Miller, County Flood Control
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
16, 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. Council Minutes.
MOTION: That the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission, be
approved as submitted in typewritten form:
April 7,2003
April 21, 2003
May 5, 2003
May 13, 2003
(Distributed on 5/15/03)
(Distributed on 5/20/03)
(Distributed on 5/22/03)
(Distributed on 5/22/03)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated May 27,2003, 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 May 27, 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 MAY 19, 2003
9. An ordinance of the City of San Bernardino modifying Chapter 19.04
(Residential Districts) of the San Bernardino Municipal Code (Development
Code) related to second units. FINAL READING (Backup material was
distributed on May 19, 2003, Item No. 13.
MOTION: That said ordinance be adopted.
Fire Department
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the San Bernardino City Fire Department (SBCFD) to renew the
Cooperative Agreement with the United States Department of Agriculture
(USDA), San Bernardino National Forest relating to fire protection and rescue
services within the mutual threat zone. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
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Information Services
11. Resolution of the City of San Bernardino authorizing the renewal of a
maintenance contract for maintenance services on the Computer-Aided-Dispatch
System (CAD), Police Records Management System (PRMS) and Mobile Data
software used by the Police and Fire Departments from Tiburon, Inc., of
Fremont, California. (See Attached) (Cost to the City -- $141,291 from the
Information Systems Fund.)
MOTION: That said resolution be adopted.
12. Resolution of the City of San Bernardino authorizing the renewal of the existing
maintenance contract for Police and Fire Mobile Data Computers (MDCS) with
Motorola Corporation of Riverside, California. (See Attached) (Cost to the
City -- $27,968.76 from the Information Systems Fund.)
MOTION: That said resolution be adopted.
13. Resolution of the City of San Bernardino authorizing the Purchasing Manager to
award an annual purchase order and service agreement, with two single year
renewal options, to Harris Computer Systems for maintenance and support of
Unidata, SB+ and financial modules for the City's financial system and the
Municipal Water Department's financial system. (See Attached) (Cost to the
City -- $63,918 from the Information Systems Fund.)
MOTION: That said resolution be adopted.
14. Resolution of the City of San Bernardino authorizing the Purchasing Manager to
award an annual purchase order and service agreement for the City's 800 MHz
voice/data backbone, MDC maintenance, dispatch console maintenance, and
user equipment maintenance with the County of San Bernardino's 800 MHz
Group. (See Attached) (Cost to the City -- $441,742 from the Information
Systems Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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06/02/2003
Public Services
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to Purchase Order No. 996700 to Bryan A. Stirratt and
Associates for installation of landfill gas monitoring probes at the former
Waterman Landfill. (See Attached) (Cost to the City -- $41,400 from the
Refuse Fund. ) Ward 3
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 02/03 Refuse Budget to transfer
$41,400 from the Refuse Unallocated Fund balance to Account
No. 527-415-5502, Professional Services.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Second Amendment to the Waste Disposal Agreement between
the County of San Bernardino and the City of San Bernardino. (See Attached)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Committee - May 27, 2003
Committee Members Present: Estrada and Anderson
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to submit an application to accept the FY 03/04 Juvenile
Accountability Incentive Block Grant. (See Attached) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
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06/02/2003
STAFF REPORTS
Heard at Le~islative Review Committee on May 22, 2003 - Members
Present: Council Members Derry and McGinnis
City Attorney
18. Ordinance of the City of San Bernardino amending Section 8.68.010 of the San
Bernardino Municipal Code relating to aerosol containers and certain marker
pens inaccessible to public to include etching cream. FIRST READING
(Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
City Council
19. Legislative Task Force Update.
Development Services
20. Determination of Public Convenience or Necessity for a Type 20 (off-sale beer
& wine) ABC License for a service station with a 2,780 square foot convenience
store with a drive-thru restaurant located at the northwest corner of Waterman
Avenue and Orange Show Road in the CG-l, Commercial General, land use
district. (See Attached) (No cost to the City.) Ward 3
MOTION: That the Mayor and Common Council determine that the public
convenience or necessity would be served by the issuance of the
license 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) ABC License for a service
station with a 2,780 square foot convenience store with a drive-
thru restaurant located at the northwest corner of Waterman
Avenue and Orange Show Road in the CG-l, Commercial
General, land use district.
END OF STAFF REPORTS
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06/02/2003
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, JUNE 2,2003 - 7:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 7:00 P.M.
CONTINUED FROM MAY 19, 2003
R21. Public hearing - State College Redevelopment Project Area Plan Amendment -
reinstate eminent domain. (New Staff Report not available at time of
printing.) Wards 5 & 6
Mayor to open the hearing . . .
Resolution of the Community Development Commission of the City of San
Bernardino, making a finding that conditions of blight burden the
Redevelopment Project Area of the State College Redevelopment Project,
approving the Section 33352 Report to the Mayor and Common Council on the
2003 Eminent Domain Amendment to the Redevelopment Plan for the State
College Redevelopment Project, approving the 2003 Eminent Domain
Amendment to the Redevelopment Plan for the State College Redevelopment
Project and adopting a negative declaration in accordance with the California
Environmental Quality Act. (Resolution not available at time of printing.)
An Ordinance of the Mayor and Common Council of the City of San Bernardino
adopting the 2003 Eminent Domain Amendment to the Redevelopment Plan for
the State College Redevelopment Project and adopting a negative declaration in
accordance with the California Environmental Quality Act. FIRST READING
(Ordinance not available at time of printing.)
MOTION #1: That the hearing be closed; that written objections to the 2003
eminent domain amendment be considered; and that written
findings be prepared in response thereto as applicable and be
presented at the next regular meeting;
or, if no written oral objections are presented
MOTION #2: That the hearing be closed; that said resolution be adopted; and
that said ordinance be laid over for final adoption.
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06/02/2003
Heard by Redevelopment Committee on May 18, 2003 - Council Members
Present: Anderson, Estrada and Suarez
TO BE HEARD AT 7:00 P.M.
CONTINUED FROM MAY 19, 2003
R22. Public hearing - sale of surplus Water Department property located at the
northwest corner of University Parkway and Northpark Boulevard by the City to
the Redevelopment Agency for subsequent sale to the J. R. Watson & Associates
Development Company. (New Staff Report not available at time of printing.)
Ward 5
A. A Resolution of the Community Development Commission of the City of
San Bernardino, as the governing body of the Redevelopment Agency of
the City of San Bernardino, approving the purchase of certain property
from the City of San Bernardino and the disposition of said property to J.
R. Watson & Associates Development Co. and approving that certain
Disposition and Development Agreement by and between the
Redevelopment Agency of the City of San Bernardino and J. R. Watson
& Associates Development Co. (Resolution not available at time of
printing.)
B. A Resolution of the Mayor and Common Council of the City of San
Bernardino approving that certain Purchase and Sale Agreement by and
between the City of San Bernardino and the Redevelopment Agency of
the City of San Bernardino relating to property located at the northwest
corner of University Parkway and Northpark Boulevard in the City of
San Bernardino. (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the public hearing be closed; and that said resolutions
A & B, be adopted.
TO BE HEARD AT 7:00 P.M.
CONTINUED FROM MAY 13, 2003
R23. Public Hearing - To consider the application for a Section 108 Loan Guarantee
- Focused Neighborhood Revitalization Program. (Staff Report not available
at time of printing.) Ward 5
(Item Continued on Next Page)
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06/02/2003
R23. Continued.
A Resolution of the Mayor and Common Council of the City of San Bernardino
approving the proposed Section 108 Loan Guarantee application for the Focused
Neighborhood Revitalization Program and authorizing and approving the
submittal of the final application to the U.S. Department of Housing and Urban
Development (HUD) and for public distribution. (Resolution not available at
time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
R24. A Resolution of the Community Development Commission of the City of San
Bernardino approving Amendment No. 2 to Operation and Maintenance
Agreement by and between Redevelopment Agency of the City of San
Bernardino and Theatrical Arts International. (Documents not available at time
of printing.) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
25. 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.)
26. Adjournment.
MOTION: That the meeting be adjourned to 5:30 p.m., Thursday, June 12,
2003, in 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,
June 16, 2003, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
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06/02/2003
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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