HomeMy WebLinkAbout06-16-2003 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, JUNE 16, 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 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):
California Bio- Mass v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 083473;
Shirley J. Goodwin v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 98-66 R T (V APx).
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1. Continued.
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. Allan Steward and Gil Lara
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 0139-071-05
Negotiating Parties:
Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and Johnnie
L. Davis and Lucille O. Davis,
property owners
Under Negotiation:
Purchase price, terms & conditions
(Item Continued on Next Page)
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1. Continued.
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
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
31, be adopted except for _, _, _, _, _, _,
_, _, and
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common Council/Community Development
Commission be waived.
6. Council Minutes.
MOTION: That the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission, be
approved as submitted in typewritten form:
May 19, 2003
(Distributed on 6/6/03)
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7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated June 10,2003, 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 June 10, 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
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a Master Services Memorandum of
Understanding with the Water Department for provision of City services for
Fiscal Year 200312004. (See Attached) (Reimbursement to various City
accounts -- $935,600.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
stating the City's intention to grant a franchise to the Southern California Gas
Company. (See Attached) (No cost to the City.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
City Attorney
LAID OVER FROM JUNE 2, 2003.
11. 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. FINAL READING
(Backup material was distributed on June 2,2003, Item No. 18.)
MOTION: That said ordinance be adopted.
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Code Compliance
12. Resolution of the City of San Bernardino authorizing execution of a Services
Agreement in the amount of $488,000 with Los Padrinos, Youth Services Inc.,
a non-profit organization, for Fiscal Year 2003-2004. (See Attached) (Cost to
the City -- $488,000 [$264,000 from Community Development Block Grant
funds, and $224,000 from the General Fund.) All Wards
MOTION: That said resolution be adopted.
Development Services
13. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Centner Construction Company for the ADA restroom
rehabilitation at Blair Park and Perris Hill Park, per Plan No. 10353. (See
Attached) (Cost to the City -- $80,000 from the Park Construction Fund.)
(Resolution not available at time of printing.) Wards 2&5
MOTION: That said resolution be adopted.
14. Resolutions authorizing the execution of a Cooperative Agreement and
Amendment No. 1 to the Cooperative Agreement with San Bernardino
Associated Government (SANBAG) for design and construction of State Street
Storm Drain between State Route 210 and Lytle Creek. (See Attached)
A. Resolution of the City of San Bernardino authorizing the execution of a
Cooperative Agreement between the City of San Bernardino and the San
Bernardino Associated Governments (SANBAG) for State Street Storm
Drain Project, Contract No.03-005. (Resolution not available at time
of printing.)
B. Resolution of the City of San Bernardino authorizing the execution of
Amendment No. 1 to the Cooperative Agreement between the City of
San Bernardino and the San Bernardino Associated Governments
(SANBAG) for State Street Storm Drain Project, Contract No. 03-005.
(Resolution not available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
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15. Authorize the Development Services Director to execute Change Order Nos.
Two and Three to contract with Matich Corporation for Laurelwood Drive
realignment between Tippecanoe Avenue and Orchard Drive (Phase I) per Plan
No. 10373, and authorize the Finance Director to amend the FY 2002/03
budget. (See Attached) (Cost to the City -- $262,869.97 from the Street
Construction Fund. ) Ward 1
MOTION #1: That the Mayor and Common Council authorize the Director of
Finance to amend the FY 2002/03 budget to transfer $129,500
from Account No. 126-369-5504-7306, "Slurry Seal at Various
Locations," to Account No. 242-362-5504-7246, "Acquire Right
of Way and realignment of Laurelwood Drive;" and
MOTION #2: That the Mayor and Common Council authorize the Director of
Development Services to execute Change Order No. Two in the
amount of $232,036 and Change Order No. Three in the
amount of $30,833.97 to the contract with Matich Corporation
for Laurelwood Drive realignment between Tippecanoe Avenue
and Orchard Drive (Phase I) per Plan No. 10373.
16. Authorize submittal of request for reimbursement to SANBAG for signing and
striping of bicycle lanes for Phases I and II of City adopted Bicycle Facilities
Master Plan, per Plan No. 10229. (See Attached) (Cost to the City
$26,623.18 from the unallocated Gas Tax Fund.) Ward 7
MOTION #1: That the Mayor and Common Council authorize the Director of
Finance to execute Exhibit "c" of claim requesting
reimbursement in the amount of $30,853.45 in accordance with
Article 3, PU C Section 99234a "Pedestrian and Bicycle
Facilities" for signing and striping of bicycle lanes for Phases I
and II of City Adopted Bicycle Facilities Master Plan, per Plan
No. 10229; and
MOTION #2: That the Mayor and Common Council authorize the Director of
Finance to amend the FY 2002/03 budget to transfer
$26,623.18 in unallocated gas tax funds to Account No. 122-
373-5504-7116, "Bikepath Valencia Avenue, Highland Avenue
to 40th Street. "
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17. Reject all bids for underground (dry) utilities along the Laurelwood Drive
realignment per Plan No. 10682. (See Attached) Ward 3
MOTION: That the Mayor and Common Council reject all bids for
underground (dry) utilities along the Laurelwood Drive
realignment per Plan No. 10682.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Subdivision Tract No. 14604, located on the
northeast corner of Ohio and Magnolia Avenues, accepting the public
dedications as set forth on said map; and authorizing execution of the Standard
Form of Agreement for the improvements in said subdivision, with time for
performance specified. (See Attached) (Resolution not available at time of
printing.) Ward 5
MOTION: That said resolution be adopted.
Economic Development A~ency
LAID OVER FROM JUNE 2, 2003
19. 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. FINAL READING
(Backup material distributed on June 2,2003, Item No. R21.) Wards 5&6
MOTION: That said ordinance be adopted.
Fire
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino Fire Department to renew the Agreement
with the County of San Bernardino to provide fire protection and paramedic
services to County unincorporated areas within the City of San Bernardino's
sphere of influence from July 1, 2003 through June 30, 2004. (See Attached)
($250,000 in revenue to be received from County in FY 2003/2004.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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Information Services
21. Authorize the Director of Finance to amend the FY 200212003 Information
Services revenue and expenditure budgets as outlined in the staff report for the
upgrade of the City's CAD/RMS/A VL system. (See Attached) (No net cost to
the City.)
MOTION: That the Mayor and Common Council authorize the Director of
Finance to amend the FY 2002/03 Information Services' budget
and increase Account No. 679-251-5702 by $150,000 to reflect
expenditures that will be incurred related to the CAD/RMS/ A VL
upgrade and to increase revenue Account No. 679-000-4901 by a
corresponding amount of $150,000 to reflect the PSAP
reimbursement that the City will receive from the State for this
project.
Parks, Recreation & Community Services
22. 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 execute
an Agreement with the San Bernardino City Unified School District to furnish
food service for the Summer Food Service Program for Youth. (See Attached)
(No cost to the City.)
MOTION: That said resolution be adopted.
23. Resolution of the City of San Bernardino authorizing the Mayor of the City of
San Bernardino or her designee to execute Amendment No.5 to the Agreement
with San Bernardino City Unified School District, relating to delivery of
breakfasts, snacks, and lunches to Delmann Heights Headstart Center. (See
Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
24. Resolution of the City of San Bernardino authorizing the execution of
Amendment No. 13 to the Agreement between the City and Casa Ramona, Inc.
relating to the operation of a drop-in center located at 1524 West 7th Street, San
Bernardino, California, to extend the term of the agreement for an additional
one year period. (See Attached) (Cost to the City -- $50,783 from the
General Fund.)
MOTION: That said resolution be adopted.
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06/16/2003
Public Services
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of an annual purchase order with four single year renewal
options to POMA Distributing Company, Inc., for automotive, heavy truck and
heavy equipment lubricants. (See Attached) (Cost to the City -- $40,000 from
the Motor Pool Fund.)
MOTION: That said resolution be adopted.
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an annual purchase order, with three single year
renewal options, to Star Auto Parts, for the purchase of automotive parts and
supplies utilized by the Public Services Department Fleet Division. (See
Attached) (Cost to the City -- $90,000 from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
27. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Great Western Leasing & Sales,
Inc. for the furnishing and delivery of one (1) Slide Axle Tag Trailer to be
utilized by the Public Services Street Division. (See Attached) (Cost to the
City -- $29,524 from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
28. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement between the City of San Bernardino
and Trimble Navigation limited to engage in a pilot test of a vehicle locating
system on ten City refuse trucks. (See Attached) (Cost to the City -- $15,273
from the Refuse Fund.)
MOTION: That said resolution be adopted.
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29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Memorandum of Understanding between the City
of San Bernardino and the City of San Bernardino Board of Water
Commissioners ("Board") providing Harwood Technical Enterprises (H. T.E.)
utility billing system use for the City's Refuse Division. (See Attached) (Cost
to the City -- $34,760.88 from the Refuse Fund.)
MOTION: That said resolution be adopted.
30. Reject all bids submitted in response to Bid No. F-04-003, new and recapped
tires, tubes and related repair services; and authorize the Purchasing Manager to
readvertise for bids for these services. (See Attached)
MOTION: That the Mayor and Common Council approve a motion
authorizing the rejection of all bids received in response to Bid
No. F-04-003; and authorize the Purchasing Manager to
readvertise for bids for these services.
Water
31. Resolution of the Mayor and Common Council of the City of San Bernardino
granting an easement to Southern California Edison through certain portions of
Water Department property located at Foothill and Sterling in order to provide
electric service to East Valley Water District's reservoir. (See Attached) (No
cost to the City.) (Resolution not available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Committee on May 13, 2003 -
Committee Members present: McCammack and Anderson
32. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of three project applications for the fourth funding cycle
of the Safe Routes to School (SR2S) Program. (See Attached) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
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Recommended for approval at the Grants Committee on June 10, 2003 -
Committee Members present: McCammack and Estrada
33. Resolution 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 with the
County of San Bernardino Pre-School Services Department and authorizing the
Director of Parks, Recreation and Community Services Department to
administer federal grants to continue the Head Start/Preschool Program at
Delmann Heights Community Center for FY 2003-2004 beginning July 1, 2003
through June 30, 2004. (See Attached) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted
Recommended for approval at the Ways and Means Committee on June 4,
2003 - Committee Members present: McCammack, McGinnis and Derry
34. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an Agreement between the City of San
Bernardino and the More Attractive Community Foundation for the location and
installation of youth sports figures. (See Attached) (Cost to the City -- $2,600
from various General Fund accounts.) Ward 5
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 4:00 P.M.
35. Public hearing - acceptance of oral bids and award of bids for sale of City
property located at the southeast corner of Orange Show Road and Amos
Avenue (Parcel Two - APN 0136-431-35). (See Attached) Ward 3
Mayor to open the hearing . . .
MOTION #1: That the hearing relative to oral bids for the sale of City
property located at the southeast corner of Orange Show Road
and Amos Avenue (Parcel Two APN 0136-431-35) be closed;
and
(Item Continued on Next Page)
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35. Continued.
MOTION #2: That the bid in the amount of $32,711 from William Doherty
for Parcel Two be approved; or
MOTION#3: That the oral bid (if any) in the amount of $
for Parcel Two be approved.
from
END OF PUBLIC HEARINGS
STAFF REPORTS
Council Office
36. Authorization to proceed with the renaming of State Street in honor of Norm
Johnson. (See Attached) Ward 6
MOTION: That the Director of Development Services be authorized to
proceed with the street name change of a ponion of State Street
to Nonn Johnson Way, south of Highland Avenue to j1h Street,
and that a public hearing to consider the matter be set for July
21, 2003, at 4:00 p. m.
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, JUNE 16, 2003 - 7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
37. Public hearing - Appeal No. 03-07, an appeal of the Planning Commission's
determination that the four-plex located at 2176 N. McKinley Avenue in the
PCR, Public Commercial Recreation land use district has lost its non-
conforming status. (See Attached) Ward 7
Owner:
Fairbanks Capital Corp.
c/o Reid & Hellyer, APC
3880 Lemon Street, 5th Floor
Riverside, CA 92502
Applicant:
Dan Katz
Reid & Hellyer, APC
3880 Lemon Street, 5th Floor
Riverside, CA 92502
Request/Location: The applicant appealed a zoning verification determination
that the property at 2176 N. McKinley (Exhibit 1) had lost its non-conforming
status as a four-plex in the PCR, Public Commercial Recreation land use
district.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council deny the appeal and uphold the Planning Commission's
determination that the four-plex located at 2176 N. McKinley
Avenue in the PCR, Public Commercial Recreation land use
district has lost its non-conforming status, based upon the
supporting data contained in the staff report, dated May 27, 2003,
from James Funk, Director of Development Services.
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38. Reconsideration of Conditional Use Permit No. 02-10 and Variance No. 02-07 -
proposed Wendy's Restaurant at the southeast corner of Rosewood and
Tippecanoe Avenues. (See Attached) Ward 3
MOTION: That the Mayor and Common Council reconsider Conditional Use
Permit No. 02-10 and Variance No. 02-07 and set the noticed
public hearing on the Conditional Use Permit and Variance,
including a reduction of the required number of parking spaces by
two, for the Council Meeting on July 21,2003 at 7:00 p.m.
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R39. A Resolution of the Community Development Commission of the City of San
Bernardino awarding a contract to demolish buildings and site improvements at
1914 Tippecanoe Avenue (University Inn). (Resolution not available at time
of printing.) Ward 3
MOTION: That said resolution be adopted.
40. 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.)
41. Adjournment.
MOTION: That the meeting be adjourned to 2:00 p.m., Thursday, June 19,
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,
July 7, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
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06/16/2003
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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