HomeMy WebLinkAbout08-20-2001Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, AUGUST 20, 2001 - 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 12-15.)
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):
Rhami Ghandour v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 70142;
Bailey v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 00-00991 VAP (SGLx);
Victoria Development Company v. Henri Traugott, et al. and
Cross-Actions - San Bernardino Superior Court Case No.
SCVSS 075996.
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1. Continued.
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. Conference with legal counsel - 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:
Ed Raya, Human Resources Director
Employee Organization:
San Bernardino Public Employees Association - General Unit
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
Property Address:
Parcel 11 former Norton Air Force
Base
Negotiating Parties:
Gary Van Osdel on behalf of the City
of San Bernardino and John
Magness on behalf of Hillwood
Developmen t
Under Negotiation:
Sale/Lease terms & conditions
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Board of Police Commissioners - J an Misquez - Council
Member McGinnis. (See Attached)
MOTION: That the appointment of Jan Misquez to the
Board of Police Commissioners, as requested by
Council Member McGinnis, be approved.
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 28, be adopted except for _, _, _,
_, _, _, _, _, and_.
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on
the regular, su pplemen tal and addend urn to the
su pplemen tal agendas of the Mayor and Common
Council/Community Development Commission be
waived.
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6.
Council Minutes.
(See Attached)
MOTION: That the minutes of the following meetings of the
Mayor and Common Council of the City of San
Bernardino, be approved as submitted in typewritten
form:
June 6, 2001
June 26, 2001
(Distributed on 8/14/01)
(Distributed on 8/8/01)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
August 15, 2001 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 August 14, 2001, in accordance with
Civil Service rules and Personnel policies adopted by
the Mayor and Common Council of the City of San
Bernardino, be approved and ratified.
City Clerk
9. A resolution of the City of San Bernardino, California, amending
Resolution No. 1999-173 relating to Dine & Dance/Entertainment
License Fee. (See Attached) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Development Services
LAID OVER FROM AUGUST 6, 2001
10. An Ordinance of the City of San Bernardino amending Chapter
G 19.10 (Development Design Guidelines) of the San Bernardino
Municipal Code (Development Code) to add text establishing
commercial design guidelines for the 40th Street Redevelopment
Project Area. FINAL READING (Backup material was
distributed on August 6, 2001, Item No. 15.) Ward 4
MOTION: That said ordinance be adopted.
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11. Resolution of the City of San Bernardino approving Amendment
No. 1 to Professional Services Agreement with Korve Engineering,
Inc. for preparing final plans, specifications, and estimate for the
design of street improvements on Pepper Linden. (See Attached)
(Cost to the City -- $45,000 from the Gas Tax Fund.)
(Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
12. 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 authorizing the
installation of a one-way stop at the intersection of Pico Avenue
and King Street. (See Attached) (Cost to the City -- $200 from
the General Fund.) Ward 3
MOTION: That said resolution be adopted.
13. 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 three
way stop at the intersection of Universal Avenue and Cambridge
Avenue. (See Attached) (Cost to the City -- $700 from the
General Fund.) Ward 5
MOTION: That said resolution be adopted.
14. 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 authorizing the
installation of a one-way stop at the intersection of Kenwood
Avenue and Niles Street and a two way stop at the intersection of
Kenwood Avenue and Evans Street. (See Attached) (Cost to the
City -- $700 from the General Fund.) Ward 2
MOTION: That said resolution be adopted.
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15. 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 west side of Meridian
Avenue between Second Street and three-hundred feet south of
Second Street. (See Attached) (Cost to the City -- $500 from
the General Fund.) Ward 3
MOTION: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the DBE goals for Federal Financial
Assistance Projects for the Fiscal Year 2001/2002, and approving
a new DBE Liaison Officer for the established Disadvantaged
Business Enterprise (DBE) Program. (See Attached) (No cost to
the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
17. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Steiny and Company, Inc. for
installation of a signalized pedestrian crossing on 4th Street
between "F" Street and "E" Street Per Plan No. 10059. (See
Attached) (Cost to the City -- $71,000 from the Gas Tax Fund.)
Ward 1
MOTION: That said resolution be adopted.
18. Resolution of the City of San Bernardino awarding a contract to
Trugreen Landcare for vine trimming at the San Bernardino Santa
Fe Depot. (See Attached) (Cost to the City -- $69,000 from the
Federal and State Programs Fund.) Ward 1
MOTION: That said resolution be adopted.
19. Resolution approving a Memorandum of Understanding regarding
a cost sharing agreement with G.F.R. Enterprises for debris basin
in Tract No. 12958. (See Attached) (Cost to the City -- $30,000
from the Storm Drain Fund.) (Resolution not available at time
of printing.) Ward 5
MOTION: That said resolution be adopted.
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Fire
20. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City of San Bernardino Fire
Department to enter into an agreement with the Office of San
Bernardino Coun ty Su perin tenden t of Schools Regional
Occu pational Program to provide men to ring services from
September 1, 2001 through June 30, 2005. (See Attached) (No
cost to the City.) All Wards
MOTION: That said resolution be adopted.
21. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to issue an
ann ual purchase order to Long Beach Uniform in the amount of
$40,000. (See Attached) (Cost to the City -- $40,000 from the
General Fund.)
MOTION: That said resolution be adopted.
22. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to issue an
annual purchase order to Allstar Fire Equipment Inc. in the
amount of $64,000 for replacement of fire safety clothing. (See
Attached) (Cost to the City -- $64,000 from the General Fund.)
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City of San Bernardino Fire
Department to enter into a billing services agreement with Stat
Physicians' Services for first responder, paramedic, and
membership program fees. (See Attached) (Cost to the City --
$46,410 from the General Fund.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
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Parks, Recreation & Community Services
24. Resolution authorizing an agreement between the City of San
Bernardino and California State University, San Bernardino
providing for the cooperative uses of the University's outdoor
athletic facilities and the City's Fiscalini Field, and terminating the
previous agreement under Resolution 97-26. (See Attached) (No
cost to the City.) Wards 5 & 7
MOTION: That said resolution be adopted.
Police
25. Resolution of the City of San Bernardino authorizing the
Purchasing Manager to issue a purchase order in the amount of
$52,716 to Motorola Incorporated of Riverside, CA for the purchase
of (40) Motorola LTS2000 Handie-Talkie (HT) radios. (See Attached)
(Cost to the City -- $52,716 from the Federal and State
Programs Fund.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Public Services
26. Resolution of the City of San Bernardino authorizing the execution
of an annual purchase order, with two (2) single year renewal
options with Toter Incorporated for purchase of automated carts
for residential refuse services. (See Attached) (Cost to the City --
$224,000 from the Refuse Fund.) All Wards
MOTION: That said resolution be adopted.
27. Resolution authorizing the execution of a purchase order to Nixon-
Egli Company for a used Lee-Boy paving machine and a purchase
order to Nixon-Egli Equipment Company for a new Lee-Boy
emulsion trailer to be utilized by the Public Services Street
Division. (See Attached) (Cost to the City -- $52,779.68 from
the General Fund.)
MOTION: That said resolution be adopted.
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28. Resolution authorizing the Mayor to execute the second
amendment to the agreement between the City and Bryan A.
Stirrat and Associates relating to closure and main tenance
engineering services at the former Waterman Landfill. (See
Attached) (Cost to the City -- $6,353 from the Refuse Fund.)
(Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval bv the Lee:islative Review
Committee on Aue:ust 9, 2001 - Committee Members present:
Lien and Schnetz
29. A resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the establishment of a voluntary
contribution check-off program to support Action for Better Cities
through voluntary financial assistance. (No cost to the City.)
MOTION: That said resolution be adopted.
LAID OVER FROM AUGUST 6, 2001
30. An ordinance of the City of San Bernardino amending Section
8.24.280 of the San Bernardino Municipal Code relating to
violation and penalty of Chapter 8.24. FINAL READING (Backup
material was distributed on August 6, 2001, Item No. 16.)
MOTION: That said ordinance be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 10:00 A.M.
31. Public hearing - resolution authorizing execution of an agreement
- sale of City property, northwest of University Parkway, northeast
of Kendall Drive. (See Attached) (No cost to the City.) Ward 5
(Item Continued on Next Page)
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31. Continued.
Resolution of the City of San Bernardino directing and authorizing
the execution of a Sales and Purchase Agreement and the
execution of a Quitclaim Deed for the sale of City property
generally located northwesterly of University Parkway,
northeasterly of Kendall Drive in the City of San Bernardino.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
END PUBLIC HEARINGS
STAFF REPORTS
City Attornev
32. An Ordinance of the City of San Bernardino adding Section
9.92.010 through 9.92.120 to the San Bernardino Municipal Code
to establish an Administrative Citation Program. (Ordinance not
available at time of printing.)
MOTION: That said ordinance be referred to the Legislative
Review Committee.
33. Authorization to join amicus curiae brief in support of the City of
Sacramento in the case of Barden v. City of Sacramento. (See
Attached)
MOTION: That the Mayor and Common Council authorize the
City Attorney to join in the amicus curiae brief in
support of the City of Sacramento in the case of
Barden v. City of Sacramento.
Fire
34. Ordinance of the City of San Bernardino adding Section 15.16.400
to the San Bernardino Municipal Code, designating the Building
Official as an authorized representative of the Fire Chief to enforce
building standards adopted by the California State Fire Marshal
related to new construction or alterations. FIRST READING (See
Attached) (No cost to the City.) (Ordinance not available at
time of printing.)
MOTION: That said ordinance be laid over for final adoption.
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CONTINUED ITEMS
Police
CONTINUED FROM JULY 23,2001
35. Resolution of the City of San Bernardino authorizing the Mayor of
San Bernardino to execute a services agreement with the San
Bernardino City Unified School District for the operation of the
School Crossing Guards Program by the Police Department. (Cost
to the City for Program $288,400 - Agreement obligates San
Bernardino City School District to pay for one-half of cost, not
to exceed $144,200 for FY 2001/2002.) (Backup material was
distributed on July 23, 2001, Item No. 20.)
MOTION: That the matter be continued to September 4, 2001.
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
36. Finding of consistency with the General Plan - development of a
high school in the CCS-1, Central City South land use district.
(See Attached) (No cost to the City.) Ward 3
MOTION: That the Mayor and Common Council make a
determination that the acquisition of property and
development of a high school in the Central City South
Plan area is not consistent with the City's General
Plan.
END OF PLANNING ITEMS
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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, AUGUST 20, 2001 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R37. Joint Public Hearing -Tippecanoe Retail Project - In-N-Out Owner
Participation Agreement (OPA).
MOTION: That the Community Development Commission and
Mayor and Common Council continue the Joint Public
Hearing to September 4, 2001.
TO BE HEARD AT 2:00 P.M.
R38. Joint Public Hearing - amendment to extend eminent domain
power on non-residential property in the Mt. Vernon Corridor
Redevelopment Project. (See Attached) Wards 1, 3 & 6
Mayor to open the hearing . . .
(Communitv Development Commission)
Resolution of the Community Development Commission of the City
of San Bernardino, making a finding that conditions of blight
burden the Redevelopment Project Area of the Mt. Vernon Corridor
Redevelopment Project, approving the Section 33352 Report to the
Mayor and Common Council on the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Mt. Vernon Corridor
Redevelopment Project, and recommending the Certification of the
Addendum to the 1990 Environmental Impact Report.
(Item Continued on Next Page)
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R38. Continued.
(Mavor and Common Council)
An Ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and
Common Council and adopting the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Mt. Vernon Corridor
Redevelopment Project and certifying an Addendum to the 1990
Environmental Impact Report. FIRST READING
MOTION:
That the Community Development Commission
and Mayor and Common Council close the joint
public hearing and consider written objections to
the 2001 Eminent Domain Amendment and
direct preparation of written findings in response
thereto as applicable; that said resolution be
adopted; and that said ordinance be laid over for
final adoption.
TO BE HEARD AT 2:00 P.M.
R39. Joint Public Hearing - amendment to re-establish eminent domain
power on non-residential property in the Central City South
Redevelopment Project. (See Attached) Wards 1 & 3
Mayor to open the hearing . . .
(Communitv Development Commission)
Resolution of the Community Development Commission of the City
of San Bernardino, making a finding that conditions of blight
burden the Redevelopment Project Area of the Central City South
Redevelopment Project, approving the Section 33352 Report to the
Mayor and Common Council on the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Central City South
Redevelopment, approving the 2001 Domain Amendment to the
Redevelopmen t Plan and recommending the certification of the
Addendum to the 1976 Environmental Impact Report.
(Item Continued on Next Page)
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R39. Continued.
An Ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and
Common Council and adopting the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Central City South
Redevelopment and certifying an Addendum to the 1976
Environmental Impact Report. FIRST READING
MOTION: That the Community Development Commission and
Mayor and Common Council close the Joint Public
Hearing and consider written objections to the 2001
Eminen t Domain Amendment and direct preparation
of written findings in response thereto as applicable;
that said resolution be adopted; and that said
ordinance be laid over for final adoption.
R40.
TO BE HEARD AT 2:00 P.M.
Pu blic Hearing - Reprogramming
Community Development Block
Attached)
of 1999/2000 and 2001/2002
Grant (CDBG) funds. (See
All Wards
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and
Common Council (1) approve the reprogramming of
1999/2000 and 2001/2002 CDBG funds to the Code
Compliance Blight Eradication Program and for the
Arden-Guthrie Parking Lot Improvements and (2)
terminate the CDBG Agreement by and between the
City of San Bernardino and Los Padrinos Youth
Services, Inc., as approved by the Mayor and Common
Council Resolution No. 2001-104.
Code Compliance
41. Resolution of the City of San Bernardino authorizing execution of a
new Services Agreement with Los Padrinos, Youth Services Inc. a
non-profit organization, and rescinding Resolution 2001-46
thereby terminating the existing agreement. (See Attached) (Cost
to the City -- $434,533 from the General Fund.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
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R42. Resolution of the Community Development Commission of the City
of San Bernardino, California, approving an amendment to Exhibit
"B" of the personnel policies and procedures for all employees of
the City of San Bernardino Economic Development Agency. (See
Attached)
MOTION: That said resolution be adopted.
R43. Resolution of the Community Development Commission of the City
of San Bernardino authorizing and approving an Exclusive Right to
Negotiate Agreement with GFR Enterprises, Inc., related to AP
#261-191-27,28,29 and 30, commonly known as the Glacier's
property in north San Bernardino ("The Site") for single family
housing development. (See Attached) (Resolution not available
at time of printing.) Ward 5
MOTION: That said resolution be adopted.
R44. Request to accept donated property located at 1650 North Sierra
Way. (See Attached)
MOTION: That the Community Development Commission
approve and accept the donated property located at
1650 North Sierra Way, NIP #1, from the County of
San Bernardino to the Redevelopment Agency to utilize
for the purposes noted in the Staff Report dated
August 9, 2001.
R45. Resolution of the Community Development Commission of the City
San Bernardino authorizing and approving a $75,000 housing loan
per the terms of the promissory note to Wayne L. & Dolores
Browning, Gary F. & Janet Schones and David P. & Peggy Lansing,
the "joint owners" of the Cypress Inn Mobile Home Park located at
2057 Mt. Vernon Avenue - Northwest Redevelopment Project Area.
(See Attached) (Resolution not available at time of printing.)
Ward 6
MOTION: That said resolution be adopted.
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46. 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.)
47. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Tuesday, September 4, 2001 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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