HomeMy WebLinkAbout11-03-2003 Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 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 11 & 12.)
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, Community Development
Commission, and the San Bernardino City Housing Authority
recess to closed session for the following:
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Luis Espinoza v. City of San Bernardino, Officer Pry, Officer Snyder -
San Bernardino Superior Court Case No. SCVSS 096647;
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I. Continued.
Ruby Howard v. City of San Bernardino & Does I through 100, Inclusive - San
Bernardino Superior Court Case No. SCVSS 095713;
People of the State of California by and through the Department of
Transportation v. Gary Kevin Darby, et al. - San Bernardino Superior Court
Case No. SCVSS 102449;
Morris Barnes, Jodie Basse v. City of San Bernardino, City of San
Bernardino Police Deparlment, Det. John Munoz, Unknown Male Det. 1
(li{:ht brown hair), Supervisor Law Enforcement Officer ({:ray hair, heavy
set), Supervisor Law Enforcement Officer (slim), Unknown female unifonned
officer (youn{: and Hispanic), Unknown male unifonned officer, Unknown
male Detective 2, Unknown male Detective 3, Unknown male Detective 4 -
United States District Courl Case No. EDCV 03-0130V AP (SGL).
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 of San Bernardino v. Allan Steward and Gil Lara
City v. San Manuel Band of Serrano Mission Indians
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. Negotiator:
Linn Livingston, Human Resources Director
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I. Continued.
Employee Organization:
San Bernardino City Professional Fire Fighters' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property:
247 W. Third Street
Negotiating Parties: Gary Van Osdel, Executive Director on
behalf of the Economic Development
Agency and Gerry Newcombe, Deputy
Administrative Officer, County of San
Bernardino
Under Negotiation: Purchase price, terms and conditions
CITY OF SAN BERNARDINO HOUSING AUTHORITY
CLOSED SESSION ITEMS
2. Property: 185 E. King Street (Vacant)
APN 0135-292-09
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the City of San Bernardino
Housing Authority, and Jess Reyes and
Milie Mendoza, property owners
Under Negotiation: Purchase price, terms and conditions
3. Property: 155 E. 2nd Street (Vacant Lot)
APN 0135-291-10
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the City of San Bernardino
Housing Authority, and Louis Salas,
property owner
Under Negotiation: Purchase price, terms and conditions
END OF CLOSED SESSION
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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
17, 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.
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6.
Council Minutes.
(See Attached)
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: October 6, 2003 (Distributed on 10/22/03)
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 20, 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 October 28, 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. Set dinner workshop for Monday, November 17, 2003 at 5:00 p.m. - Strategic
Education Services, state legislative services - EDA Boardroom. (See
Attached)
MOTION: That the Mayor and Common Council set a dinner workshop for
Monday, November 17, 2003, at 5:00 p.m. in the Economic
Development Agency Boardroom for a presentation by Strategic
Education Services, state representatives, regarding legislative
advocacy program for the upcoming year.
Development Services
10. Authorization for the Director of Development Services to execute Change
Order No. One 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 -- $6,500 from the Storm Drain
Construction Fund. ) Ward 3
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10. Continued.
MOTION: That the Mayor and Common Council authorize the Director of
Development Services to execute Change Order No. One in the
amount of $6,500.00 to contract with KC Construction for Phase
I Pavement Rehabilitation on Hospitality Lane between Carnegie
Drive and Gage Canal per Plan No. 10571.
II. Resolution of the City of San Bernardino approving Services Agreements with
AMEC Earth & Environmental, Inc., Converse Consultants, and Kleinfelder,
Inc. for provision of Professional Construction Material Testing Services. (See
Attached) (Cost to the City -- $90,000 [$88,000 from various capital project
accounts, and $2,000 from the General Fund]) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Bonadiman-McCain, Inc. for Timber Creek
improvements from East Twin Creek to 4,016.93' east per Plan No. 10069.
(Cost to the City -- $1,081,900 [$641,900 from the Storm Drain
Construction Fund and $440,000 reimbursement from IVDA]) (Document
and Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted; and that the Director of
Finance be authorized to amend the FY 03/04 budget for the
Timber Creek Stonn Drain Project to increase the revenue and
expenditure budgets by $190,000 in account numbers 248-000-
4651-7141 and 248-368-5504-7141 respectively to reflect the
IVDA additional share of the project costs.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to David T. Wasden, Inc. for 9th Street Storm Drain
improvements from W aterman Avenue to East Twin Creek Channel per Plan
No. 10676. (Cost to the City -- $328,000 from the Storm Drain
Construction Fund.) (Document and Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
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14. 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 establishing a four way stop at the intersection of
Pedley Road and Monterey Avenue. (See Attached) (Cost to the City -- $800
from the General Fund.) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
15. Establish parking restrictions on the west side of Waterman Avenue between
Gilbert Street and Sixteenth Street (See Attached) (Cost to the City -- $600
from the General Fund. ) Ward 2
A. 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
zone between the hours of 7:00 p.m. and 7:00 a.m. on the west side of
W aterman Avenue between Gilbert Street and Sixteenth Street, except
from one-hundred sixty feet south of Evans Street to one-hundred feet
north of Evans Street. (Resolution not available at time of printing.)
B. Resolution of the City of San Bernardino amending Resolution No. 8234
entitled, in part, "A Resolution.. .establishing parking time limitations
upon certain designated streets, alleys, or portions thereof..." to establish
a two-hour parking limitation between the hours of 9:00 a.m. and 6:00
p.m. on the west side of Waterman Avenue between Gilbert Street and
Sixteenth Street, except from one-hundred sixty feet south of Evans
Street to one-hundred feet north of Evan Street. (Resolution not
available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
Police
16. Set Public Hearing for the Proposed Expenditures of Monies allocated from the
FY 200312004 Citizen's Option for Public Safety (COPS) funds. (See Attached)
MOTION: That the Mayor and Common Council set a public hearing for
4:00 p.m. on Monday, November 17, 2003, relative to the
proposed expenditure plan for the awarded Citizen's Option for
Public Safety (COPS) funding for FY 03/04.
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17. Set Public Hearing for the Proposed Expenditures of Monies allocated from the
FY 200312004 Local Law Enforcement Block Grant (LLEBG) funds. (See
Attached)
MOTION: That the Mayor and Common Council set a public hearing for
4:00 p.m. on Monday, November 17, 2003, relative to the
proposed expenditure plan for the awarded Local Law
Enforcement Block Grant (LLEBG) funding for FY 03/04.
END OF CONSENT CALENDAR
STAFF REPORTS
City Clerk's Office
18. 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). (Document not available at time of printing.)
MOTION: That the Mayor and Common Council confirm the need for
continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
Council Office
19. Legislative Task Force update.
20. Authorize the City Attorney's Office to provide legal advice to residents and/or
properly owners of the City of San Bernardino whose properly was damaged
or destroyed in the recent fires; authorization that lawyers who volunteer their
services to assist in this endeavor be coordinated through the Office of the City
Attorney. (Document not available at time of printing.)
Parks, Recreation & Community Services
21. Resolutions authorizing the Mayor to apply for grant funds under the provisions
of the 2002 Resources Bond Act (Proposition 40) for two programs: the
Roberti-Z'Berg-Harris Urban Open Space and Recreation Program and the Per
Capita Grant Program. (Document not available at time of printing.)
(Item Continued on Next Page)
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21. Continued.
A. Resolution of the City of San Bernardino authorizing the Mayor of the
City of San Bernardino or her designee to apply for grant funds for the
Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under
the provisions of the 2002 Resources Bond Act (Proposition 40).
(Resolution not available at time of printing.)
B. Resolution of the City of San Bernardino authorizing the Mayor of the
City of San Bernardino or her designee to apply for grant funds for the
Per Capita Program under the provisions of the 2002 Resources Bond
Act (Proposition 40). (Resolution not available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
END OF STAFF REPORTS
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11/03/2003
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, NOVEMBER 3,2003 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
22. Appeal of the Planning Commission's approval of Conditional Use Permit No.
03-18, a request to establish an RV repair, prep, and reconditioning center
within an existing commercial building, with RV parking and display outdoors,
located at 125 E. Club Center Drive in the CR-3, Commercial Regional, land
use district. (See Attached) Ward 3
Appellant:
Shaco, Inc.
333 S. Grand Avenue, Suite 2020
Los Angeles, CA 91356
Applicant:
La Mesa RV
7430 Copley Park Place
San Diego, CA 92111
Request/Location: Conditional Use Permit No. 03-18 is a request to expand the
existing La Mesa RV dealership located at 101 W. Redlands Boulevard into a
vacant commercial building located at 125 E. Club Center Drive in the CR-3,
Commercial Regional, land use district. The new facility will do repairing and
reconditioning of RVs, as well as indoor and outdoor RV displays.
Mayor to open the hearing . . .
(Item Continued on Next Page)
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22. Continued.
MOTION: That the Mayor and Common Council close the hearing and deny
the appeal and uphold the Planning Commission's approval of
Conditional Use Permit No. 03-18, based upon the Findings of
Fact contained in the Planning Commission Staff Report, subject
to Conditions of Approval and Standard Requirements.
END OF PLANNING ITEMS
COMMUNITY DEVELOPMENT COMMISSION
Heard by the Redevelopment Committee on October 9, 2003 - Committee
Members Present: Suarez and Estrada
R23. Transfer title of property owned by the Redevelopment Agency located at 247
West Third Street, APN 1986-01-03, to the County of San Bernardino to
accommodate future Courthouse expansion. (See Attached) Ward 1
MOTION: That the Community Development Commission authorize the
Redevelopment Agency to transfer title to the property located at
247 West Third Street ("Property") in the City of San Bernardino
to the County of San Bernardino with the following provisions:
(1) That the ultimate use of the property by the County be for the
construction of a new multiplex Central Courthouse only, (2)
That in the interim, the County may use such property for
temporary parking, and (3) That in the event the County fails to
initiate development of the new courthouse on the property by
January I, 2014, the property will revert back to Agency
ownership.
Heard by the Redevelopment Committee on October 9,2003 - Committee
Members Present: Suarez and Estrada
R24. Amendment No. I to the HOME Grant Agreement - TELACU I Housing-San
Bernardino, Inc. (Central City North Redevelopment Project Area) (Document
not available at time of printing.) Ward 1
(Item Continued on Next Page)
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R24. Continued.
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the Agency to
execute Amendment No. I to the HOME Grant Agreement by and between the
Redevelopment Agency and Telacu I Housing - San Bernardino, Inc., a
California nonprofit Corporation (6th and F Street Telacu Senior Housing Project
- Central City North Redevelopment Project Area.) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
R25. Conditional two (2) year contract extension - Diana L. Sanchez, Neighborhood
Initiative Program (NIP) Coordinator (Document not available at time of
printing.)
A Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the Agency to
execute the Amendment No.4 (two (2) year extension) to the Diana L. Sanchez,
Neighborhood Initiative Program (NIP) Coordinator Consultant Services
Agreement, subject to funding approval by the County of San Bernardino NIP
Program. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
26. 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.)
27. 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 17, 2003, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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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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