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HomeMy WebLinkAbout06-16-2003 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JUNE 16, 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 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): California Bio- Mass v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 083473; Shirley J. Goodwin v. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-66 R T (V APx). 1 06/16/2003 1. Continued. 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. Allan Steward and Gil Lara 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. Fire Negotiation Issue G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: APN 0139-071-05 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Johnnie L. Davis and Lucille O. Davis, property owners Under Negotiation: Purchase price, terms & conditions (Item Continued on Next Page) 2 06/16/2003 1. Continued. 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 END OF CLOSED SESSION 3 06/16/2003 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 31, 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, be approved as submitted in typewritten form: May 19, 2003 (Distributed on 6/6/03) 4 06/16/2003 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 10,2003, 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 June 10, 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 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 200312004. (See Attached) (Reimbursement to various City accounts -- $935,600.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino stating the City's intention to grant a franchise to the Southern California Gas Company. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Attorney LAID OVER FROM JUNE 2, 2003. 11. Ordinance of the City of San Bernardino amending Section 8.68.010 of the San Bernardino Municipal Code relating to aerosol containers and certain marker pens inaccessible to public to include etching cream. FINAL READING (Backup material was distributed on June 2,2003, Item No. 18.) MOTION: That said ordinance be adopted. 5 06/16/2003 Code Compliance 12. Resolution of the City of San Bernardino authorizing execution of a Services Agreement in the amount of $488,000 with Los Padrinos, Youth Services Inc., a non-profit organization, for Fiscal Year 2003-2004. (See Attached) (Cost to the City -- $488,000 [$264,000 from Community Development Block Grant funds, and $224,000 from the General Fund.) All Wards MOTION: That said resolution be adopted. Development Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Centner Construction Company for the ADA restroom rehabilitation at Blair Park and Perris Hill Park, per Plan No. 10353. (See Attached) (Cost to the City -- $80,000 from the Park Construction Fund.) (Resolution not available at time of printing.) Wards 2&5 MOTION: That said resolution be adopted. 14. Resolutions authorizing the execution of a Cooperative Agreement and Amendment No. 1 to the Cooperative Agreement with San Bernardino Associated Government (SANBAG) for design and construction of State Street Storm Drain between State Route 210 and Lytle Creek. (See Attached) A. Resolution of the City of San Bernardino authorizing the execution of a Cooperative Agreement between the City of San Bernardino and the San Bernardino Associated Governments (SANBAG) for State Street Storm Drain Project, Contract No.03-005. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino authorizing the execution of Amendment No. 1 to the Cooperative Agreement between the City of San Bernardino and the San Bernardino Associated Governments (SANBAG) for State Street Storm Drain Project, Contract No. 03-005. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 6 06/16/2003 15. Authorize the Development Services Director to execute Change Order Nos. Two and Three to contract with Matich Corporation for Laurelwood Drive realignment between Tippecanoe Avenue and Orchard Drive (Phase I) per Plan No. 10373, and authorize the Finance Director to amend the FY 2002/03 budget. (See Attached) (Cost to the City -- $262,869.97 from the Street Construction Fund. ) Ward 1 MOTION #1: That the Mayor and Common Council authorize the Director of Finance to amend the FY 2002/03 budget to transfer $129,500 from Account No. 126-369-5504-7306, "Slurry Seal at Various Locations," to Account No. 242-362-5504-7246, "Acquire Right of Way and realignment of Laurelwood Drive;" and MOTION #2: That the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Two in the amount of $232,036 and Change Order No. Three in the amount of $30,833.97 to the contract with Matich Corporation for Laurelwood Drive realignment between Tippecanoe Avenue and Orchard Drive (Phase I) per Plan No. 10373. 16. Authorize submittal of request for reimbursement to SANBAG for signing and striping of bicycle lanes for Phases I and II of City adopted Bicycle Facilities Master Plan, per Plan No. 10229. (See Attached) (Cost to the City $26,623.18 from the unallocated Gas Tax Fund.) Ward 7 MOTION #1: That the Mayor and Common Council authorize the Director of Finance to execute Exhibit "c" of claim requesting reimbursement in the amount of $30,853.45 in accordance with Article 3, PU C Section 99234a "Pedestrian and Bicycle Facilities" for signing and striping of bicycle lanes for Phases I and II of City Adopted Bicycle Facilities Master Plan, per Plan No. 10229; and MOTION #2: That the Mayor and Common Council authorize the Director of Finance to amend the FY 2002/03 budget to transfer $26,623.18 in unallocated gas tax funds to Account No. 122- 373-5504-7116, "Bikepath Valencia Avenue, Highland Avenue to 40th Street. " 7 06/16/2003 17. Reject all bids for underground (dry) utilities along the Laurelwood Drive realignment per Plan No. 10682. (See Attached) Ward 3 MOTION: That the Mayor and Common Council reject all bids for underground (dry) utilities along the Laurelwood Drive realignment per Plan No. 10682. 18. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 14604, located on the northeast corner of Ohio and Magnolia Avenues, accepting the public dedications as set forth on said map; and authorizing execution of the Standard Form of Agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. Economic Development A~ency LAID OVER FROM JUNE 2, 2003 19. An ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2003 Eminent Domain amendment to the Redevelopment Plan for the State College Redevelopment Project and adopting a negative declaration in accordance with the California Environmental Quality Act. FINAL READING (Backup material distributed on June 2,2003, Item No. R21.) Wards 5&6 MOTION: That said ordinance be adopted. Fire 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to renew the Agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2003 through June 30, 2004. (See Attached) ($250,000 in revenue to be received from County in FY 2003/2004.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 8 06/16/2003 Information Services 21. Authorize the Director of Finance to amend the FY 200212003 Information Services revenue and expenditure budgets as outlined in the staff report for the upgrade of the City's CAD/RMS/A VL system. (See Attached) (No net cost to the City.) MOTION: That the Mayor and Common Council authorize the Director of Finance to amend the FY 2002/03 Information Services' budget and increase Account No. 679-251-5702 by $150,000 to reflect expenditures that will be incurred related to the CAD/RMS/ A VL upgrade and to increase revenue Account No. 679-000-4901 by a corresponding amount of $150,000 to reflect the PSAP reimbursement that the City will receive from the State for this project. Parks, Recreation & Community Services 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an Agreement with the San Bernardino City Unified School District to furnish food service for the Summer Food Service Program for Youth. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 23. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute Amendment No.5 to the Agreement with San Bernardino City Unified School District, relating to delivery of breakfasts, snacks, and lunches to Delmann Heights Headstart Center. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 24. Resolution of the City of San Bernardino authorizing the execution of Amendment No. 13 to the Agreement between the City and Casa Ramona, Inc. relating to the operation of a drop-in center located at 1524 West 7th Street, San Bernardino, California, to extend the term of the agreement for an additional one year period. (See Attached) (Cost to the City -- $50,783 from the General Fund.) MOTION: That said resolution be adopted. 9 06/16/2003 Public Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an annual purchase order with four single year renewal options to POMA Distributing Company, Inc., for automotive, heavy truck and heavy equipment lubricants. (See Attached) (Cost to the City -- $40,000 from the Motor Pool Fund.) MOTION: That said resolution be adopted. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an annual purchase order, with three single year renewal options, to Star Auto Parts, for the purchase of automotive parts and supplies utilized by the Public Services Department Fleet Division. (See Attached) (Cost to the City -- $90,000 from the Motor Pool Fund.) MOTION: That said resolution be adopted. 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Great Western Leasing & Sales, Inc. for the furnishing and delivery of one (1) Slide Axle Tag Trailer to be utilized by the Public Services Street Division. (See Attached) (Cost to the City -- $29,524 from the Motor Pool Fund.) MOTION: That said resolution be adopted. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement between the City of San Bernardino and Trimble Navigation limited to engage in a pilot test of a vehicle locating system on ten City refuse trucks. (See Attached) (Cost to the City -- $15,273 from the Refuse Fund.) MOTION: That said resolution be adopted. 10 06/16/2003 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the City of San Bernardino and the City of San Bernardino Board of Water Commissioners ("Board") providing Harwood Technical Enterprises (H. T.E.) utility billing system use for the City's Refuse Division. (See Attached) (Cost to the City -- $34,760.88 from the Refuse Fund.) MOTION: That said resolution be adopted. 30. Reject all bids submitted in response to Bid No. F-04-003, new and recapped tires, tubes and related repair services; and authorize the Purchasing Manager to readvertise for bids for these services. (See Attached) MOTION: That the Mayor and Common Council approve a motion authorizing the rejection of all bids received in response to Bid No. F-04-003; and authorize the Purchasing Manager to readvertise for bids for these services. Water 31. Resolution of the Mayor and Common Council of the City of San Bernardino granting an easement to Southern California Edison through certain portions of Water Department property located at Foothill and Sterling in order to provide electric service to East Valley Water District's reservoir. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Committee on May 13, 2003 - Committee Members present: McCammack and Anderson 32. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of three project applications for the fourth funding cycle of the Safe Routes to School (SR2S) Program. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 11 06/16/2003 Recommended for approval at the Grants Committee on June 10, 2003 - Committee Members present: McCammack and Estrada 33. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a grant with the County of San Bernardino Pre-School Services Department and authorizing the Director of Parks, Recreation and Community Services Department to administer federal grants to continue the Head Start/Preschool Program at Delmann Heights Community Center for FY 2003-2004 beginning July 1, 2003 through June 30, 2004. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted Recommended for approval at the Ways and Means Committee on June 4, 2003 - Committee Members present: McCammack, McGinnis and Derry 34. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement between the City of San Bernardino and the More Attractive Community Foundation for the location and installation of youth sports figures. (See Attached) (Cost to the City -- $2,600 from various General Fund accounts.) Ward 5 MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS Development Services TO BE HEARD AT 4:00 P.M. 35. Public hearing - acceptance of oral bids and award of bids for sale of City property located at the southeast corner of Orange Show Road and Amos Avenue (Parcel Two - APN 0136-431-35). (See Attached) Ward 3 Mayor to open the hearing . . . MOTION #1: That the hearing relative to oral bids for the sale of City property located at the southeast corner of Orange Show Road and Amos Avenue (Parcel Two APN 0136-431-35) be closed; and (Item Continued on Next Page) 12 06/16/2003 35. Continued. MOTION #2: That the bid in the amount of $32,711 from William Doherty for Parcel Two be approved; or MOTION#3: That the oral bid (if any) in the amount of $ for Parcel Two be approved. from END OF PUBLIC HEARINGS STAFF REPORTS Council Office 36. Authorization to proceed with the renaming of State Street in honor of Norm Johnson. (See Attached) Ward 6 MOTION: That the Director of Development Services be authorized to proceed with the street name change of a ponion of State Street to Nonn Johnson Way, south of Highland Avenue to j1h Street, and that a public hearing to consider the matter be set for July 21, 2003, at 4:00 p. m. END OF STAFF REPORTS 13 06/16/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, JUNE 16, 2003 - 7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS TO BE HEARD AT 7:00 P.M. 37. Public hearing - Appeal No. 03-07, an appeal of the Planning Commission's determination that the four-plex located at 2176 N. McKinley Avenue in the PCR, Public Commercial Recreation land use district has lost its non- conforming status. (See Attached) Ward 7 Owner: Fairbanks Capital Corp. c/o Reid & Hellyer, APC 3880 Lemon Street, 5th Floor Riverside, CA 92502 Applicant: Dan Katz Reid & Hellyer, APC 3880 Lemon Street, 5th Floor Riverside, CA 92502 Request/Location: The applicant appealed a zoning verification determination that the property at 2176 N. McKinley (Exhibit 1) had lost its non-conforming status as a four-plex in the PCR, Public Commercial Recreation land use district. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's determination that the four-plex located at 2176 N. McKinley Avenue in the PCR, Public Commercial Recreation land use district has lost its non-conforming status, based upon the supporting data contained in the staff report, dated May 27, 2003, from James Funk, Director of Development Services. 14 06/16/2003 38. Reconsideration of Conditional Use Permit No. 02-10 and Variance No. 02-07 - proposed Wendy's Restaurant at the southeast corner of Rosewood and Tippecanoe Avenues. (See Attached) Ward 3 MOTION: That the Mayor and Common Council reconsider Conditional Use Permit No. 02-10 and Variance No. 02-07 and set the noticed public hearing on the Conditional Use Permit and Variance, including a reduction of the required number of parking spaces by two, for the Council Meeting on July 21,2003 at 7:00 p.m. COMMUNITY DEVELOPMENT COMMISSION ITEMS R39. A Resolution of the Community Development Commission of the City of San Bernardino awarding a contract to demolish buildings and site improvements at 1914 Tippecanoe Avenue (University Inn). (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 40. 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.) 41. Adjournment. MOTION: That the meeting be adjourned to 2:00 p.m., Thursday, June 19, 2003, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday, July 7, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 06/16/2003 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 06/16/2003