HomeMy WebLinkAbout02-19-2002Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, FEBRUARY 19, 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 14 & 15.)
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;
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02/19/2002
1. Continued.
Ruthee Goldkorn, et al. v. City of San Bernardino, et al. -
United States District Court Case No. EDVC 98-42 RT
(V APx);
Mervyn O'Neil v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 75007;
Jonathan Smith v. City of San Bernardino, et al. - United
States District Court Case No. CV 98-1990 GAF (CTx).
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:
HUB Properties
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02/19/2002
1. Continued.
Negotiating Parties:
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
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
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02/19/2002
1. Continued.
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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
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02/19/2002
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 26, 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 meetings of the
Mayor and Common Council/Community
Development Commission of the City of San
Bernardino, be approved as submitted in typewritten
form:
December 3, 2001
December 20, 2001
January 15, 2002
January 15, 2002
(Distributed on 2/11/02)
(Distributed on 2/8/02)
(Distributed on 2/7/02)
(Distributed on 2/7/02)
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02/19/2002
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
February 8, 2002 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 February 11, 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.
Animal Control
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing execution of a con tract for services
between the City of San Bernardino and the City of Fontana for full
service animal control. (See Attached) (Cost savings to the City -
- $26,200.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Mayor
and Common Council authorize the Director of
Finance to amend the FY 2001-2002 adopted budget
and increase contract revenue in the Animal Control
Fund (124-000-4757) by $26,200 to reflect increased
contract revenue from the City of Fontana, and to
decrease the transfer into the Animal Control Fund
from the General Fund in a corresponding amount
(124-000-6450) .
City Attorney
10. An Ordinance of the City of San Bernardino adding Section
10.16.280 relating to the parking of vehicles on off street parking
areas. FINAL READING (Backup material was distributed on
February 4, 2002, Item No. 25.)
MOTION: That said ordinance be adopted.
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02/19/2002
11. 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 the
Redevelopment Agency of the City of San Bernardino in the case of
California Bio-Mass, et al. v. City of San Bernardino, et al. (See
Attached)
MOTION: That said resolution be adopted.
Development Services
12. Resolution of the City of San Bernardino authorizing and directing
execution of an amendment to grant of easement for Southern
California Edison Company across City-owned property located
between 4th Street and 5th Street, east of the Lytle Creek Flood
Control Channel. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to DBX, Inc., for installation of
traffic signal at Kendall Drive and Wagonwheel Road, Plan No.
10369. (See Attached) (Cost to the City -- $162,000 from Y2
Cent Sales and Road Tax Fund.) 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 transfer
$162,000 from Account No. 129-367-5504-7239
(Street Improvements/Safety Improvement Citywide) to
Account No. 129-367-5504-7276 (Traffic Signal at
Kendall Drive and Wagonwheel Road).
14. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Silvia Construction, Inc., for
pavement rehabilitation on 40th Street from east of Sierra Way to
Waterman Avenue, per Plan No. 10240. (See Attached) (Cost to
the City -- $213,000 from the Y2 Cent Sales and Road Tax
Fund.) Ward 4
MOTION: That said resolution be adopted.
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02/19/2002
15. Resolution authorizing the City of San Bernardino to submit
projects and commit funding for the FY 2002/2003-2007/2008
Regional Transportation Improvement Program (RTIP). (See
Attached) (No cost to the City.) (Resolution not available at
time of printing.) All Wards
MOTION: That said resolution be adopted.
16. Resolution of the City of San Bernardino approving an agreement
for professional services with David Evans and Associates, Inc. for
design of the widening of Del Rosa Drive and Third Street at the
San Bernardino International Airport. (See Attached) (Cost to the
City -- $45,946 from the Street Construction Fund.) Ward 1
MOTION: That said resolution be adopted.
17. Authorization to proceed - proposed vacation of a portion of
Juniper Drive, northerly of Willow Drive and a portion of Willow
Drive easterly of Juniper Drive - plan approval and waiver of fees.
(No cost to the City.) Ward 4
MOTION #1:
That the Director of Development Services and
the City Clerk be authorized to proceed with the
vacation of a portion of Juniper Drive, northerly
of Willow Drive and a portion of Willow Drive,
easterly of Juniper Drive and that Plan No.
10419 depicting the proposed vacation be
approved;
MOTION #2:
That the vacation processing fee in the amount
of $1,000 be waived in exchange for the
petitioner installing a 4 foot sidewalk in the right
of way adjacent to the vacated area.
Police
18. Resolution of the City of San Bernardino authorizing the purchase
of a replacemen t documen t imaging system for the Police
Department. (Cost to the City -- $430,132; [$64,738 from IS
Fund; $38,925 from General Fund; and $36,469 grant funded])
(Resolution not available at time of printing.)
(Item Continued on Next Page)
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02/19/2002
18. Continued.
MOTION: That said resolution be adopted; and that the Director
of Finance be authorized to amend the FY 2001/02
adopted budget and transfer $64,700 from 679-251-
5172 (IS Equipment Maintenance) to 679-251-5705
(Department Computer Purchase) and transfer
$38,900 from 001-222-5505 (Police Other Professional
Services) to 679-251-5705 (Department Computer
Purchases) .
19. Resolution of the City of San Bernardino ratifying the submittal of
a grant application to the Office of Traffic Safety for a Traffic Safety
Concepts Grant. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
20. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a piggyback purchase
order to Fairview Ford for two (2) 2002 mid-size 4-door sedans to
be utilized by the Fire Department. (See Attached) (Cost to the
City -- $37,700 from Motor Pool Fund.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
21. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of piggyback purchase orders
to Crest Chevrolet for various vehicles to be utilized by various
departments. (See Attached) (Cost to the City -- $84,206.60
from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
22. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a purchase order to Dion
In ternational for the purchase of one (1) new Vactor 2 110 Jet
Rodder sewer cleaning truck to be utilized by the Public Services
Street Sewer Crew. (See Attached) (Cost to the City -- $248,700
Motor Pool Fund.) (Resolution not available at time of
printing.)
(Item Continued on Next Page)
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02/19/2002
22. Continued.
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 allocating
$248,700 from Unexpended/Unallocated Sewer Fund
balance to Account No. 132-431-5609, Vehicle
Replacement, with a corresponding increase to
Account No. 635-341-5701, Motor Vehicles.
23. A Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a piggyback purchase
order to Crest Chevrolet for three (3) one-ton extended cab and
chassis to be utilized by the Animal Control Department; and
authorizing a purchase order to KPK Truck Body Manufacturing
for manufacturing Animal Control truck bodies for the three
chassis. (See Attached) (Cost to the City -- $106,292.07 from
the Motor Pool Fund.)
MOTION: That said resolution be adopted.
24. Resolution of the Mayor and Common Council of the City of San
Bernardino au thorizing su bmission of California Beverage
Container Recycling and Litter Reduction Grant application form to
the Department of Conservation, Division of Recycling. (See
Attached) (No cost to the City -- $20,497.03 in grant funding
requested.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
25. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the first amendment to the Waste Disposal
Agreement between the County of San Bernardino and the City of
San Bernardino. (See Attached) (Potential revenue to the City
Refuse Fund -- $145,700.) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
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02/19/2002
Water Department
26. Receive and file the 2000-2001 Audit Report for Water Department
Water and Sewer Utilities. (See Attached)
MOTION: That the Mayor and Common Council receive and file
the 2000-2001 Audit Report for the Water Department
Water and Sewer Utilities.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval by the Lee:islative Review
Committee on February 7, 2002 - Committee Members
Present: Lien, McGinnis and Schnetz
27. Resolution of the Mayor and Common Council of the City of San
Bernardino in support of Prop 40, the Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Bond Act of 2002.
(See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Recommended for approval by the Lee:islative Review
Committee at their meetine: of September 6, 2001
Committee Members Present: Council Members Lien,
McGinnis and Schnetz
28. Resolution of the Mayor and Common Council of the City of San
Bernardino adopting a process for evaluating applicants to the
City's Tow Rotation consistent with Resolution 1999-86. (See
Attached) (No cost to the City.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
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02/19/2002
Recommended for approval by the Ways and Means Committee
on January 9, 2002 - Committee Members Present: Schnetz,
McGinnis and McCammack
City Administrator
29. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute an agreement to
jointly fund and utilize an electronic reader board by and between
the City of San Bernardino and Inland Empire Auto Center
Association. (See Attached) (Cost to the City -- $100,000 in FY
2002-2003 and $75,000 in FY 2003-2004.) (Resolution not
available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
Human Resources
CONTINUED FROM FEBRUARY 4, 2002
30. 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; item was
continued to February 4, 2002, Item No. 24.)
MOTION: That the matter be continued to March 4, 2002.
Mayor's Office
CONTINUED FROM FEBRUARY 4, 2002
31. Enhance reward for apprehension & conviction of person
responsible for the death of Hannah "Honey" Jordan. (Item was
continued from February 2, 2002, Item No. NB1)
MOTION: That the matter be tabled.
END OF CONTINUED ITEMS
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02/19/2002
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
32. Public hearing - request for General Plan Amendment No. 01-04 -
to change the land use designation of approximately. 91 acres from
CH, Commercial Heavy to RS, Residential Suburban - area located
west of and adjacent to the 215 Freeway approximately 980.35 feet
north of Baseline Street on Home Avenue. (See Attached) (No cost
to the City - $1,500 processing fee paid by applicant.) Ward 1
Owner / Applicant:
Alvarez and Associates
201 North "E" Street, #202
San Bernardino, CA 92401
Request/Location: A request to change the land use designation
from CH, Commercial Heavy to RS, Residential Suburban, for
approximately .91 acres. The project site is located west of and
adjacent to the 215 Freeway approximately 980.35 feet north of
Baseline Street on Home Avenue.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and
Common Council deny General Plan Amendment No.
o 1-04 based on the Findings of Fact contained in the
Mayor and Council staff report dated January 28,
2002, from James Funk, Director of Development
Services.
END OF PLANNING ITEMS
STAFF REPORTS
City Administrator
33. An ordinance of the City of San Bernardino amending Section
3.44.131 of the San Bernardino Municipal Code relating to Utility
User's Tax Rebate Program as it applies to new and expanding
businesses. FIRST READING (See Attached) (Cost to the City --
$26,200 from the General Fund.)
MOTION: That said ordinance be laid over for final adoption.
END OF STAFF REPORTS
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02/19/2002
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
TUESDAY, FEBRUARY 19,2002 - 2:00 P.M.
PRESENT:
ABSENT:
CONTINUED FROM FEBRUARY 4, 2002
R34. Tippecanoe Retail Development - HUB Project - City/Agency
Cooperation and Financing Agreement & CIEDB Lease/Leaseback
Agreements. (Backup material was distributed on February 4,
2002, Item No. R33.) 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.
MOTION: That the matter be tabled.
R35. Resolution of the Community Development Commission of the City
of San Bernardino, California, adopting the Economic Development
Agency's Annual Statement of Investment Policy for the Year 2002.
(See Attached) (No cost to the City.) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
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02/19/2002
R36. Resolution of the Community Development Commission of the City
of San Bernardino referring certain further 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) (Cost to the Agency --
$388,700 gross; $290,600 net from the Tax Increment Fund.)
(Resolution not available at the time of printing.) Ward 3
MOTION: That said resolution be adopted.
R37. Carousel Mall Security - Alternative obligations. (See Attached) (No
Cost to the Agency.) All Wards
MOTION: That the Community Development Commission
approve changes to the Economic Developmen t
Agency's Fiscal Year 2001-02 Budget lines items 4200,
6103, 6301, 6701 and 7403 as outlined in the staff
report from Barbara Lindseth, dated February 11,
2002.
R38. Resolution of the Community Development Commission approving
and authorizing execution of Amendment No.3 to the September
7, 1999 HOME Agreement, and as subsequently amended, by and
between the Agency and Neighborhood Housing Services of the
Inland Empire (NHSIE), conveying the property at 1650 North
Sierra Way, Neighborhood Initiative Program (NIP#I). (See
Attached) (No cost to the City.) Ward 2
MOTION: That said resolution be adopted.
R39. Appointment of Mobile Home Rent Control Board Members. (See
Attached)
MOTION: That the matter be continued to March 4, 2002.
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
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.)
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02/19/2002
41. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, March 4,2002, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino.
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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02/19/2002