HomeMy WebLinkAbout02-04-2002Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, FEBRUARY 4, 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 13 & 14.)
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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02/04/2002
1. Continued.
California Bio-Mass, et al. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. 083473;
Redevelopment Agency of the City of San Bernardino, v.
Jaime Alvarez, et al. - San Bernardino Superior Court Case
No. SCVSS 086091.
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.
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
1.
Property Address:
Negotiating Parties:
HUB Properties
Gary Van Osdel for the Redevelopment Agency
and
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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
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02/04/2002
1. Continued.
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0281-083-20
0281-091-39
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
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
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02/04/2002
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 20, 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 um to the
su pplemen tal agendas of the Mayor and Common
Council/Community Development Commission be
waived.
6.
Council Minutes.
(See Attached)
MOTION: That the minutes of the following meeting of the Mayor
and Common Council/Community Development
Commission, be approved as submitted in typewritten
form:
January 25, 2002
(Distributed on 1/28/2002)
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02/04/2002
7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief
Examiner dated January 30, 2002, 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
8. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Professional Services
Agreement between Lewis, D'Amato, Brisbois & Bisgaard and the
City of San Bernardino to represent the City and employees in the
case of Richard P. Avila, et al. v. Mike Grubbs, et al. (See Attached)
MOTION: That said resolution be adopted.
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Professional Services
Agreement between Lewis, D'Amato, Brisbois & Bisgaard and the
City of San Bernardino and the Redevelopment Agency of the City
of San Bernardino to represent the City and RDA in the case of
Redevelopment Agency of the City of San Bernardino v. Jaime
Alvarez, et al. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Development Services
LAID OVER FROM JANUARY 22. 2002
10. An Ordinance of the City of San Bernardino amending Section
19.06.020 of the San Bernardino Municipal Code (Development
Code) to add permitted uses in the CR-l, Commercial Regional-
Malls land use district. FINAL READING (Backup material was
distributed on October 15, 2001, Item No. 25; was continued
from November 19, 2001, Item No. 29; was continued from
December 17, Item No. 30; and was continued from January
22, 2002, Item No. 25.)
MOTION: That said ordinance be adopted.
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02/04/2002
11. 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 Guthrie Street and Sunrise Lane.
(See Attached) (Cost to the City -- $500 from the General
Fund.) Ward 7
MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with Lilburn
Corporation for the preparation of environmental documents for
State Street improvements between 5th Street and 16th Street. (See
Attached) (Cost to the City -- $68,000 from the Street
Construction Fund.) Ward 6
MOTION: That said resolution be adopted.
13. Resolutions ratifying the applications for grant funds for the
Environmental Enhancement and Mitigation Program (EEMP)
under Section 164.56 of the Streets and Highways Code for the
Intermodal Areas/Commercial Center Revitalization and
Beau tification for the proposed Pepper Linden Drive Landscape
Median and Parkway. (See Attached) (No cost to the City to apply
for the grants.) Wards 1, 3 & 5
A. Resolution of the Mayor and Common Council of the City of San
Bernardino ratifying the application for grant funds for the
Environmental Enhancement and Mitigation Program (EEMP)
under the Section 164.56 of the Streets and Highways Code for
the following project: Intermodal Areas/Commercial Center
Revitalization and Beautification. (Resolution not available at
time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino ratifying the application for grant funds for the
Environmental Enhancement and Mitigation Program (EEMP)
under the Section 164.56 of the Streets and Highways Code for
the following project: Proposed Pepper-Linden Drive Landscape
Median and Parkway. (Resolution not available at time of
printing.)
MOTION:
That said resolutions A & B, be adopted.
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02/04/2002
14. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Brewster Electric for Little
League Baseball Lighting, per Plan No. 10352. (See Attached)
(Cost to the City -- $360,000 from the Park Construction
Fund.) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted; and that the Mayor
and Common Council authorize the Director of
Finance to amend the FY 2001/02 budget to increase
the budget amount in Account No. 243-363-5504-
7268 by $101,300 and reflect the associated reduction
in Account No. 243-000-3405-0000 (Unappropriated
fund balance in Park Construction fund).
15. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a con tract to American Asphalt Repair &
Resurfacing Co., Inc., for pavement rehabilitation by slurry seal at
various locations per Plan No. 10321. (See Attached) (Cost to the
City -- $251,000 from Various Funds.) (Resolution not
available at time of printing.) Wards 1, 2, 6 & 7
MOTION: That said resolution be adopted; and that the Mayor
and Common Council authorize the Director of
Finance to amend the FY 2001/2002 budget and
transfer $20,000 from Account No. 242-000-3405
(unallocated balance - Street Construction Fund) to
Account No. 242-362-5504-0000 (New project - Street
Construction Fund).
16. Resolution of the City of San Bernardino approving an Amendment
No. 1 to the agreement for services with Engineering Resources of
Sou thern California, Inc. for engineering plan checking services for
various land development projects. (See Attached) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted; that the Mayor and
Common Council authorize the Director of Finance to
amend the FY 2001/02 Development Services
Department adopted budget and transfer savings from
salaries (Account No. 001-183-5011) in the amount of
$25,000 to contractual services (Account No. 00 1-181-
5502) to accommodate the associated costs; and that
the Mayor and Common Council authorize the
Purchasing Manager to increase the purchase order to
Engineering Resources from the current amount of
$25,000 to $50,000.
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02/04/2002
Finance
17. Au thorize the Director of Finance to amend the FY 01-02 budget to
move $265,000 originally budgeted in the Non-Departmental
budget to the appropriate City Department budget for costs that
were scheduled to be shifted from EDA to the City. (See Attached)
(No net cost to the City.)
MOTION: That the Mayor and Common Council authorize the
Director of Finance to amend the FY 2001-2002
budget as follows: increase Facilities (Account No.
001-321-5507) $45,000; increase Parks (Account No.
001-382-5506) $8,000; increase Mayor (Account No.
001-012-5505) $50,000; increase Police (Account No.
001-220-5181) $84,000; and increase Cable TV
(Account No. 107-261-5181) $78,000 and do a
corresponding budget decrease from the Non-
departmental budget in Account No. 001-092-5197 as
outlined in the staff report dated January 17, 2002,
from Barbara Pachon, Director of Finance.
City Administrator
18. Resolutions by and between the City of San Bernardino and the
Economic Development Agency authorizing execution of an
agreement to jointly fund the consulting services with Copeland,
Lowery & Jacquez and a resolution authorizing the Mayor to
execute the agreement. (See Attached)
A. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute an
agreement with Copeland, Lowery, & Jacquez for Federal
Representation Services. (Resolution not available at time
of printing.)
B. Resolution of the Community Development Commission of
the City of San Bernardino authorizing the execution of an
agreement to jointly fund the consulting services of
Copeland, Lowery & Jacquez for Federal Representation
Services by and between the City of San Bernardino and the
Community Development Commission of the City of San
Bernardino. (Resolution not available at time of printing.)
(Item Continued on Next Page)
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02/04/2002
18. Continued.
C. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement to
jointly fund the consulting services of Copeland, Lowery &
Jacquez for Federal Representation Services by and between
the City of San Bernardino and the Community Development
Commission of the City of San Bernardino. (Resolution not
available at time of printing.)
MOTION: That said resolutions A-C, be adopted.
Parks, Recreation & Community Services
19. Resolution authorizing the Mayor of the City of San Bernardino or
her designee to apply for and administer a grant in the amount of
$24,625 from the State of California Department of Parks and
Recreation for a skateboard park. (See Attached) (No cost to the
City -- $24,625 - amount of grant funding requested.) Ward 5
MOTION: That said resolution be adopted; and that the Director
of Finance be authorized to amend FY 2001-2002
adopted Park Construction Fund budget and to
increase equally both revenues (243-000-4620 State
Aid) and expenditures (243-363-5504) Blair Park
Skateboard site) by $24,600 to reflect the State grant
funds to be received for the skateboard project.
20. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the destruction of certain City records of the
Parks, Recreation and Community Services Department. (See
Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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02/04/2002
COMMITTEE CONSENT
Recommended for approval by the Lee:islative Review
Committee on January 24, 2002 - Committee Members
Present: Lien, McGinnis and Schnetz
21. Resolution of the Mayor and Common Council of the City of San
Bernardino in support of Proposition 42 - the Traffic Congestion
and Improvement Act. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Council Office
22. Request from TURN for the City to amend the Municipal Code
related to smoking.
Mayor's Office
23. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the release of Request for Proposal for Arts
in Public Places Projects by the Fine Arts Commission. (See
Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
Human Resources
CONTINUED FROM JANUARY 22, 2002
24. Resolution of the City of San Bernardino approving a Side Letter to
Resolution 2001-303, resolution implementing a Memorandum of
Understanding between the City of San Bernardino and employees
in the General Bargaining Unit represented by the San Bernardino
Public Employees Association. (No cost to the City.) (Backup
distributed January 22, 2002, Item No. 14.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
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02/04/2002
STAFF REPORTS
City Attorney
25. An Ordinance of the City of San Bernardino adding Section
10.16.280 relating to the parking of vehicles on off street parking
areas. FIRST READING (See Attached) (Ordinance not
available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
26. Abandoned and illegal sign abatement. (See Attached)
27. Authorization to join amicus curiae brief in the case of 99 Cents
Only Store v. Lancaster Redevelopment Agency. (See Attached)
MOTION: That the Mayor and Common Council authorize the
City Attorney to join in amicus curiae brief in the case
of 99 Cents Only Stores v. Lancaster Redevelopment
Agency.
28. Ratification of City Attorney Office's action to further joinder in an
amicus brief in Kay Barnes, et al. v. Jeffery Gorman, et al. in the
United States Supreme Court.
MOTION: That the Mayor and Common council ratify the actions
of the City Attorney in joining in the amicus curiae
brief on the merits in the case of Kay Barnes, et al. v.
Jeffery Gorman, et al.
29. An Ordinance of the City of San Bernardino repealing Chapter 8.72
of the San Bernardino Municipal Code relating to smoking. FIRST
READING (Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
30. Resolution of the Mayor and Common Council of the City of San
Bernardino promoting a healthy environment and a healthy
citizenry and calling upon the San Bernardino Police Department
to continue its enforcement of State-mandated laws which regulate
smoking. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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02/04/2002
Council Office
31. League of California Cities Legislative Task Force Update.
Mayor's Office
32. Luncheon workshop - 12 noon - in the MIC Room - update by
Ehrenkranz, Eckstut & Kuhn Architects (EEK) on status of design
alternatives for the Downtown Revitalization Project.
END OF STAFF REPORTS
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02/04/2002
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, FEBRUARY 4,2002 - 2:00 P.M.
PRESENT:
ABSENT:
R33. Tippecanoe Retail Development - HUB Project - City/Agency
Cooperation and Financing Agreement & CIEDB Lease/Leaseback
Agreements. (See Attached) (Cost to the Agency -- $7,500,000 in
debt.) Ward 3
A. A Resolution of the Community Development Commission of
the City of San Bernardino, as the governing body of the
Redevelopment Agency of the City of San Bernardino,
approving that certain Redevelopmen t Cooperation and
Financing Agreement by and between the Redevelopment
Agency of the City of San Bernardino and the City of San
Bernardino, California.
B. A Resolution of the Mayor and Common Council of the City
of San Bernardino approving that certain Redevelopment
Cooperation and Financing Agreement by and between the
Redevelopment Agency of the City of San Bernardino and the
City of San Bernardino, California.
C. A Resolution of the Mayor and Common Council of the City
of San Bernardino, California authorizing the execution and
delivery of a site lease and a facility lease and approving
certain other matters in connection therewith (California
Infrastructure and Economic Development Bank: $2.0M
Harriman Place street extension project)
MOTION: That said resolutions A-C, be adopted.
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02/04/2002
R34. A resolution of the Community Development Commission of the
City of San Bernardino, as the governing body 0 the
Redevelopment Agency of the City of San Bernardino, approving
that certain exclusive right to negotiate for property acquisition
and redevelopment assistance (Essex Realty Management, Inc.) by
and between the Redevelopment Agency of the City of San
Bernardino and Essex Realty Management, Inc., on the terms set
forth in such agreement. (See Attached) (No cost to the
Agency.) Ward 1
MOTION: That said resolution be adopted.
35. 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.)
36. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Tuesday, February 19, 2002, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
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02/04/2002
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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