HomeMy WebLinkAbout03-04-2002Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 4, 2002 - 9:00 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 x-x.)
CALL TO ORDER:
PRESENT:
ABSENT:
PLEDGE:
INVOCATION:
Inaue:ural Ceremony - 9:00 a.m.
Swearing-in ceremony for Mayor Judith Valles, Councilwoman
Esther Estrada, Councilwoman Susan Lien, and Councilman Neil
Derry will begin at 9:00 a.m. in the Council Chambers of City Hall,
followed by a reception.
The joint regular meeting of the Mayor and Common Council and
the Community Development Commission will resume immediately
following the reception.
1. Appointments.
2. Presentations.
3. Announcemen ts by Mayor and Common Council.
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CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
4 through 15, be adopted except for _, _, _,
_, _, _, _, _, and_.
4. 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.
5.
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:
December 17, 2001
(Distributed on 2/13/02)
6.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
February 25, 2002 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 February 25, 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.
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City Administrator
8. 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. FINAL READING (Backup material was distributed
on February 19, 2002, Item No. 33.)
MOTION: That said ordinance be adopted.
City Attorney
9. Resolution of the Mayor and Common 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 in the case of
Vibhakerbhai B. Patel, et al. v. City of San Bernardino, et al. (See
Attached)
MOTION: That said resolution be adopted.
Development Services
10. 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 any time zone on the east side of
Tippecanoe Avenue between Ninth Street and Base Line Street.
(See Attached (Cost to the City -- $2,000 from the General
Fund.) Ward 2
MOTION: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the Final Map for Subdivision Tract No.
16225, located at the southeast corner of Hill Drive and Third
Avenue, 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) (No cost to the City.) Ward 5
MOTION: That said resolution be adopted.
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12. Resolution of the City of San Bernardino confirming fair market
value and minimum sale price for certain City owned real property
generally located at the southwest corner of Orange Show Road
and Waterman Avenue in said City and giving notice inviting
competitive sealed and oral bids for the sale of said property. (See
Attached) (No cost to the City.) (Resolution not available at
time of printing.) Ward 3
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Laird Construction Co. Inc., for
pavement rehabilitation on Rialto Avenue from Waterman Avenue
to Lena Road, per Plan No. 10152. (See Attached) (Cost to the
City -- $250,000 from the Y2 Sales and Road Tax Fund.) Ward 1
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding purchase orders to Adair Office Furniture
and Office Depot for the Development Services Department public
counter reconfiguration. (See Attached) (Cost to the City --
$27,964.63 from the General Fund.)
MOTION: That said resolution be adopted.
Fire
15. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the submittal of a grant application to the
Children and Families Commission (CFC) for San Bernardino
County in the amount of $162,367. (See Attached) (No cost to the
City -- $162,367 in grant funds requested for FY 2003/2004.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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COMMITTEE CONSENT
Recommended for approval by the Personnel Committee on
February 25, 2002 - Committee Members Present: Anderson,
Suarez and McCammack
16. Resolutions amending Resolution No. 6413, Sections Twelve and
Fourteen, establishing in part a management/confidential and
unclassified employee and benefit plan. (See Attached) (No cost to
the City.)
A. Resolution of the City of San Bernardino amending
Resolution No. 6413, Section Ten, entitled in part, "A
Resolution. . . establishing a basic compensation plan. . .";
by updating information codifying prior Council actions
(General Unit). (Resolution not available at time of
printing.)
B. Resolution of the City of San Bernardino amending
Resolution No. 6413, Section Eleven, entitled in part, "A
Resolution. .. establishing a basic compensation plan. . .,"
by codifying prior Council actions (Middle-Management
Unit). (Resolution not available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
17. Resolution of the City of San Bernardino amending Resolution No.
6413, Sections Twelve and Fourteen, entitled in part, "A Resolution
. . . establishing a basic compensation plan . . .," by updating
information codifying prior Council actions (Management/
Confidential and Unclassified). (See Attached) (Cost to the City --
$80,292 from the General Fund.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Ways and Means Committee
on February 6, 2002 - Committee Members Present: McGinnis
and McCammack
18. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing execution of an agreement between the
City of San Bernardino and the San Bernardino City Unified
School District for financial assistance in the amount of $5,000
from Asset Forfeiture funds in support of the Junior Police
Academy at Lytle Creek Elementary School. (See Attached) (Cost to
the City -- $5,000 from Asset Forfeiture fund.) (Resolution not
available at time of printing.) Ward 3
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18. Continued.
MOTION: That said resolution be adopted; and that the Director
of Finance be authorized to amend the FY 2001/2002
adopted budget and appropriate $5,000 from the Asset
Forfeiture Fund balance to Account No. 108-271-5505
(Asset Forfeiture Professional/Contractual) to fund the
Junior Police Academy at Lytle Creek Elementary
School.
END OF COMMITTEE CONSENT
PUBLIC HEARING
TO BE HEARD AT 10:00 A.M.
19. Public hearing - resolution imposing liens on certain parcels of real
property for uncollected business registration fees. (See Attached)
Resolution of the City of San Bernardino imposing liens on certain
parcels of real property located within the City of San Bernardino
for uncollected business registration fees.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the City Clerk be
directed to administratively remove any properties
from Exhibit A which have been paid prior to the
hearing; and that said resolution be adopted.
END OF PUBLIC HEARING
CONTINUED ITEMS
Council Office
CONTINUED FROM FEBRUARY 19,2002
20. Resolution of the Mayor and Common Council of the City of San
Bernardino directing the City Clerk to continue the commencement
of each Mayor and Common Council meeting for the months of
May, June and July, 2002, to 1:30 p.m. on the day of said meeting,
with the Community Development Commission meeting to follow
thereafter. (Backup material was distributed on February 19,
2002, Item No. S1.)
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20. Continued.
MOTION: That said resolution be adopted.
Development Services
CONTINUED FROM FEBRUARY 19,2002
21. 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. (Backup material was distributed on February
19, 2002, Item No. 12.)
MOTION: That said resolution be adopted.
Human Resources
CONTINUED FROM FEBRUARY 19,2002
22. 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; item was
continued to February 19, 2002, Item No. 30.)
MOTION: That said resolution be adopted.
Public Services
CONTINUED FROM FEBRUARY 19,2002
23. 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 New Amendment No.1 to the Waste
Disposal Agreement.) (Backup material was distributed February
19, 2002, Item No. 25.)
MOTION: That said resolution be adopted.
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03/04/2002
Development Services
CONTINUED FROM DECEMBER 3, 2001
24. Request to continue to June 3, 2002, the Resolution approving
Final Map for Tentative Tract No. 14112, located northeasterly of
the intersection of Foothill Drive and Sterling Avenue. (New Staff
Report attached.) (Continued from December 3, 2001, Item No.
28.) Ward 4
MOTION: That the Final Map for Tentative Tract No. 14112 be
continued to the Council meeting of June 3, 2002.
CONTINUED FROM FEBRUARY 4, 2002
25. Request from TURN for the City to amend the Municipal Code
related to smoking. (Backup material was distributed on
February 4, 2002, Item No. 22.)
MOTION: That the matter be tabled.
CONTINUED FROM FEBRUARY 4, 2002
26. 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. (Backup material was distributed on February 4,
2002, Item No. 30.)
MOTION: That said resolution be adopted.
CONTINUED FROM FEBRUARY 4, 2002
27. An Ordinance of the City of San Bernardino repealing Chapter 8.72
of the San Bernardino Municipal Code relating to smoking. FIRST
READING (Backup material was distributed on February 4,
2002, Item No. 29.)
MOTION: That said ordinance be laid over for final adoption.
END OF CONTINUED ITEMS
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03/04/2002
STAFF REPORTS
City Attorney
28. Ordinances of the City of San Bernardino (A) adding Chapter 8.73
relating to smoking within twenty-five feet of playgrounds or tot lot
sandbox areas, (B) adding Section 8.73.030 relating to the sale of
tobacco products through self service displays, and (C) adding
Section 8.73.040 relating to smoking in outdoor recreation areas,
sports centers and sport facilities.
A. An Ordinance of the City of San Bernardino adding Chapter
8.73 relating to smoking within twenty-five feet of
playgrounds or tot lot sandbox areas. FIRST READING
(Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final
adoption.
B. An Ordinance of the City of San Bernardino adding Section
8.73.030 to the San Bernardino Municipal Code relating to
the sale of tobacco products through self service displays.
FIRST READING (Ordinance not available at time of
printing.
MOTION: That said ordinance be laid over for final
adoption.
C. An Ordinance of the City of San Bernardino adding Section
8.73.040 to the San Bernardino Municipal Code relating to
smoking in outdoor recreation areas, sports centers and
sports facilities. FIRST READING (Ordinance not
available at time of printing.)
MOTION: That said ordinance be laid over for final
adoption.
Council Office
29. League of California Cities Legislative Task Force update.
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03/04/2002
Development Services
30. Ordinance of the City of San Bernardino amending Chapter 10.52
of the San Bernardino Municipal Code to establish a forty-five mile
per hour speed limit on Palm Avenue between Kendall Drive and
Belmont Avenue. FIRST READING (See Attached) (Cost to the
City -- $1,000 from the General Fund.) (Ordinance not
available at time of printing.) Ward 5
MOTION: That said ordinance be laid over for final adoption.
END OF STAFF REPORTS
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03/04/2002
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, MARCH 4, 2002 - 2:00 P.M.
PRESENT:
ABSENT:
CLOSED SESSION
31. 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.
Scottsdale Insurance Company v. Sherry Wilson, et al. - San
Bernardino Superior Court Case No. SCVSS 086104.
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.
(Item Continued on Next Page)
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03/04/2002
31. Continued.
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
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
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
(Item Continued on Next Page)
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03/04/2002
31. Continued.
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
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
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
END OF CLOSED SESSION
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03/04/2002
CONTINUED FROM FEBRUARY 19,2002
R32. Appointment of Mobile Home Park Rent Control Board Members.
(New Staff Report Attached) Backup material was distributed on
February 19, 2002, Item No. R39.)
MOTION: That the Mayor and Common Council appoint: three
(3) regular board members, two (2) alternate board
members, and reappoint two existing members, as
noted in Attachment 1 to the staff report from Maggie
Pacheco, dated February 7, 2002, for the Mobile Home
Park Rent Control Board as required by Ordinance No.
MC-726.
R33. A Resolution of the Community Development Commission of the
City of San Bernardino approving and authorizing the Executive
Director to execute Amendment No. 3 to Disposition and
Developmen t Agreement by and between Redevelopment Agency of
the City of San Bernardino and Hi-Way Auto Recyclers, LLC. (See
Attached) Ward 6
MOTION: That said resolution be adopted.
R34. Joint Powers Financing Authority Subordinate Tax Allocation Bond
Series 2002A.
(Joint Powers Financing Authority)
A. A Resolution of the San Bernardino Joint Powers Financing
Authority authorizing the issuance of San Bernardino Joint
Powers Financing Authority Subordinated Tax Allocation
Bonds, Series 2002A in a total aggregate principal amount
not to exceed $14,000,000, approving the form of certain
legal documen ts related thereto and authorizing and
directing their preparation, execution and delivery.
(Resolution not available at time of printing.)
(Item Continued on Next Page)
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03/04/2002
R34. Continued.
(Community Development Commission)
B. A Resolution of the Community Development Commission of
the City of San Bernardino authorizing on behalf of the
Redevelopment Agency of the City of San Bernardino, the
borrowing of funds from the San Bernardino Joint Powers
Financing Authority in a total aggregate principal amount of
not to exceed $14,000,000 authorizing the form of certain
legal documen ts related thereto and authorizing and
directing their preparation, execution and delivery.
(Resolution not available at time of printing.)
(Mayor and Common Council)
C. A Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the borrowing by the
Redevelopment Agency of the City of San Bernardino from
the San Bernardino Joint Powers Financing Authority in a
total aggregate principal amount of not to exceed
$14,000,000, authorizing the form of certain legal
documen ts related thereto and authorizing and directing
their preparation, execution and delivery. (Resolution not
available at time of printing.)
MOTION: That said resolutions A-C, be adopted; and that
the Community Development Commission
approve the staff recommendations for the
prioritization of the use of the bond proceeds for
the proposed Subordinate Tax Allocation Box,
Series 2002A.
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.,
Monday, March 18, 2002 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 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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