HomeMy WebLinkAbout01-07-2002Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, JANUARY 7, 2002 - 8:00 A.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 11-13.)
CALL TO ORDER:
PRESENT:
ABSENT:
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- existing litigation - pursuant
to Government Code Section 54956.9(a):
Jaime Alvarez, et al. v. City of San Bernardino - United
States District Court Case No. CV 00-03048;
Stubblefield Construction Company, et al. v. City of San
Bernardino, et al. - San Bernardino Superior Court Case No.
SCV 252058;
(Item Continued on Next Page)
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01/07/2002
1. Continued.
Richard P. Avila, an individual, Avila Construction, Inc., a
California Corporation, v. Mike Grubbs, an individual, Ray
Casey, an individual, James Funk, an individual, et al. - San
Bernardino Superior Court Case No. SCVSS 084862.
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.
Negotiator:
Fred Wilson, City Administrator
Negotiating Parties:
Police Managers
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
1.
Property Address:
APN 0261-191-06
Negotiating Parties:
Fred Wilson, on behalf of the
City and Gary Van Osdel on
behalf of the Redevelopment
Agency and Beamco, Lt.
Under Negotiation:
Purchase, terms & conditions
(Item Continued on Next Page)
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01/07/2002
1. Continued.
2.
Property Address:
HUB Properties
Negotiating Parties:
Gary Van Osdel for the Redevelopment Agency
and
Cecilia Moreno
Cecilia Moreno
Cecilia Moreno
Janice S. Casey
Gina Ramirez
Gerry C. Politano & Lea G. Politano
Cruz Avila & Leonor Avila
Ronnie E. Searcy & Susan Ann Searcy
Jose T. Castaneda & Brenda Castaneda
Anthony Grgec & Gloria E. Grgec
Anthony Grgec & Gloria E. Grgec
Angelina Rodriguez Coeur
Alta J.Moffitt
Charles L. Brown
Elisa L. Gurrola & Evangelina L. Montez
Juan P. Trujillo & Consuelo Y. Trujillo
Chia-Ping Hwang & Mei Fan Hwang
Enrique Villapando & Mary Villapando
West End Investments
Kreten Jakobsen & Rebecca G. Jakobsen
Kreten Jakobsen & Rebecca G. Jakobsen
Neil Calvin Hansen, Jr. & Sandra Kay
Hansen
Ronald Norris & Phyllis Norris
David V. Kon, Trustee
David V. Kon, Trustee
Juan P. Trujillo & Consuelo Y. Trujillo
Roberto O. Betancourt & Rita M. Betancourt
Pedrito B. Tongpo & Perida I. Tongpo
Pedrito B. Tongpo & Perida I. Tongpo
Henry W. Shelton & Betty J. Shelton
George R. Hallock & Janet Knickerbocker
Altegra Credit Co
Blue Diamond Unlimited, Inc
Henry W. Shelton & Betty J. Shelton
Vibhakerbhai B. Patel & Vimalaben Patel
Alfred Anthony Simental
L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Henry W. Shelton & Betty J. Shelton
Henry W. Shelton & Betty J. Shelton
0281-081-01
0281-081-02
0281-081-03
0281-081-04
0281-081-05
0281-082-05
0281-082-06
0281-082-07
0281-082-08
0281-082-09
0281-082-10
0281-082-11
0281-082-12
0281-082-13
0281-082-14
0281-082-15
0281-082-16
0281-082-17
0281-082-26
0281-082-27
0281-082-28
0281-082-29
0281-082-30
0281-082-32
0281-082-33
0281-082-34
0281-082-35
0281-082-36
0281-082-37
0281-082-38
0281-082-39
0281-082-40
0281-082-41
0281-082-55
0281-082-57
0281-083-01
0281-083-02
0281-083-04
0281-083-05
0281-083-06
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01/07/2002
1. Continued.
0281-083-07
0281-083-08
0281-083-09
0281-083-10
0281-083-11
0281-083-12
0281-083-13
0281-083-14
0281-083-15
0281-083-16
0281-083-17
0281-083-18
0281-083-20
0281-091-39
Leo Rittenhouse
Harold P. Luke & Chintana V. Luke
J. C. Hancock & Lorean Hancock
Henry W. Shelton & Betty J. Shelton
Victor M. Castillo
Fern I. Kopitzke, Trustee
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Under Negotiation: Purchase terms & conditions
END OF CLOSED SESSION
4
01/07/2002
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
4. Announcemen ts by Mayor and Common Council.
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, su pplemen tal and addend urn to the
su pplemen tal agendas of the Mayor and Common
Council/Community Development Commission be
waived.
6.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
December 28, 2001 from Barbara Pachon, Director of
Finance, be approved.
7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief
Examiner dated December 26, 2001, 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.
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01/07/2002
Animal Control
8. An ordinance of the City of San Bernardino amending Title Six of
the San Bernardino Municipal Code relating to animals. FINAL
READING (Backup material was distributed on December 17,
2001, Item No. 34.)
MOTION: That said ordinance be adopted.
City Administrator
9. Authorize submittal of a grant application in the amount of
$24,000 for the Mobile Source Air Pollution Reduction Review
Committee for the "Rideshare to Rails" Commuter Rail Station
Rideshare Incentive Program. (See Attached) (No direct cost to
City - up to $8,500 in in-kind services.) Ward 1
MOTION: That the Mayor and Common Council approve
submission of the grant application.
Code Compliance
10. Authorize a budget amendment to allow reimbursement from the
Economic Development Agency to the Code Compliance budget to
reflect the Agency's contribution to the Los Padrinos Services
Agreement. (See Attached) (No net impact to the General
Fund.) All Wards
MOTION: That the Mayor and Common Council authorize the
Finance Director to amend the FY 2001-2002 adopted
budget and increase Code Compliance Department
budget by $166,700 and Economic Development
Agency revenue reimbursement in a corresponding
amount to reflect the contract/abatement costs to be
reimbursed with CDBG funds.
Development Services
11. Resolutions awarding contracts for various Landscape
Maintenance Assessment Districts. (Cost to the City --
$1,669.15 from the General Fund; $244,162.99 maintenance
costs to be reimbursed through the Assessment Rolls.)
Wards 1, 3, 4, 5 & 6
(Item Continued on Next Page)
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01/07/2002
11. Continued.
A. Resolution of the City of San Bernardino awarding a contract
to Golden West Landscape Contractor for the maintenance of
landscaping in Assessment District Nos. 976, 991, 997,1017
& 1025 (Area "A"). (Resolution not available at time of
printing.) Ward 5
B. Resolution of the City of San Bernardino awarding a contract
to Trugreen Landcare for the maintenance of landscaping in
Assessment District Nos. 951, 952, 1002 & 1019 (Area "B").
(Resolution not available at time of printing.) Ward 5
C. Resolution of the City of San Bernardino awarding a contract
to D.M.S. Landscape Services for the maintenance of
landscaping in Assessment District No. 959 (Area "C").
(Resolution not available at time of printing.) Ward 5
D. Resolution of the City of San Bernardino awarding a contract
to D.M.S. Landscape Services for the maintenance of
landscaping in Assessment District No. 982 (Area "D").
(Resolution not available at time of printing.) Ward 4
E. Resolution of the City of San Bernardino awarding a contract
to Trugreen Landcare for the maintenance of landscaping in
Assessment District Nos. 993 & 1005 (Area "E").
(Resolution not available at time of printing.) Ward 6
F. Resolution of the City of San Bernardino awarding a contract
to R P Landscape and Irrigation for the maintenance of
landscaping in Assessment District No. 953 (Area "F").
(Resolution not available at time of printing.) Ward 6
G. Resolution of the City of San Bernardino awarding a contract
to R P Landscape and Irrigation for the maintenance of
landscaping in Assessment District Nos. 974, 975, 981, 986,
989, 1001, 1007, 1012 & 1020 (Area "G"). (Resolution not
available at time of printing.) Ward 3
H. Resolution of the City of San Bernardino awarding a contract
to Trugreen Landcare for the maintenance of landscaping in
Assessment District Nos. 956, 968, 1016, 1023 & 1027 (Area
"H"). (Resolution not available at time of printing.)
Wards 1 & 3
(Item Continued on Next Page)
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01/07/2002
11. Continued.
I. Resolution of the City of San Bernardino awarding a contract
to Trugreen Landcare for the maintenance of landscaping in
Assessment District No. 1024 (Area "I"). (Resolution not
available at time of printing.) Ward 3
MOTION: That said resolutions A-I, be adopted.
12. Determination of public convenience or necessity for a Type 47
Liquor License for an existing sports bar/pool room/restaurant
located at 194 W. Club Center Drive, No A. (See Attached)
Ward 3
MOTION: That the Mayor and Common Council make a
determination that the public convenience or necessity
is served and direct the Developmen t Services
Departmen t to send a letter to the Department of
Alcoholic Beverage Control for a Type 47 (on-sale
General - Eating Place) license for an existing sports
bar/pool room/restaurant located at 194 West Club
Center Drive, No. A.
13. Reject all bids for the seismic retrofit of the five-level parking
structure, and direct staff to rebid the project. (See Attached) (No
cost to the City.) Ward 1
MOTION: That the Mayor and Common Council reject all bids for
the seismic retrofit of the five-level parking structure
and direct staff to rebid the project as described in the
staff report dated December 18, 2001, from James
Funk, Director of Development Services.
14. Resolution of the Mayor and Common Council of the City of San
Bernardino approving a Freeway Agreement and a Memorandum of
Understanding with the State of California, Department of
Transportation (Caltrans) for the right-of-way acquisition and
construction of the State Route 215 Freeway. (See Attached) (No
cost to the City.) Wards 5 & 6
MOTION: That said resolution be adopted.
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01/07/2002
15. Resolution of the Mayor and Common Council of the City of San
Bernardino approving a Freeway Agreement and a Memorandum of
Understanding (MOU) with the State of California, Department of
Transportation (Caltrans) for the right-of-way acquisition and
construction of the State Route 210 Freeway westerly of "H"
Street. (See Attached) (No cost to the City.) Wards 5 & 6
MOTION: That said resolution be adopted.
Facilities Manae:ement
16. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a contract with Lawrence
W. Rosine Co. for the installation of a tarkett gymnasium floor at
the San Bernardino Boys' and Girls' Club in the amount of
$53,900.00 (See Attached) (Cost to the City -- $58,900 [$50,000
from County CDBG funds, and $8,900 from the General Fund.)
(Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted; and that the Director
of Finance be authorized to amend the FY 2001-02
Facilities Management budget to increase the
expenditure Account No. 001-325-5505 by $50,000
and increase the corresponding revenue Account No.
001-000-4651 by $50,000 to reflect reimbursement to
be received from the County of San Bernardino.
Police
17. Resolution of the City of San Bernardino approving the destruction
of certain obsolete records by the San Bernardino Police
Department. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Public Services
18. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing an increase to the annual purchase order
to Matich Corporation and Vulcan MaterialsjCal Mat Division, to
supply materials for roadway pavement repairs utilized by the
Public Services Street Division. (See Attached) (Cost to the City --
$110,000 from the General Fund.) (Resolution not available at
time of printing.)
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01/07/2002
18. Continued.
MOTION: That said resolution be adopted; and that the Director
of Finance be authorized to amend the FY 2001-2002
budget and transfer $30,000 from Account No. 001-
402-5502, Professional/ Contractual to Account No.
001-402-5111, Materials and Supplies.
19. Resolution of the Mayor and Common Council of the City of San
Bernardino for ratification of a grant application to help fund a
public access LNG/LCNG fueling facility. (See Attached) (Grant
application requests funding in the amount of $143,208.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
STAFF REPORTS
Council Office
20. League of California Cities Legislative Task Force Update.
Mavor's Office
21. Resolution of the Mayor and Common Council of the City of San
Bernardino opposing the fueling operations of the Omnitrans
Facility at 1700 West 5th Street and demanding that such facility
be relocated to an area safely away from residential property.
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
22. Luncheon closed session - 12 noon in the MIC Room, Sixth Floor
City Hall -- pursuant to Government Code Section 54956.9(a)
existing litigation for the following case:
Cit1j of San Bernardino Municipal Water Department v. The United
States Department of the Arm1j - United States District Court Case
No. CV 96-8867 consolidated with CV 96-5205.
END OF STAFF REPORTS
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01/07/2002
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, JANUARY 7, 2002 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R23. Public hearing - sale of certain real properties to the San
Bernardino City Unified School District.
A. Resolution of the Community Development Commission
approving and authorizing the Redevelopment Agency of the
City of San Bernardino to sell certain vacant parcels located
at 9th & Del Rosa (AP#278-061-54, 68, 74 & 75; 278-201,
30, 31, 32, 33 & 34); and certain other vacant parcels
located on 20th Street between Arden and Guthrie (2241,
2251,2261,2271,2291,2311,2321,2331,2371,2381 and
2391 20th St.), collectively herein after referred to as the
Properties.
B. Resolution of the Mayor and Common Council of the City of
San Bernardino acknowledging receipt of that certain 33433
Summary Report and consenting to the sale of the properties
(9th/Del Rosa -AP#278-061-54, 68, 74, & 75; 278-201-30,
31, 32, 33 & 34) and certain other vacant parcels located on
20th Street between Arden and Guthrie (2241, 2251, 2261,
2271, 2291, 2311, 2321, 2331, 2371, 2381 and 2391 20th
Street) by the Redevelopment Agency of the City of San
Bernardino to the San Bernardino City Unified School
District and acknowledging receipt of a report relating to the
sale of said properties.
Mayor to open the hearing . . .
MOTION: That the hearing be continued to January 22,
2002.
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01/07/2002
R24. Resolution of the Community Development Commission of the City
of San Bernardino referring certain additional properties to the
Inland Valley Development Agency for acquisition pursuant to that
certain 1999 Redevelopment Cooperation Agreement, dated July
12, 1999, regarding the HUB Project and approving other actions
in connection therewith. (See Attached) Ward 3
MOTION: That said resolution be adopted.
R25. Resolution of the Community Development Commission
authorizing the Agency Chairperson, or his/her designee, to
execute the Home Grant Agreement in the amount of $300,000 by
and between the Redevelopment Agency and Telacu Housing-San
Bernardino, Inc., a California non-profit corporation (the
"Developer")- Senior Housing Development at 602-666 West 6th
Street, (Central City North Redevelopment Project Area). (See
Attached) Ward 1
MOTION: That said resolution be adopted.
R26. Resolution of the Community Development Commission of the City
of San Bernardino ( 1) approving and authorizing the Agency
Chairperson, or its designee, to execute the 2002 Home
Community Housing Development (CHDO) Loan Agreement by and
between the Redevelopment Agency and Frazee Community Center
related to Frazee's Affordable Housing Program in the north Arden
Guthrie area and (2) authorizing the Agency to accept title from
Frazee for the properties located at 2094 & 2104 McKinley and
2 141 Dum barton and to demolish im provemen ts on said
properties. (See Attached) Wards 2 & 7
MOTION: That said resolution be adopted.
R27. Development of Agency owned land located at northeast corner of
California & 16th Streets -- Century Crowell Communities
Northwest Redevelopment Project Area. (See Attached) Ward 6
(Item Continued on Next Page)
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01/07/2002
R27. Continued.
(Community Development Commission)
A. Resolution of the Community Development Commission of
the City of San Bernardino approving and authorizing the
Agency Chairperson, or its designee, to execute an
amendment ("Amendment No.2") to the that certain
Disposition and Development Agreement dated July 19,
1999, (The "DDA") and subsequently amended on December
4, 2000, by and between the Redevelopment Agency and
Century Crowell Communities, L.P., ("Developer")
Development of 38 parcels located within the Northwest
Redevelopment Project Area.
(Mayor and Common Council)
B. Resolution of the Mayor and Common Council of the City of
San Bernardino (1) acknowledging receipt of a Summary
Report relating to the proposed Amendment No.2 to that
certain Disposition and Development Agreement dated July
19, 1999 and subsequently amended on December 4, 2000,
by and between the Agency and Cen tury Crowell
Communities, L.P., ("Developer"), and (2) authorizing the sale
by the Redevelopment Agency of the 38 parcels located at the
Northeast corner of California and 16th Streets to the
Developer-Northwest Redevelopment Project Area.
MOTION: That said resolutions, A & B, be adopted.
28. 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
Developmen t 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.)
29. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Tuesday, January 22, 2002, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
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01/07/2002
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 Developmen t 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
pu blic.
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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01/07/2002