HomeMy WebLinkAbout03-18-2002Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 18, 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 page 16.)
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;
James L. Mahan, Jr. v. City of San Bernardino - Workers
Compensation Appeals Board Case Nos. SBR 0268092 and
SBR 0275419;
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1. Continued.
Richard Jimenez and Eloisa Brave Jimenez v. City of San
Bernardino, et al. - United States District Court Case No.
EDCV 97-00086 RT (CR);
Candice Dick v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 02-158 VAP SGLx.
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:
101 E. Redlands Boulevard
Negotiating Parties:
Gary VanOsdel on behalf of
the Economic Developmen t
Agency and Jim Walter on
behalf of LaMesa RV
Under Negotiation:
Purchase terms & conditions
(Item Continued on Next Page)
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1. Continued.
2.
3.
4.
Property Address:
Negotiating Parties:
Under Negotiation:
Property Address:
Negotiating Parties:
Under Negotiation:
Property Address:
Negotiating Parties:
16th & California Streets
Maggie Pacheco on behalf of
the Economic Developmen t
Agency and Michael Aulecino,
Century Homes, from Arrow
Vista Housing Development
Phase II Northwest
Redevelopment Project Area
Purchase terms & conditions
750-752 West 4th Street
Maggie Pacheco on behalf of
the Economic Developmen t
Agency and from Burnett
Realty (TELACU Senior
Housing Project) Central City
North Redevelopment Project
Area
Purchase terms & conditions
HUB Properties
Gary Van Osdel for the Redevelopment Agency
and
0281-081-01
0281-081-02
0281-081-03
0281-081-04
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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
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
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1. Continued.
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0281-082-27
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0281-083-15
0281-083-16
0281-083-17
0281-083-18
0281-083-20
0281-091-39
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
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Human Relations Commission - Rabbi Hillel Cohn - Mayor
Valles.
B. Human Relations Commission - Carl Clemons - Mayor
Valles.
MOTION: That the appointments of Rabbi Hillel Cohn and
Carl Clemons to the Human Relations
Commission, as requested by Mayor Valles, be
approved.
3. Presentations.
A. Service Pin Awards Ceremony.
B. Measure I presentation by SANBAG Executive Director,
Norm King.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 25, 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.
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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:
January 7, 2002
January 22, 2002
(Distributed on 3/7/02)
(Distributed on 3/7/02)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
March 5, 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 March 12, 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
LAID OVER FROM MARCH 4, 2002
9. Ordinances of the City of San Bernardino (A) adding Chapter 8.73
relating to the sale of tobacco products through self service
displays, and (B) 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 Section
8.73.030 to the San Bernardino Municipal Code relating to
the sale of tobacco products through self service displays.
FINAL READING (Backup material was distributed on
March 4, 2002, Item No. 28B.)
(Item Continued on Next Page)
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9. Continued.
B. 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. FINAL READING (Backup material was
distributed on March 4, 2002, Item No. 28C.)
MOTION: That said ordinances be adopted.
Council Office
10. Set luncheon workshop - April 15, 2002 at 12 noon - EDA
Boardroom - presentation by Richard Hall on California Reading
and Literacy Improvement and Public Library Construction and
Renovation Bond Act. (See Attached)
MOTION: That a luncheon workshop be set for Monday, April 15,
2002, at 12 noon in the Economic Development
Agency Boardroom for a presentation by Richard Hall,
Library Bond Act Manager of the Office of Library
Construction, California State Library.
Development Services
LAID OVER FROM MARCH 4, 2002
11. 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. FINAL READING (Backup material was
distributed on March 4, 2002, Item No. 30) Ward 5
MOTION: That said ordinance be adopted.
12. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Fischer Plumbing for ADA
access ramps at various locations, per Plan No. 10356. (See
Attached) (Cost to the City -- $200,000 from the Gas Tax Fund
and the Y2 Cent Sales and Road Tax Fund.)
MOTION: That said resolution be adopted.
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13. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Imac Construction Inc., for
construction of new restroom facilities at Perris Hill Park and
Kerwin Field (Meadowbrook South), per Plan No. 10355. (See
Attached) (Cost to the City -- $319,000 from the Park
Construction Fund.) Wards 1 & 2
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San
Bernardino ratifying the submittal of a grant application for
Nonpoint Source Pollution Control Program funds for the
construction of Vision Creek Project. (See Attached) (Grant funds
requested -- $2,500,000; matching funds in the amount of
$500,000 will be required if grant is awarded.) Ward 2
MOTION: That said resolution be adopted.
15. Item Deleted.
16. Resolution of the City of San Bernardino authorizing the execution
of a License Agreement with Inland Empire Auto Center
Association for installation of electronic reader board in the street
right-of-way in the median of Auto Center Drive and Camino Real.
(See Attached) (No cost to the City.) Ward 3
MOTION: That said resolution be adopted.
Facilities Manae:ement
17. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to increase the
purchase order to Exp@nets for the provision of repairs and
maintenance to the City's NEC telephone systems services for the
Facilities Management Department. (See Attached) (Cost to the
City -- $8,000 from the Telephone Support Fund.)
MOTION: That said resolution be adopted.
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18. Resolution of the Mayor and Common Council of San Bernardino
authorizing the execution of a contract with and issuance of a
purchase order to Western Allied Service Company, for the energy
efficient installation of a pony chiller at City Hall, 300 North D
Street, in San Bernardino. (See Attached) (Cost to the City --
$109,971 from the Utility Fund.) Ward 1
MOTION: That said resolution be adopted.
Fire
19. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the submittal of a grant application to the
Federal Emergency Management Agency (FEMA) in the amount of
$105,728. (See Attached) (Requested grant funding in the
amount of $105,728; required City match in the amount of
$45,312 if the grant is awarded.)
MOTION: That said resolution be adopted.
20. Item Deleted.
Public Services
21. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a piggyback purchase
order to Eberhard Equipment for furnishing and delivery of one (1)
Fermec tractor loader to be utilized by the Parks and Recreation
Department. (See Attached) (Cost to the City -- $45,901.50
from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
22. Resolution of the City of San Bernardino authorizing submittal of
2002/2003 Used Oil Recycling Block Grant application for grant
funds from the California Integrated Waste Management Board.
(See Attached) (No cost to the City -- $86,514 in grant funds
requested. )
MOTION: That said resolution be adopted.
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23. Authorize release of Request for Proposal to design a Liquified
Natural Gas/Liquified to Compressed Natural Gas (LNG/LCNG)
fueling station at San Bernardino City Yard. (See Attached) (No
cost to the City.) Wards 1 & 3
MOTION: That the Mayor and Common Council authorize the
release of the Request for Proposal to design a
Liquefied Natural Gas/Liquefied to Compressed
Natural Gas (LNG/LCNG) fueling station at San
Bernardino City Yard.
24. Authorize submittal of grant application for the Carl Moyer
Memorial Air Quality Standards Attainment Program in an
estimated amount of $560,000. (See Attached) Wards 1 & 3
MOTION: That the Mayor and Common Council authorize
submission of grant application for the Carl Moyer
Memorial Air Quality Standards Attainment Program
in an estimated amount of $560,000.
25. Resolution of the City of San Bernardino authorizing the extension
of the rental agreement between the City and Nixon-Egli
Equipment Company for a pavement grinding machine utilized by
the Public Services Street Division for roadway pavement
rehabilitation repairs and maintenance. (See Attached) (Cost to
the City -- $36,635 from the General Fund.)
MOTION: That said resolution be adopted; that the Director of
Finance be authorized to amend the FY 2001-2002
budget appropriating $36,700 from undesignated/
unreserved AB2928 Traffic Congestion Fund balance
to Account No. 135-378-5171 (Equipment Rental in
the AB 2928 Fund); and that the Purchasing Manager
be authorized to increase the purchase order to Nixon-
Egli Equipment Company by $36,630, charged to
Account No. 135-378-5171, from $24,725 to $61,360.
END OF CONSENT CALENDAR
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COMMITTEE CONSENT
Heard at the Ways and Means Committee Meetine: on March
13, 2002:
26. Mid-Year Budget review for Fiscal Year 2001-2002.
MOTION: That the FY 2001-2002 Mid-Year Budget Report be
received and filed.
27. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor of the City of San Bernardino or
her designee to execute a Lease Agreement with the New Hope
Missionary Church for rental of space for the Westside Community
Service Center at 1505 W. Highland Avenue in the City of San
Bernardino. (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 2001-2002
adopted budget and appropriate $17,700 from the
undesignated / unreserved General Fund balance to
fund the Parks and Recreation Department's lease
costs for the Westside Community Center (Account No.
001-385-5505) .
END OF COMMITTEE CONSENT
PUBLIC HEARING
TO BE HEARD AT 10:00 A.M.
28. Public hearing - Redistricting of Council Ward Boundaries and an
ordinance amending Chapter 1. 16 of the San Bernardino
Municipal Code. (See Attached)
Ordinance of the City of San Bernardino amending Chapter 1.16 of
the San Bernardino Municipal Code and reestablishing the
boundaries of the seven wards of the City of San Bernardino.
FIRST READING (Ordinance not available at time of printing.)
Mayor to open the hearing . . .
(Item Continued on Next Page)
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28. Continued.
MOTION: That the public hearing be closed; that the changes to
boundaries for the seven council wards be approved as
presented by the Redistricting Task Force on March
18, 2002, and that said ordinance be laid over for final
adoption.
END OF PUBLIC HEARING
CONTINUED ITEMS
City Attorney
LAID OVER FROM MARCH 4, 2002
29. An Ordinance of the City of San Bernardino repealing Chapter 8.72
of the San Bernardino Municipal Code relating to smoking. FINAL
READING (Backup material was distributed on March 4, 2002,
Item No. 27.)
MOTION: That said ordinance be adopted.
LAID OVER FROM MARCH 4, 2002
30. An ordinance of the City of San Bernardino adding Chapter 8.73 to
the San Bernardino Municipal Code relating to smoking within
twenty-five feet of playgrounds or tot lot sandbox areas. FINAL
READING. (Backup material was distributed on March 4, 2002,
Item No. 28A.)
MOTION: That said ordinance be adopted.
END OF CONTINUED ITEMS
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
3 1. Pu blic hearing - Development Code Amendment to clarify the
definitions of hotels and motels and to establish Extended Lodging
Facilities - a Conditional Use Permit to establish an Extended
Lodging Facility and Tentative Parcel Map to subdivide one parcel
into two parcels. (See Attached) Ward 1
(Item Continued on Next Page)
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31. Continued.
An ordinance of the City of San Bernardino amending Section
19.02.050 (Definitions) and Chapter 19.06 (Commercial Districts)
Section 19.06.020, Table 06.01 (Permitted Uses), Table 06.03
(Specific Standards) and Section 19.06.030 (Development
Standards) of the San Bernardino Municipal Code (Development
Code) to modify text related to definitions, requirements and
standards for hotels, motels, and extended lodging facilities. FIRST
READING (Ordinance not available at time of printing.)
Owner:
BP California
3141 Hood Street, 2nd Floor
Dallas TX 75219
Applicant:
W. Scott Fay / Casco
151 Kalmus Drive, H-8
San Bernardino, CA 92401
Request/Location: The requested Development Code Amendment
would amend Chapter 19.02, Section 19.02.050 (Definitions),
Chapter 19.06, Section 19.06.020, Table 06.01 (Permitted Uses),
Table 06.03 (Specific Standards), and Section 19.06.030
(Development Standards) of the Development Code by amending
the definitions for hotel and motel, adding a definition for extended
lodging facilities, providing new development standards for hotels,
motels and extended lodging facilities.
The Conditional Use Permit and Tentative Parcel Map are proposed
to allow the construction of a 105 room Extended Lodging Facility
at the northeast corner of Waterman Avenue and Vanderbilt Way,
and to subdivide a 9. I-acre parcel in to a 2. 17 -acre parcel for the
Extended Lodging Facility, and a 6.94-acre remainder parcel.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and
Common Council:
1) Adopt the Negative Declaration for Development
Code Amendment No. 01-02;
(Item Continued on Next Page)
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31. Continued.
2) Adopt the Mitigated Negative Declaration for
Conditional Use Permit No. 01-03 and Tentative
Parcel Map No. 15635 and the Mitigation
Monitoring and Reporting Plan for Conditional
Use Permit No. 01-03;
3) Approve Development Code Amendment No. 01-
02 based on the Findings of Fact contained in
the Planning Commission Staff Report dated
February 19, 2002, and that said ordinance be
laid over for final adoption; and
4) Approve Conditional Use Permit No. 01-03 and
Tentative Parcel Map No. 15635, based upon the
Findings of Fact contained in the Planning
Commission Staff Report dated February 19,
2002, and subject to the Conditions of Approval
and Standard Requirements.
END OF PLANNING ITEMS
STAFF REPORTS
City Attorney
32. Authorization to join amicus curiae brief in the case of Harvest
Church v. City of Concord. (See Attached)
MOTION: That the Mayor and Common Council authorize the
City Attorney to join in the amicus curiae brief in the
case of Harvest Church v. City of Concord.
City Administrator
33. A Resolution of the Mayor and Common Council of the City of San
Bernardino supporting AB 2022 (Longville) Courthouse
Construction funding. (See Attached)
MOTION: That said resolution be adopted.
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Development Services
34. Resolution of the Mayor and Common Council of the City of San
Bernardino in support of Assembly Bill 2863 - Housing Element
Reform. (See Attached) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Council Office
35. Request for an Alcoholic Beverage Control Type 41 on-sale beer
license for Ostioneria Colima located at 692 W. Fourth Street.
(See Attached) Ward 1
MOTION: That the Mayor and Common Council discuss and
take possible action regarding an Alcoholic Beverage
Control Type 41 on-sale beer license for Ostioneria
Colima located at 692 W. Fourth Street.
END OF STAFF REPORTS
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, MARCH 18, 2002 - 2:00 P.M.
PRESENT:
ABSENT:
R36. Request to initiate an amendment to the State College
Redevelopment Project Area to reestablish powers of eminent
domain. Wards 5 & 6
MOTION: That the Mayor and Common Council authorize the
initiation of an amendment to the State College
Redevelopment Project to reestablish the power of
eminent domain over non-residentially designated
property as described in the staff report from Gary Van
Osdel, dated March 7, 2002.
37. 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.)
38. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, April 1, 2002, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino.
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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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