HomeMy WebLinkAbout10-18-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, OCTOBER 18, 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. Community Development Commission Items
are on Page 10.)
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 - eXIstmg litigation - pursuant to
Government Code Section 54956.9(a):
Manta Management Corporation v. City of San Bernardino - San
Bernardino Superior Court Case No. SCVSS 18157;
(Item Continued on Next Page)
1 10/18/2004
1. Continued.
City of San Bernardino, a Municipal Corporation and the Economic
Development Agency for the City of San Bernardino v. Valerie Pope-
Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan
Steward, Inc., Steward & Associates, et al. - San Bernardino Superior
Court Case No. SCVSS 108965;
Timothy Francis Littlefield (Deceased); Barbara Littlefield v. City of San
Bernardino - Workers' Compensation Appeals Board Case No. SBR
0318216.
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1.
Property:
247 W. Third Street
Negotiating Parties: Judith Valles, Mayor, on behalf of the
Redevelopment Agency, property owners, and
Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
Under Negotiation: Purchase price, terms and conditions
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(Item Continued on Next Page)
1. Continued.
2.
Property:
Negotiating Parties:
Under Negotiation:
Uptown Project Area
3. Property:
Owner/Seller:
Buyer:
That parcel consisting of approximately 67.75
acres identified as Parcel 1-2 at the San
Bernardino International Airport, and generally
bounded by Harry Sheppard Boulevard, Del
Rosa Drive, Paul Villasenor Boulevard, and
Memorial Drive
Don Rogers on behalf of the Inland Valley
Development Agency. David Newsom on
behalf of Hillwood/San Bernardino LLC.
Bruce Varner on behalf of Stater Bros.
Markets. James F. Penman on behalf of the
City of San Bernardino.
Terms and conditions
APN 0145-242-32, 0145-242-33
Mayor Judith Valles, Chairman, on behalf of
the Redevelopment Agency of the City of San
Bernardino, property owner(s)
San Bernardino City Unified School District
(" District")
END OF CLOSED SESSION
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10/18/2004
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
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
19, 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.
(See Attached)
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:
September 20,2004
(Distributed on 10/7/04)
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10/18/2004
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated October 12, 2004,
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 October 12, 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.
City Attorney
LAID OVER FROM OCTOBER 4, 2004
9. An ordinance of the City of San Bernardino amending Sections 5.04.495 and
5.04.496, and adding Section 5.04.499 of the San Bernardino Municipal Code
regarding Transient Vendors. FINAL READING (Backup material was
distributed on October 4,2004, Item No. 35.)
MOTION: That said ordinance be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Arias,
Lockwood & Gray, the Partners and the City of San Bernardino to represent the
City in the case of Rosario Aguilar v. City of San Bernardino, et aZ.
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
City Clerk
11. 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.
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10/18/2004
Development Services
12. Resolution of the City of San Bernardino amending Resolution No. 3985
entitled, in part, "A Resolution ... prohibiting parking upon certain designated
streets, alleys, or portions thereof..." to establish a No Parking Any Time zone
on the south side of Court Street between Allen Street and 300 feet west of
Allen Street. (See Attached) (Cost to the City -- $800.00 from the General
Fund.) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
13. Reject all bids for the construction of ADA access ramps and sidewalk at
various locations, Phase VI - 2003/04 (SS04-07), per Plan No. 10992A and
direct staff to revise the project and re-advertise. (See Attached)
MOTION: That the Mayor and Common Council reject all bids for the
construction of ADA access ramps and sidewalk at various
locations, Phase VI - 2003/04 (SS04-07), per Plan No. 10992A
and direct staff to revise the project and re-advertise.
14. Authorize the Director of Development Services to execute Contract Change
Order No. One to contract with Niko1a Corporation for sewer improvements on
Baseline Street (SW04-04); "I" Street (SW04-30); Wilson Street and 35th Street
(SW04-31), per Plan No. 10890. (See Attached) (Cost to the City
$92,752.00 from the Sewer Line Construction Fund.) Ward 1
MOTION: That the Mayor and Common Council authorize the Director of
Development Services to execute Contract Change Order No.
One in the amount of $92,752 to contract with Niko1a
Corporation for sewer improvements on Baseline Street (SW04-
04); "I" Street (SW04-30); Wilson Street and 35th Street (SW04-
31); per Plan No. 10890; and authorize the Director of Finance
to amend the FY 2004/05 budget by transferring $26,500 from
Account No. 245-365-5504-7317 (SW04-04) to Account No.
245-365-5504-7427 (SW04-30) and $24,600 from Account No.
245-365-5504-7317 (SW04-04) to Account No. 245-365-5504-
7428 (SW04-31).
Fire
15. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting a Standard Agreement to be used for gaining the permission of parcel
owners to enter their property for the purposes of conducting prescribed and/or
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10/18/2004
structural training burns. (See Attached) (No cost to the City.) (Resolution
not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to issue an annual purchase order to
Galls/Inland Uniforms in the amount of $60,000 for replacement of Class "B"
uniforms. (See Attached) (Cost to the City -- $60,000 from the General
Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
17. Reject all bids submitted in response to Bid No. F-05-019 and authorize the
Purchasing Manager to re-advertise for bids for picnic shelters and gazebo. (See
Attached) (No cost to the City.)
MOTION: That the Mayor and Common Council authorize the rejection of
all bids received in response to Bid No. F-05-019 for picnic
shelters and gazebo; and authorize the Purchasing Manager to re-
advertise for bids.
Police
18. Set a public hearing for 4:00 p.m. on Monday, November 1, 2004, for the
proposed expenditures of monies allocated from the FY 2004/05 Local Law
Enforcement Block Grant (LLEBG). (See Attached)
MOTION: That the Mayor and Common Council set a public hearing for
4:00 p.m. on Monday, November 1, 2004, relative to the
proposed expenditure plan for the awarded Local Law
Enforcement Block Grant (LLEBG) funding for Fiscal Year
2004/05.
19. Set a public hearing for 4:00 p.m. on Monday, November 1, 2004, for the
proposed expenditures of monies allocated from the FY 2004/05 Citizen's
Option for Public Safety (COPS). (See Attached)
MOTION: That the Mayor and Common Council set a public hearing for
4:00 p.m. on Monday, November 1, 2004, relative to the
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10/18/2004
proposed expenditure plan for the awarded Citizen's Option for
Public Safety (COPS) funding for Fiscal Year 2004/05.
END OF CONSENT CALENDAR
CONTINUED ITEMS
Development Services
CONTINUED FROM OCTOBER 4, 2004
20. Resolution of the Mayor and Common Council of the City of San Bernardino
establishing a Disadvantaged Business Enterprise (DBE) Program and DBE
Goals for Federal Financial Assistance Projects. (Backup was distributed on
September 20, 2004, Item No. 15; item was continued to October 4, 2004,
Item No. 40.)
MOTION: That said resolution be adopted.
Fire
CONTINUED FROM OCTOBER 4, 2004
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino Fire Department to enter into a billing
services agreement with Advanced Data Processing, Inc. (AD PI) for first
responder, paramedic, and membership program fees. (Backup material was
distributed on October 4,2004, Item No. 21.)
MOTION: That said resolution be adopted.
Human Resources
CONTINUED FROM SEPTEMBER 20, 2004
22. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the San Bernardino City Professional Firefighters Welfare Benefit
Plan authorizing payroll deductions by the City of San Bernardino for
participating members. (No Backup material was distributed on July 6,
2004, Item No. 28, item was continued to July 19, 2004, Item No. 37, item
was continued to August 2, 2004, Item No. 22; continued to August 16,
2004, Item No. 33; continued to September 20,2004, Item No. 36.)
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10/18/2004
MOTION: That said resolution be adopted.
City Administrator
23. Ordinances relative to inactive Boards and Commissions.
CONTINUED FROM OCTOBER 4, 2004
A. Ordinance of the City of San Bernardino repealing Chapters 2.47
(Central City Advisory Board), 2.44 (Cemetery Commission), 2.41
(Main Street Advisory Board), and 2.27 (Commission for Disabled
Persons), and 2.24 (Central City Parking Place Commission) of the San
Bernardino Municipal Code, and amending Section 2.42.020 of the San
Bernardino Municipal Code by adding Paragraph "I" relating to
meetings of the Community Television Commission. (Backup material
was distributed on September 20, 2004, Item No. 26; item continued
to October 4,2004, Item No. 38.)
MOTION: That said ordinance be tabled.
Recommended for approval at the Le~islative Review Committee
Meetin~ on October 5, 2004 - Committee Members Present: Derry,
Johnson and Kelley
B. Ordinance of the City of San Bernardino repealing Chapters 2.47
(Central City Advisory Board), 2.44 (Cemetery Commission), 2.41
(Main Street Advisory Board), 2.27 (Commission for Disabled Persons)
of the San Bernardino Municipal Code, and amending Section 2.42.020
of the San Bernardino Municipal Code by adding Paragraph "I" relating
to meetings of the Community Television Commission. FIRST
READING (Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
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10/18/2004
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Mundal1, Od1um & Haws and the City of San Bernardino to represent the City
in the case of San Bernardino City ProfessionaZ Firefighters Union, LocaZ 891,
and Richard Lewis v. City of San Bernardino, et aZ. (Document and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Gresham, Savage, Nolan & Tilden and the City of San Bernardino to represent
the City in the case of City of San Bernardino, a municipaZ corporation and the
Economic DeveZopment Agency for the City of San Bernardino, a public body
corporate and politic v. VaZerie Pope-LudZam, Edward Negrete, YoZanda
Negrete, MichaeZ Beauregard, Allan Steward, Allan Steward, Inc., Steward &
Associates, and Does 1 through 100. (Document and Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
26. Study Session - 5:00 p.m. in the Economic Development Agency Boardroom to
hear a presentation of the Police Department's Five-Year Strategic Plan.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM OCTOBER 4, 2004.
R27. A Resolution of the Community Development Commission of the City of San
Bernardino approving and adopting the City of San Bernardino Redevelopment
Agency 2004 Replacement Housing Plan. (Continued from October 4, 2004,
Item No. R37.)
MOTION: That the matter be continued to November 1, 2004.
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10/18/2004
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10/18/2004
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, OCTOBER 18, 2004 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
28. Public hearing - General Plan Amendment No. 04-04 to change the land use
designation for seven parcels from CG-4, Commercial General to RS,
Residential Suburban. (See Attached) (No cost to the City.) Ward 1
Resolution of the City of San Bernardino adopting General Plan Amendment
No. 02-08 to the General Plan of the City of San Bernardino, to amend the
General Plan Land Use Designations from CG-4, Commercial General, to RS,
Residential Suburban, for seven parcels located on the north side of King Street,
between the alley that is east of Mt. Vernon A venue and Giovano1a Avenue,
south of 2nd Street. (Resolution not available at time of printing.)
Applicant:
City of San Bernardino
Request/Location: General Plan Amendment No. 04-04 would change the land
use designation for seven parcels from CG-4, Commercial General to RS,
Residential Suburban. The project site is located on the north side of King
Street, between the alley that is east of Mt. V ernon Avenue and Giovano1a
Avenue, south of 2nd Street.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PLANNING ITEMS
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10/18/2004
29. 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.)
30. 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, November 1, 2004, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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10/18/2004
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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