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HomeMy WebLinkAbout04-21-2003 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 21,2003 - 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 13-15.) 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): David M. Sanborn v. Avila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; 1 04/21/2003 1. Continued. 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); Shirley J. Goodwin v. City of San Bernardino, et al. - United States District Court Case No. EDCV 96-66 R T (V APx); Avila Construction v. City, et al. - San Bernardino Superior Court Case No. EDCV 01-0582 V AP (SGL); Ruby Howard v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 095713. 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. Freddie Curlin, Valerie Pope-Ludlam, Eddie Negrete, Al Stewart and Gil Lara D. Closed Session - personnel - pursuant to Government Code Section 54957. Appointment Human Resources Director 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 (Item Continued on Next Page) 2 04/21/2003 1. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: HUB Properties Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and 0281-081-08 Raymond M. Tucker Living Trust 0281-081-09 Douglas R. Nelson 0281-081-10 Jimmy R. Wiley 0281-081-11 Julio D. Rodriguez, Anthony Rodriguez 0281-081-12 Seng Kin Yeo 0281-081-13 Robert A. Lester, Ivy Y. Lester 0281-081-14 Estefani Liaou 0281-081-16 Francisco Perpuly 0281-081-17 Oscar Miranda, Jose Miranda 0281-081-18 ReillY W. Shelton, Betty J. Shelton 0281-081-19 Kam Mie Nanney-Wong 0281-081-20 Kam Mie Nanney-Wong 0281-082-01 Juan P. Trujillo, Consuelo Y. Trujillo 0281-082-02 Juan P. Trujillo, Consuelo Y. Trujillo 0281-082-03 Pomona First Federal Under Negotiation: Purchase price, terms & conditions 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 (Item Continued on Next Page) 3 04/21/2003 1. Continued. 3. 4. 5. 6. Property Address: APN 0281-083-08 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Harold Luke, property owner Under Negotiation: Purchase price, terms & conditions Property Address: APN 0281-081-01,0281-081-02, 0281-081-03 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Cecilia Moreno, property owner and Robert Newman, property owner Under Negotiation: Purchase price, terms & conditions Property Address: APN 0281-082-27,0281-082-28 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Kresten Jakobsen, property owner Under Negotiation: Purchase price, terms & conditions Property Address: APN 0281-091-39 Negotiating Parties: Gary Van Osdel, Director, on behalf Redevelopment Agency L. L. c., property owner Executive of the and JAKS, Under Negotiation: Purchase price, terms & conditions END OF CLOSED SESSION 4 04/21/2003 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Senior Affairs Commission - William Nation - Mayor Valles. (See Attached) MOTION: That the appointment of William Nation to the Senior Affairs Commission, as requested by Mayor Valles, be approved. 3. Presentations. A. Employee of the Year Award. B. Service Pin A wards 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. 5 04/21/2003 6. Council Minutes. MOTION: That the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 17, 2003 (Distributed on 4/8/2003) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 1, 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 April 16, 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 Attorney LAID OVER FROM APRIL 7,2003 9. An Ordinance of City of San Bernardino Amending Section 5.04.497 of the San Bernardino Municipal Code relating to seizure and hearings regarding transient vendor merchandise. FINAL READING (Backup material was distributed on April 7, 2003, Item No. 20.) MOTION: That said ordinance be adopted. LAID OVER FROM APRIL 7,2003 10. An Ordinance of the City of San Bernardino Amending Certain Sections in Chapter 2.46 of the San Bernardino Municipal Code Entitled Disaster Council. FINAL READING (Backup material was distributed on April 7,2003, Item No. 23.) MOTION: That said ordinance be adopted. 6 04/21/2003 Development Services 11. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to New West Signal, for traffic signal modification at Kendall Drive and University Parkway, per Plan No. 10298. (See Attached) (Cost to the City -- $184,000 from the Traffic Systems Construction Fund (CMAQ) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2002-2003 CIP Budget and increase expenditure Account No. 250-370-5504-7176 (traffic signal/dual left-turn lanes - University and Kendall) by $79,000 and revenue Account No. 250-000-4658 (Federal Aid) in a corresponding amount of $79,000 to reflect the portion of the project to be paid with CMAQ funding; and, transfer $27,000 from Account No. 250-370-5504-7076 (various traffic system upgrades) to Account No. 250-370-5504-7176 (traffic signal/dual left-turn lanes - University and Kendall). 12. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to KC Construction for Phase I pavement rehabilitation on Hospitality Lane between Carnegie Drive and Gage Canal, per Plan No. 10571. (See Attached) (Cost to the City - $123,000 from the Stonn Drain Construction Fund.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted; and that the Mayor and Common Council authorized the Director of Finance to amend the FY 2002/03 budget to create Account No. 248-368-5504-7302 (Phase I Pavement Rehabilitation on Hospitality Lane between Carnegie Drive and Gage Canal) for $123,000 from the unappropriated Storm Drain Construction Account. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Engineering Resources of Southern California, Inc. for Professional Engineering Services for the design of proposed replacement of sanitary sewer lines in Grant Avenue, from "I" Street to Bunker Hill; in 3rd Street, from "G" Street to 4th Street; and in Sepulveda Avenue, from 4th Street to 5th Street. (See Attached) (Cost to the City -- $46,500 from the Sewer Line Construction Fund.) (Resolution not available at time of printing.) Wards 1&3 MOTION: That said resolution be adopted. 7 04/21/2003 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Ranco Corporation for construction of ADA access ramps and sidewalks at various locations per Plan No. 10600. (See Attached) (Cost to the City -- $100,000 from the % Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Wards 1,2,3,4&5 MOTION: That said resolution be adopted. 15. 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 of Vehicles Exceeding a Maximum Gross Weight Limit of Five Tons zone on both sides of Fourth Street between Foothill Boulevard/Fifth Street and Mount Vernon Avenue. (See Attached) (Cost to the City -- $2,000 from the General Fund.) (Resolution not available at time of printing.) Wards 1&3 MOTION: That said resolution be adopted. 16. 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 authorizing the installation of a two-way stop at the intersection of Thirty-third Street and Mayfield Avenue. (See Attached) (Cost to the City -- $500 from the General Fund.) Ward 7 MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Grant Deed for the sale of City-owned property generally located north and south of Orange Show Road, west of Waterman Avenue in the City of San Bernardino. (See Attached) (No cost to the City.) (Resolution not available at time of printing.)Ward 3 MOTION: That said resolution be adopted; and that the Director of Development Services be authorized to re-advertise for bids for City-owned property located at the southeast corner of Orange Show Road and Amos Avenue (Parcel Two). 8 04/21/2003 Human Resources 18. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Twelve and Fourteen, entitled in part, "A Resolution ... establishing a basic compensation plan. . ." by updating information codifying prior Council action (Management/Confidential and Unclassified). (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the annual purchase order to Precision Cold Planing Company to supply cold milling services for roadway pavement rehabilitation for use by the Public Services Department. (See Attached) (Cost to the City -- $15,400 from the Gas Tax Fund.) Wards 2,5,6&7 MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the annual purchase orders to Matich Corporation and/or Vulcan Materials/Cal Mat Division to supply materials for roadway pavement rehabilitation for use by the Public Services Department. (See Attached) (Cost to the City -- $189,457 from the General Fund.) Wards 2,5,6&7 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to transfer $54,800 from 129-367-5504-7296 (34th/ Stoddard/Mt. View) to 129-367-5504-7345 (Public Services various routine street repairs). 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Fairview Ford for sixteen (16) Year 2003 Ford Crown Victoria Police Interceptors; and authorizing the Purchasing Manager to solicit lease-purchase rate quotes and award a lease- purchase to the lowest responsible leasing company. (See Attached) (Cost to the City -- $412,144.64 from the Motor Pool Fund.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 9 04/21/2003 COMMITTEE CONSENT Recommended for approval at the Special Grants Committee on April 1, 2003 - Committee Members present: McCammack and Anderson Fire 22. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application to the Federal Emergency Management Agency (FEMA) in the amount of $210,600 to purchase defibrillators. (See Attached) (Cost to the City -- $63,180 match funding required, if $147,420 FEMA grant awarded) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of a Funding Request Form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction activities. (See Attached) (No cost to the City -- $53,511 in grant funds requested.) All Wards MOTION: That said resolution be adopted. 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of 200312004 Used Oil Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. (See Attached) (No cost to the City -- $58,505 in grant funds requested.) All Wards MOTION: That said resolution be adopted. Referred to Mayor and Common Council by the Le~islative Review Committee on April 8, 2003 - Committee Members present: Lon~ville and Derry Development Services 25. Authorize initiation of a Development Code Amendment pertaining to second units. (See Attached) (Cost to the City - $2,000 from the General Fund.) All Wards MOTION: That the Mayor and Common Council direct the Planning Division to initiate an amendment to the Development Code pertaining to second units. 10 04/21/2003 26. Item Deleted. Referred to Mayor and Common Council by the Ways and Means Committee on April 9, 2003 - Committee Members present: McCammack and Derry 27. Request for waiver of fees - Central City Lutheran Mission's "Run for the Children". (See Attached) Ward 1 MOTION: That $620 be transferred from the FY 2002/03 civic and promotion account to the Police departmental account as listed in the staff report from Fred Wilson, dated April 14, 2003; that a refund of $211.25 be authorized to the Central City Lutheran Mission for prior payment of insurance; and that a waiver of fees for the use of City personnel and equipment to assist the Central City Lutheran Mission in their "Run for the Children" event scheduled for May 3, 2003, be approved. END OF COMMITTEE CONSENT CONTINUED ITEMS City Attorney LAID OVER FROM APRIL 7,2003 28. An Ordinance of City of San Bernardino amending Section 9.90.010(A) of the San Bernardino Municipal Code relating to authority to arrest and issue citations. FINAL READING (Backup material was distributed on April 7, 2003, Item No. 21.) MOTION: That said ordinance be adopted. Police CONTINUED FROM APRIL 7, 2003 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Chief of Police to execute a Memorandum of Understanding (MOU) agreement with the California Highway Patrol, San Bernardino Area, regarding drug investigations originated by the California Highway Patrol. (Backup material was distributed on April 7,2003, Item No. 18.) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS 11 04/21/2003 STAFF REPORTS City Attorney 30. Report on cases closed by City Attorney between January 1, 2002 through December 31, 2002. END OF STAFF REPORTS PLANNING ITEMS CONTINUED FROM APRIL 7, 2003 31. Findings of Fact for denial of General Plan Amendment No. 02-08 - to change the land use designation of approximately 6,750 square feet from RU -1, Residential Urban, to CG-l, Commercial General - location for the proposed amendment is on the south side of 9th Street, approximately 77 feet east of Medical Center Drive. (No cost to the City.) (See Attached) Ward 1 MOTION: That the Mayor and Common Council adopt the Findings of Fact supporting denial of General Plan Amendment No. 02-08. END OF PLANNING ITEMS 12 04/21/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, APRIL 21,2003 - 7:00 P.M. PRESENT: ABSENT: COMMUNITY DEVELOPMENT COMMISSION ITEMS CONTINUED FROM APRIL 7, 2003 TO BE HEARD AT 7:00 P.M. R32. Public hearing - Amendment to 1993 City/Agency Verdemont Loan Agreement and public hearing to consider a proposed increase to the Verdemont Infrastructure Fee (VIF). (Backup material distributed on April 7, 2003, Item No. R33.) Ward 5 A. Resolution of the Mayor and Common Council of the City of San Bernardino revising Section 1 of Resolution No. 95-40 relating to the amount of an infrastructure fee to be levied for right-of-way improvements and/or public improvements within the Verdemont Area, and adopting the Fourth (4th) Amendment to the Engineer's Report. B. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the Mayor, or her designee, to execute Amendment No.1 to the January 15, 1993 Verdemont Loan Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino. C. A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Agency Executive Director to execute Amendment No. 1 to the January 15, 1993 Verdemont Loan Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A-C, be adopted. 13 04/21/2003 TO BE HEARD AT 7:00 P.M. R33. Public hearing - Use of Community Development Block Grant (CDBG), Section 108 Loan, Emergency Shelter Grant (ESG), and Home Programs - 200312004 appropriations. (Documents not available at time of printing.) (Cost to the City -- $16,251,863 from CDBG, HOME, ESG and Section 108 funds.) Resolution of the Mayor and Common Council of the City of San Bernardino: (1) approving the CDBG Community Development Citizen Advisory Committee (CDCAC) and Redevelopment Committee's recommendations in Attachment I; (2) approving the Home and Emergency Shelter (ESG) Grant allocations; (3) authorizing the Mayor to execute and submit to HUD all documents and to take all necessary actions to implement the City's consolidate plan and 2003/2004 Annual Action Plan, including the submittal of a Section 108 Loan to HUD, the preparation and execution of agreements with public services agencies. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. R34. Resolution of the Community Development Commission of the City of San Bernardino, California, approving an Education Revenue Augmentation Fund loan from Community Low and Moderate Income Housing funds and promissory notes from Redevelopment Project Areas, and authorizing execution thereof. (See Attached) (Cost to the City -- $622,600 from Low & Moderate Income Housing Fund.) MOTION: That said resolution be adopted. R35. Resolution of the Community Development Commission of the City of San Bernardino (1) approving the sale of Tuscany Apartments ("Project") to MG Tuscany Apartments, L.P.; (2) approving execution of certain amendments to the Indenture and Loan Agreement relating to $7,000,000 Redevelopment Agency of the City of San Bernardino 1996 Multi-Family Housing Revenue Bonds; (3) approving execution of an Assumption Agreement related to the sale of the Project; (4) appointing Bond Counsel in connection with the sale of the Project; and (5) authorizing distribution of a Supplement to the Placement Memorandum relating to the Bonds. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 14 04/21/2003 R36. San Bernardino Economic Development Agency Resolution authorizing an Amendment to the Contract. (See Attached) MOTION: That said resolution be adopted. R37. Resolution of the Community Development Commission of the City of San Bernardino, California, approving Amendment No.1 to the Loan Agreement, and authorizing execution thereof, between the Redevelopment Agency and the San Bernardino Symphony. (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 38. 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.) 39. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday, May 5, 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. 15 04/21/2003 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. 16 04/21/2003