HomeMy WebLinkAbout02-17-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, FEBRUARY 17, 2004 - 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.
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 Community
Development Commission recess to closed session for the
following:
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
(Item Continued on Next Page)
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1. Continued.
Ana Lopez v. City of San Bernardino, et al. - Rancho Cucamonga
Superior Court Case No. RCV 072546;
Ruby Howard v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 095713
Thomas Nunez, Victor Nunez v. City of San Bernardino; Officer M.
Taylor; Officer C. Johnson, et al. - San Bernardino Superior Court Case
SCISS 099063.
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 v. San Manuel Band of Serrano Mission Indians
D. Closed Session - personnel - pursuant to Government Code Section
54957 :
Appointment
City Engineer
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 Fire Fighters' Association
(Item Continued on Next Page)
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1. Continued.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property:
APN 0281-083-02; 0281-083-03; 0281-083-04;
0281-083-013; 0281-083-014; 0281-083-015;
0281-083-016; 0281-083-017; 0281-083-018;
0281-083-019; 0281-083-020; and 0281-091-39
Negotiating Parties: Gary Van Osdel on behalf of the
Redevelopment Agency and JAKS, LLC,
property owner
Under Negotiation: Purchase price, terms and conditions
END OF CLOSED SESSION
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02/17/2004
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Animal Control Commission - Bud Coffey - Mayor Valles (See
Attached)
B. Fine Arts Commission - Dorothy Garcia - Council Member
McCammack. (See Attached)
C. Community Television Commission - Yvonne McGinnis - Council
Member Estrada
MOTION: That the appointments of Dorothy Garcia, Bud Coffey,
and Yvonne McGinnis, as requested by Mayor Valles,
Council Member McCammack, and Council Member
Estrada, be approved.
D. Re-appointments - Council Member McCammack:
Susan Benevy - Animal Control Commission
Kenneth M. Cloyd - Board of Building Commissioners
Dr. Ernest Ponce - Bureau of Franchises
Jeanette Avila - Central City Parking Place Commission
Sally Morris - Community Development Citizens Advisory Committee
Russell Lackner - Community Television Commission
Lawrence A. Veres - Board of Fire Commissioners
Margaret J. Littrell - Human Relations Commission/Senior Affairs
Commission
Marilyn Patterson - Parks & Recreation Commission
Michael Sauerbrun - Planning Commission
George W. Schnarre - Police Commission
MOTION: That the re-appointments requested by Council Member
McCammack be approved.
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3. Presentations.
A. Service Pin Awards 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.
6. Council Minutes.
MOTION: That the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form: January 20, 2004 (Distributed on 2/9/04)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated February 3, 2004,
from Barbara Pachon, Director of Finance, be approved.
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8.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated February 10, 2004 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.
Code Compliance
9. Resolution of the Mayor and Common Council authorizing the Mayor to execute
a purchase agreement with GTSI Corporation for computer equipment to outfit
Code Compliance vehicles with field offices. (See Attached) (Cost to the City
-- $104,861.82 [$96,999 grant funded; and $7,862.82 from the Infonnation
Services budget].)
MOTION: That said resolution be adopted.
Development Services
10. Authorize execution of Contract Change Order No. One to contract with Essex
Construction, Inc. for the upgrade of playground equipment and surfacing of
fourteen (14) park sites project, per Plan No. 10595. (See Attached) (Cost to
the City -- $11,942.23 from the Park Construction Fund.)
Wards 1,3,4,5,6&7
MOTION: That the Director of Development Services be authorized to
execute Change Order No. One in the amount of $11,942.23 to
contract with Essex Construction, Inc., for the upgrade of
playground equipment and surfacing at fourteen (14) park sites,
per Plan No. 10595.
11. Authorize execution of Contract Change Order No. Two to contract with
Holland-Lowe Construction Inc, to re-route the street light and a San
Bernardino monument conduit at the northwest comer of Tippecanoe Avenue
and Laurelwood Drive, Phase II, per Plan No. 10373A. (See Attached) (Cost
to the City -- $21,315.00 from the Street Construction Fund.) Ward 3
MOTION: That the Director of Development Services be authorized to
execute Change Order No. Two in the amount of $21,315 to
contract with Holland-Lowe Construction, Inc. to re-route the
street light and a San Bernardino monument conduit at the
northwest comer of Tippecanoe Avenue and Laurelwood Drive,
Phase II, per Plan No. 10373A.
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02/17/2004
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an agreement with Watson & Associates for
grading of Campus Parkway between Kendall Drive and Northpark Boulevard.
(See Attached) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Repipe-California, Inc. for the sewer rehabilitation by
Cured-in-Place Pipe (CIPP) method on "E" Street between 2nd Street and 5th
Street (SW04-06) per Plan No. 10540. (See Attached) (Cost to the City --
$135,000 from the Sewer Line Construction Fund.) Ward 1
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Dye and Browning Construction, Inc. for the installation
of curb and gutter, sidewalk and asphalt concrete paving at Richardson Street
from Hardt Street to 400' north (SS04-13) per Plan No. 10663. (See Attached)
(Cost to the City -- $52,000 from the % Cent Sales and Road Tax Fund.)
(Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 03/04 CIP budget and transfer
$52,000 from Account No. 129-367-5504-7156 (Street & Safety
Improvements at Various Locations) to Account No. 129-367-
5504-7448 (Richardson Street - Hardt to 400 feet north).
15. Resolution of the City of San Bernardino declaring its intention to order the
vacation of a portion of that certain east/west alley south of Base Line Street,
between Lugo A venue and Sepulveda A venue and reserving easements for
certain public utilities therein. (See Attached) (Cost to the City -- $1,000
from the General Fund. ) Ward 2
MOTION: That said resolution be adopted.
16. Authorization to proceed - proposed vacation of a portion of Hazel Street,
between "H" Street and the 1-215 Freeway, plan approval and request for
waiver of fees. (See Attached) (No cost to the City if request for waiver of
fees is denied. ) Ward 3
(Item Continued on Next Page)
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16. Continued.
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed with the vacation of a portion of Hazel
Street, between "H" Street and the 1-215 Freeway; that Plan No.
10907, be approved; and that the request to waive a portion of
vacation fees in the amount of $500 be denied.
17. Authorization to proceed - proposed annexation of 4180 N. "E" Street, located
at the southwest comer of 48th Street and "E" Street. (See Attached) (No cost
to the City.) Ward 4
MOTION: That the Director of Development Services be authorized to
initiate proceedings for the annexation of 4180 N. "E" Street
located at the southwest comer of 48th Street and "E" Street.
Parks, Recreation & Community Services
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute Amendment No. 2 to the
Agreement between the Friends of San Bernardino City Parks, Inc. and the City
of San Bernardino for the operation of the Galaxy Grand Ballroom. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Police
19. 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 Incentive
Block Grant. (See Attached) (No cost to the General Fund.)
MOTION: That said resolution be adopted.
Public Services
20. A Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Poma Distributing for the
purchase of gasoline and diesel fuel in participation with a contract between
Poma Distributing and the County of San Bernardino. (See Attached) (No
additional cost to the City -- $4,945 anticipated cost savings in FY
2003/2004.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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02/17/2004
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase in a purchase order to Consolidated Fabricator Corp. for
the purchase of commercial/residential front-load and roll-off refuse bins
utilized by the Public Services Refuse Division. (Cost to the City -- $148,170
from the Refuse Fund.) (Document and 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 Ad Hoc Committee held on
January 27,2004 - Members Present: McCammack and Anderson
Development Services
22. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the submittal of three project applications for the fifth funding cycle
of the Safe Routes to School (SR2S) Program. (See Attached) (Cost to the City
-- $41,200 from the Traffic Signal Construction Fund if all three projects
are awarded.)
MOTION: That said resolution be adopted.
Recommended for approval at the Grants Ad Hoc Committee held on
January 27,2004 - Members Present: McCammack and Anderson
Parks, Recreation & Community Services
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a contract with the County of San Bernardino to
administer a Program Continuation Grant from the State of California
Community Based Services Program (CBSP) funds in the amount of $24,436 for
the period of July 1, 2003 through June 30, 2004. (See Attached) (No cost to
the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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02/17/2004
Recommended to receive and file at the Ways and Means Committee held
on February 4, 2004 - Members Present: McCammack and Estrada
Finance
24. Second Quarter Budget Report - Fiscal Year 2003-2004. (Document not
available at time of printing.)
MOTION: That the Mayor and Common Council receive and file the Second
Quarter Budget Report for Fiscal Year 2003-2004.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
City Administrator's Office
CONTINUED FROM FEBRUARY 2, 2004
TO BE HEARD AT 4:00 P.M.
25. Public hearing to establish certain fees for services furnished by the City of San
Bernardino. (Backup material distributed on January 20, 2004, Item No.
30; item continued to February 2, 2004, Item No. 30.)
A Resolution of the City of San Bernardino establishing certain fees for services
furnished by the City of San Bernardino, and repealing Resolution No. 2003-
211, Resolution No. 90-397, Resolution No. 91-470, and Resolution No. 90-
471, and amending Resolution No. 89-471, Resolution No. 90-154, Resolution
No. 91-148, and Resolution No. 97-271.
The hearing remains open . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
City Clerk
CONTINUED FROM FEBRUARY 2, 2004
26. An Ordinance of the City of San Bernardino amending Section 5.04.015 of the
San Bernardino Municipal Code by adding Subsection "E" relating to Business
Registration Certificate Application processing fees. FIRST READING
(Backup material distributed on January 20, 2004, Item No. 32; item
continued to February 2, 2004, Item No. 31.)
MOTION: That the matter be tabled.
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02/17/2004
Police
CONTINUED FROM FEBRUARY 2, 2004
27. An ordinance of the City of San Bernardino amending Municipal Chapter 8.81
to include Section 8.81.045 establishing a requirement that alarm businesses
notify the Police Department of each alarm installation and that allows the City
of San Bernardino to invoice alarm businesses for installation and monitoring
service transfer fees. FIRST READING (Backup material distributed on
January 20, 2004, Item No. 36; item continued to February 2, 2004, Item
No. 33.)
MOTION: That said ordinance be laid over for final adoption.
END OF CONTINUED ITEMS
STAFF REPORTS
City Administrator
28. Resolution of the Mayor and Common Council of the City of San Bernardino in
support of Proposition 57, the Economic Recovery Bond Act, and Proposition
58, the Balanced Budget Act. (Document and Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
City Clerk
29. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630 (c)( 1).
MOTION: That the Mayor and Common Council confirm the need for
continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
Finance
30. Ratify the emergency purchases that were incurred as a result of the "Old
Waterman Canyon Fire". (Document not available at time of printing.)
MOTION: That the Mayor and Common Council receive and file the report
of the emergency circumstances resulting in emergency purchases
that were incurred as a result of the "Old Waterman Canyon
Fire"; and that the Mayor and Common Council hereby ratify
said emergency purchases.
END OF STAFF REPORTS
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02/17/2004
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
TUESDAY, FEBRUARY 17, 2004 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
31. Public hearing - Development Code Amendment No. 03-04 - to allow an
electronic message center sign for auto dealerships subject to a conditional use
permit and Conditional Use Permit No. 03-03 to construct an electronic message
center sign at the Center Auto Plaza - located a 1388 South "E" Street. (See
Attached) (No cost to the City.) Ward 3
An Ordinance of the City of San Bernardino modifying Chapter 19.22 (Sign
Regulations) of the San Bernardino Municipal Code (Development Code) related
to electronic sign requirements for auto dealerships. FIRST READING
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; that the Mayor and Common Council
deny Development Code Amendment No. 03-04 and Conditional
Use Permit No. 03-03, and continue to the next meeting to allow
Development Services to bring revised Findings of Fact to the
Council; or
MOTION #2: That the hearing be closed; that the ordinance be laid over for
final adoption and Conditional Use Permit No. 03-03 be approved
based upon the Findings of Fact contained in the Planning
Commission Staff Report (Exhibit B), subject to the Conditions of
Approval (Exhibit B, Attachment E).
END OF PLANNING ITEMS
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02/17/2004
32. 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.)
33. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, March 1, 2004, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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02/17/2004
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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