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HomeMy WebLinkAbout03-03-2003 Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 3,2003 -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 9 & 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 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): David M. Sanborn v. Avila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; (Item Continued on Next Page) 1 03/03/2003 I. Continued. California Bio-Mass, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 083473; Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-0304 B; Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez, et al.- United States District Court Case No. EDCV 02-142 RT (SGLx); Windy Anno v. City of san Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 080739; Ronald Arnett, et al. v. California Public Employees' Retirement System (PERS), et al. - United States District Court Case No. C 95 3022 CRB; Manta Management Corp. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 18157; Inland Valley Development Agency v. Elisa L. Gurrola, et al. - San Bernardino Superior Court Case No. SCVSS 087907; Inland Valley Development Agency v. Robert C. Newman II, et al. - San Bernardino Superior Court Case No. SCVSS 089202 Daniel Cravens v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 076715; Fayez Hussein aka David Hussein, and Numan Kofrani v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 94105; Robert Miller v. City of San Bernardino, Sgt. Durwood Williams, and Does I through 10, Inclusive - United States District Court Case No. EDCV-02-407 V AP (SGLx). 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: VanRossum claim and Cypress Inn Mobile Home Park. (Item Continued on Next Page) 2 03/03/2003 I. Continued. 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: (I) Fire negotiation issue G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: HUB Properties Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and 0281-081-08 0281-081-09 0281-081-10 0281-081-11 0281-081-12 0281-081-13 0281-081-14 0281-081-16 0281-081-17 0281-081-18 0281-081-19 0281-081-20 0281-082-01 0281-082-02 0281-082-03 Raymond M. Tucker Living Trust Douglas R. Nelson Jimmy R. Wiley Julio D. Rodriguez, Anthony Rodriguez Seng Kin Yeo Robert A. Lester, Ivy Y. Lester Estefani Liaou Francisco Perpuly Oscar Miranda, Jose Miranda Henry W. Shelton, Betty 1. Shelton Kam Mie Nanney-Wong Kam Mie Nanney-Wong Juan P. Trujillo, Consuelo Y. Trujillo Juan P. Trujillo, Consuelo Y. Trujillo Pomona First Federal Under Negotiation: Purchase price, terms & conditions END OF CLOSED SESSION 3 03/03/2003 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 15, 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 27, 2003 February 3, 2003 (Distributed on 2/27/03) (Distributed on 2/27/03) 4 03/03/2003 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 25, 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 February 25, 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 FEBRUARY 18, 2003 9. Ordinance of the City of San Bernardino amending Section 10.24.190 of the San Bernardino Municipal Code to prohibit commercial vehicles on Poplar Street between Pepper A venue and Meridian A venue and Meridian A venue between Mill Street and the end of Meridian Avenue north of Walnut Street. FINAL READING (Backup material was distributed on February 18, 2003, Item No. 27.) Ward 3 MOTION: That said ordinance be adopted. 10. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and declaring Sixteenth Street a through highway at its intersections with Clyde Street, Glenview Street, Flores Street, Massaro Lane, Hancock Street and Cabrera Avenue. (See Attached) (Cost to the City -- $1,200.00 from the General Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 11. Negative Declaration for street improvements associated with the Pepper Linden Drive Extension (proposed Campus Parkway) from Kendall Drive to Northpark Boulevard and installation of a traffic signal at Pepper Linden Drive and Kendall Drive. (See Attached) (No cost to the City) Ward 5 (Item Continued on Next Page) 5 03/03/2003 II. Continued. MOTION: That the Negative Declaration for street improvements to Pepper Linden Drive (proposed Campus Parkway) from Kendall Drive to Northpark Boulevard and installation of traffic signal at Pepper Linden Drive (Campus Parkway) and Kendall Drive, be adopted. 12. Authorize execution of Change Order No. One to Laird Construction Co., Inc., for pavement rehabilitation on Lexington Parkway from Hallmark Parkway to cul-de-sac; Saratoga Way from Georgia Boulevard to Hallmark Parkway; Shenandoah Way from Hallmark Parkway to cul-de-sac; Georgia Boulevard from Gannett Parkway to Saratoga Way and Gannett Parkway from Georgia Boulevard to Hallmark Parkway per Plan No. 10510 and authorize the Finance Director to amend the FY 2002/03 budget. (See Attached) (Additional cost to the City -- $44,950.16 from the AB 2928 Fund.) Ward 6 MOTION #1: That the Mayor and Common Council authorize execution of Change Order No. One in the amount of $44,950.16 to contract with Laird Construction Co. Inc., for pavement rehabilitation on Lexington Parkway from Hallmark Parkway to cui-dei-sac; Saratoga Way from Georgia Boulevard to Hallmark Parkway; Shenandoah Way from Hallmark Parkway to cul-de-sac, Georgia Boulevard from Gannett Parkway to Saratoga Way and Gannett Parkway from Georgia Boulevard to Hallmark Parkway per Plan No. 10510; and MOTION #2: That the Mayor and Common Council authorize the Director of Finance to amend the 2002/03 Capital Project budget by establishing new Account No. 135-378-5504-xxxx (California Street) in the amount of $90,000, and Account No. 135-378- 5504-xxxx (Hallmark Parkway) in the amount of $204,000 in the FY 2002/03 budget and transferring $294,000 from Account No. 135-378-5504-7287 through 7291 to Account No. 135-378-5504- xxxx (California Street - $90,000) and Account No. 135-378- 5504-xxxx (Hallmark Parkway - $204,000), leaving the remainder in Unreserved Fund 135 fund balance; and MOTION #3: That the Purchasing Manager be authorized to increase the project contingencies by $20,000 from $27,037 to $47,037. 6 03/03/2003 Parks, Recreation & Community Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order between the City of San Bernardino and Diversified Metal Fabricators, Inc. for the purchase of bleachers per RFP Bid Specification F03-021. (See Attached) (Cost to the City -- $38,500 from the Park Construction Fund.) Wards 1, 4 & 6 MOTION: That said resolution be adopted. Police 14. Resolution of the City of San Bernardino authorizing the execution of an agreement with the California Highway Patrol and the San Bernardino Police Department regarding the Cargo Theft Interdiction Program. (See Attached) (Cost to the City -- $96,815 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Water Department 15. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Easement Agreement with the City of Colton for power transmission lines. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR PUBLIC HEARING Development Services TO BE HEARD AT 4:00 P.M. 16. Public hearing - resolution ordering work - California Street and 16th Street Landscape Maintenance Assessment District No. 1029 - Tract No. 13822. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 6 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing at least fifty percent (50%) affirmative votes for the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping in the area of California Street and 16th Street, approving the Final Engineer's Report, creating an Assessment District to cover the costs of said maintenance, known as Assessment District No. 1029, ordering the work, confirming the 7 03/03/2003 2003-2004 Assessment Roll, and determining that the Special Assessment Investigation, Limitation, and Majority Protest Act of 1931 shall not apply. 16. Continued. MOTION: That the hearing relative to the formation of the California Street and 16th Street Landscape Maintenance Assessment District No. 1029, be closed; and that said resolution be adopted. END OF PUBLIC HEARING CONTINUED ITEMS City Attorney's Office CONTINUED FROM FEBRUARY 18, 2003 17. Conflicts of Interest Advisement. (Backup material was distributed on January 21, 2003, Item No. S2; continued to February 3, 2003, Item No. 15; continued to February 18, 2003, Item No. 24.) END OF CONTINUED ITEMS STAFF REPORTS City Clerk Heard at Le~islative Review Committee on February 20,2003 - Members Present: Council Members Lon~ville and Derry 18. An Ordinance of the City of San Bernardino amending Section 5.04.500 of the San Bernardino Municipal Code and adding Section 5.04.501 to the San Bernardino Municipal Code relating to discount malls and swap meets. (See Attached) FIRST READING MOTION: That said ordinance be laid over for final adoption. Council Office 19. Legislative Task Force Update. 8 03/03/2003 END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION ITEMS CONTINUED FROM JANUARY 27,2003 TO BE HEARD AT 4:00 P.M. R20. Public hearing - reallocation of Community Development Block Grant (CDBG) funds for Downtown "E" Street Median Project - award of construction contract and Old Towne Streetscape Plan. (Backup material was distributed on December 16, 2002, Item No. R33; item was continued to January 27, 2003, Item No.2.) (Cost to the Agency/City -- $350,000 from Community Development Block Grant Funds and from Gas Tax Funds.) Wards 1 & 2 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a contract to International Pavement Solutions, Inc. for the construction of the Downtown "E" Street Median Project. The hearing remains open. . . MOTION: That the matter be tabled. CONTINUED FROM FEBRUARY 3, 2003 R21. Covenant Development Agreement - Covenant Development Inc., and Amendment No. One to the Loan Agreement for the Verdemont Improvements. (Backup material was distributed on December 2,2002, Item No. R35 B & C; item was continued to January 6,2003, Item No. R19 A & B; item was continued to February 3,2003, Item No. R21 A & B.) Ward 5 A. A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Agency Executive Director to execute the Amendment No. I to the Loan Agreement for the Verdemont Improvements dated January 15, 1993 by and between the Redevelopment Agency and the City of San Bernardino which provides for the collection and distribution of certain development fees (from the Dr. Feldkamp predecessor to Covenant Development Inc., Bice and Glaziers properties) to fund the construction of the Verdemont Fire Station. (Resolution not available at time of printing.) 9 03/03/2003 (Item Continued on Next Page) R21. Continued. B. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the Mayor to execute the Amendment No. I to the Loan Agreement for the Verdemont Improvements dated January 15, 1993 by and between the Redevelopment Agency and the City of San Bernardino which provides for the collection and distribution of certain development fees (from the Dr. Feldkamp predecessor to covenant Development Inc., Bice and Glaziers properties) to fund the construction of the Verdemont Fire Station. (Resolution not available at time of printing.) MOTION: That the matter be tabled. R22. Tippecanoe Retail Project - Inland Valley Development Agency. (See Attached) (Cost to the Agency - unknown at this time.) Ward 3 MOTION: That the Community Development Commission of the City of San Bernardino authorize the Executive Director to execute the Operating Memorandum No. 2 dated March 3, 2003, by and between the Inland Valley Development Agency and the Redevelopment Agency of the City of San Bernardino together with such non-substantive changes as are approved by City Attorney. R23. A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Agency Executive Director to execute the Old Towne Single-Family Acquisition and Construction Grant Funding Agreement with Creative Housing Solutions, a non-profit organization (acquisition of vacant lots, development of new housing and possible relocation of district homes in Old Towne). (Resolution not available at time of printing.) Wards 1&2 MOTION: That the Community Development Commission of the City of San Bernardino accept and approve the Conceptual Beautification Action Team (BAT) Neighborhood Revitalization Strategy for the Old Towne San Bernardino Area, generally located between 6th 10 03/03/2003 and 9th Streets, F Street to the 1-215 (Central City North and Uptown Redevelopment Project Areas); and that said resolution be adopted. 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 I: 30 p. m., Monday, March 17, 2003, in the Council Chambers of City Hall, 300 North "D" Street. The public portion of the meeting will begin at 3:00 p.m. 11 03/03/2003 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. 12 03/03/2003