HomeMy WebLinkAbout09-02-2003 Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
TUESDAY, SEPTEMBER 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 page 9.)
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):
Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 034774;
(Item Continued on Next Page)
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1. Continued.
Michelle P. Arroyo v. City of San Bernardino, et al.- United States
District Court Case No. CV 02-8967 ABC (SHSx) San Bernardino
Superior Court Case No. SCVSS 100619;
Candice Dick v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 02-158 V AP (SGLx);
Travis O. Tolbert v. City of San Bernardino, by and through its Police
Department; Officer Dennis Han (#50356) and Does I-V - United States
District Court Case No. EDCV-02-550 (SGL).
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:
Neighbors of San Manuel Tribe v. City
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
City v. San Manuel Band of Serrano Mission Indians
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. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Firefighters' Association
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1. Continued.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property Address:
Negotiating Parties:
Under Negotiation:
2.
Property Address:
Negotiating Parties:
Under Negotiation:
3.
Property Address:
Negotiating Parties:
Under Negotiation:
HUB Properties, APN 0281-081-19
and 0281-081-20
Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and Kam
Mie Nanney-Wong, property
owner.
Purchase price, terms & conditions
HUB Properties, APN 0281-082-
057
Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and
Vibhakerbhai Patel, property owner
Purchase price, terms & conditions
HUB Properties, APN 0281-
081-01, 0281-081-02, 0281-081-03
Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and Cecilia
Moreno and Robert Newman,
property owners
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
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.
6.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated August 19, 2003,
from Barbara Pachon, Director of Finance, be approved.
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09/02/2003
7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated August 26, 2003, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino, be approved and ratified.
City Administrator
8. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing submission of a financing application to the California Infrastructure
and Economic Development Bank for financing of the Verdemont Fire Station
and approving certain other matters in connection therewith. (See Attached)
(Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
Development Services
9. Authorize submittal of a Request for Reimbursement to SANBAG for
Transportation Development Act (TDA) Article 3, Pedestrian Access to Transit
Facilities Projects. (See Attached) Wards 1,4,6 & 7
MOTION: That the Mayor and Common Council authorize the Director of
Finance to execute the attached Claim Forms marked Exhibit
"A", requesting reimbursement in the amount of $16,602 in
accordance with Article 3, PUC Section 99234a "Pedestrian
Access to Transit Facilities" for installation of bus pads,
sidewalks, and ADA access ramps, per Plan No. 10412.
10. Resolution of the City of San Bernardino authorizing the Director of
Development Services to execute on behalf of the City Utility Agreement No.
19948 with the State of California, Department of Transportation (CALTRANS)
for the relocation of City sewer facilities due to the construction of the SR-21O
Freeway. (See Attached) (Cost to the City -- $505,054 from the Sewer Line
Construction Fund.) (Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
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09/02/2003
11. Resolution of the City of San Bernardino authorizing the Director of
Development Services to execute on behalf of the City Utility Agreement No.
17604 with the State of California, Department of Transportation (CALTRANS)
for the relocation of City sewer facilities due to the construction of the SR-21O
Freeway.) (See Attached) (Cost to the City -- $295,327 from the Sewer Line
Construction Fund.) (Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
12. Authorize the Director of Development Services to solicit proposals for
professional Civil Engineering Services for the design of sanitary sewer line
replacements/upgrades in "E" Street, Chandler Place, Inland Center Drive,
Virginia Street, 17th Street, an alley south of Jefferson Street, and Arrowhead
A venue and authorize the RFP format for future use to solicit proposals for
future Public Works projects. (See Attached) Wards 1,2,3&7
MOTION: That the Mayor and Common Council authorize the Director of
Development Services to solicit proposals for Professional Civil
Engineering Services for the design of sanitary sewer line
replacements/upgrades in "E" Street, from Hunts Lane to McKay
Drive; Chandler Place, from "E" Street to Orange Show Road;
Inland Center Drive, from "H" Street to 1-215 Freeway; Inland
Center Drive, from Scenic Drive to 1-215 Freeway; Virginia
Street, from "I" Street to "H" Street; 17th Street, from "I" Street
to "H" Street; an alley south of Jefferson Street to Inland Center
Drive; and Arrowhead Avenue from Mill Street to Chandler
Place; and that the attached Request for Proposal format be
authorized for use to solicit proposals for future Public Works
projects.
Fire
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to purchase one new Pierce fire apparatus
from Pierce Manufacturing, Inc.; solicit bids to purchase ancillary equipment
and emergency medical services equipment, and enter into a lease purchase
agreement to fund the purchase of two new street sweepers. (See Attached)
(Cost to the City -- $53,415.94 from General Fund and CDBG Fund.)
(Resolution not available at time of printing.)
(Item Continued on Next Page)
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09/02/2003
13. Continued.
MOTION: That said resolution be adopted; that the Director of Finance or
her designee be authorized to 1) issue a purchase order to Pierce
Manufacturing, Inc., in the amount of $358,853.83 to purchase
one new Pierce fire apparatus; 2) solicit bids to purchase
ancillary and emergency medical supplies equipment in the
amount of $73,000; and 3) enter into a lease purchase agreement
with Sun Trust Leasing for the Pierece fire apparatus and
sweepers as outlined in the staff report, dated August 13, 2003,
from Larry Pitzer, Fire Chief; and that the Director of Finance be
authorized to amend the Fiscal Year 2003-04 budget by
appropriating an additional $8,900 from the budget end balance
excess to Account No. 001-202-5803.
Parks, Recreation & Community Services
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of Amendment No. 1 to the Concessionaire
Contractual Agreement between the City of San Bernardino and Diamond
Creations, Inc. to extend concession services at the San Bernardino Soccer
Complex through November 19, 2003. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.) Ward 7
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Committee on Au~ust 26, 2003
Committee Members Present: McCammack, Estrada and Anderson
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to submit an application to the California
Department of Health Services for the California Nutrition Network Grant in the
amount of $156,888 for the three-year period of October 1, 2003 through
September 30,2006. (Document not available at time of printing.) (Cost to the
City - In-kind support in the Parks and Recreation Department's approved
budget.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
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CONTINUED ITEMS
City Administrator
CONTINUED FROM AUGUST 4, 2003
16. Authorization to proceed with the preparation of documents and appropriate
Municipal Code amendments to impose a special tax district for the operation
and maintenance of the proposed Verdemont Fire Station on new development
only. (Backup material was distributed on August 4, 2003, Item No. 11.)
MOTION: That staff be authorized to proceed with the preparation of
documents and appropriate Municipal Code amendments to
impose a special tax district for the operation and maintenance of
the proposed Verdemont Fire Station on new development only.
Development Services
CONTINUED FROM AUGUST 18, 2003
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an Agreement with J. R. Watson Development
Company & Associates for grading of Campus Parkway between Kendall Drive
and Northpark Boulevard. (Backup material distributed on August 18, 2003,
Item No.9.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
CONTINUED FROM Au~ust 18, 2003
18. A Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a contract between the South Coast Air
Quality Management District and the City of San Bernardino for the receipt of
grant funds in the amount of $143,208 for construction of the LNG-L/CNG
Fueling Station at the City Corporate Yard. (Backup material distributed on
August 18, 2003, Item No 24.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
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STAFF REPORTS
City Administrator
19. An Ordinance of the City of San Bernardino amending Chapter 9.92.020 of the
San Bernardino Municipal Code concerning the qualifications of Administrative
Law Officers. FIRST READING (See Attached) (No cost to the City.)
(Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
Human Resources
20. Resolution of the City of San Bernardino implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the Police
Safety Employees' Bargaining Unit of the City of San Bernardino represented
by San Bernardino Police Officers' Association (SBPOA). (Document not
available at time of printing.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2003-04 adopted budget and
transfer $122,500 from the General Government budget (001-
092-5011) to the Police Deparlment budget (various personnel
line items).
City Clerk
21. Designation of Voting Delegate for League of California Cities Annual
Conference to be held September 7-10,2003, in Sacramento, California.
MOTION: That Council Member Derry be designated as the City's voting
representative for the League of California Cities Annual
Conference to be held on September 7-10, 2003 in Sacramento,
California.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R22. Rules governing owner participation in the Mt. Vernon Corridor Redevelopment
Project Area. (See Attached) Ward 1
MOTION: That the Community Development Commission approve the
motion to authorize Redevelopment Agency Staff to proceed with
the necessary Owner Participation notices to certain property
owners within the Mt. Vernon Corridor Redevelopment Project
Area and the preparation of a draft Redevelopment Project Study
and Redevelopment Assistance Agreement with Tri Palm
Development Inc.
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09/02/2003
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
TUESDAY, SEPTEMBER 2,2003 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
CONTINUED FROM JULY 21, 2003
23. Appeal hearing - Appeal No. 03-05 - request to overturn the Planning
Commission's denial of Tentative Parcel Map No. 15893, to subdivide 6.64
acres into four parcels with a minimum lot size of 1.0 acre - property is located
at 7585 N. Martin Ranch Road - northwest corner of Meyers Road and Martin
Ranch Road. (Backup material was distributed on July 21, 2003, Item No.
36.)
Appellant/ Owners:
Dennis & Monica Soares
7575 Martin Ranch Road
San Bernardino, CA 92407
Request/Location: The appellant is appealing the Planning Commission's denial
of Tentative Tract Map No. 15893, a request to subdivide a 6.64-acre lot into
four parcels with a minimum lot size of 1.0 acre, and no construction of houses
proposed with the subdivision request. The property is located at 7585 N.
Martin Ranch Road, at the northwest corner of Meyers Road and Martin Ranch
Road, in the RE, Residential Estate, land use district.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Planning Commission's
denial of Tentative Tract Map No. 15893 (Subdivision No. 02-
04), be upheld.
END OF PLANNING ITEMS
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09/02/2003
24. 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.)
25. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday,
September 15, 2003, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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09/02/2003
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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