HomeMy WebLinkAbout11-05-2001Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 5, 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 & 13.)
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):
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.
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11/5/2001
1. Continued.
D. Closed Session - personnel - pursuant to Government Code
Section 54957.
Appointment
Police Chief
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
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
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
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11/5/2001
1. Continued.
0281-082-27
0281-082-28
0281-082-29
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
Under Negotiation:
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.
Purchase terms & conditions
END OF CLOSED SESSION
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11/5/2001
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Fire Commission - Bobbie J. Johnson - Council Member
McGinnis. (See Attached)
MOTION: That the appointment of Bobbie Johnson to the
Fire Commission, as requested by Council
Member McGinnis, be approved.
3. Presentations.
A. Third Quarter Customer Service Award.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 27, 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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11/5/2001
6.
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:
June 25, 2001
July 9, 2001
July 23, 2001
(Distributed on 10/23/01)
(Distributed on 10/16/01)
(Distributed on 10/31/01)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
October 24, 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 October 31,2001, 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 Administrator
9. Authorize establishment of a non-profit foundation in support of
the Santa Fe Depot. (See Attached) (No cost to the City.)
MOTION: That the establishment of a non-profit foundation,
"Friends of the Depot", be authorized in support of the
Santa Fe Depot.
10. Authorize submittal of a grant application for Caltrans Community
Based Transportation Planning funds for the development of a
Santa Fe Depot Area Plan. (See Attached) (Cost to the City
$56,000 in matching funds if the grant is awarded.) Ward 1
(Item Continued on Next Page)
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11/5/2001
10. Continued.
MOTION #1:
That the Mayor and Common Council authorize
the submittal of the application for Caltrans
Community Based Transportation Planning
funds in the amount of $280,000;
MOTION #2:
That the Mayor and Common Council commit to
allocating the required local matching funds of
$56,000 (if the project is selected for funding.)
City Attorney
11. An Ordinance of the City of San Bernardino amending Section
10.16.120 of the San Bernardino Municipal Code relating to
parking of motor trucks in a residential district. FINAL READING
(Backup material was distributed on October 15, 2001, Item
No. 26.)
MOTION: That the ordinance be continued to the Council
meeting of November 19, 2001.
12. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odium, & Haws and the City of San
Bernardino to represent the City in the case of Lavon Dwyer, et al.
v. City of San Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
Development Services
13. Resolution authorizing the City Administrator or his designee to
execute all Program Supplements to the Master Agreement for
Federal-Aid Projects No. 97-114. (See Attached) (No cost to the
City.)
MOTION: That said resolution be adopted.
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11/5/2001
14. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to increase
existing purchase orders with Berryman & Henigar, Esgil
Corporation and Willdan for professional plan check services.
(See Attached) (No cost to the General Fund.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino approving professional
services agreements with Willdan and Engineering Resources of
Sou thern California, Inc. for engineering plan checking services
and development review. (See Attached) (Cost to the City --
$75,000 from the Special Deposits Fund.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
16. Resolution of the City of San Bernardino authorizing the execution
of Amendment No. 1 to the Professional Engineering Services
Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for
professional engineering services for the design of the Mount
Vernon Avenue viaduct over the BNSF Railroad. (See Attached)
(Cost to the City -- $19,700 from the Street Construction
Fund.) Wards 1 & 3
MOTION: That said resolution be adopted.
17. Resolution of the City of San Bernardino establishing and setting
fair market value and sales price of $1,000.00 and declaring the
intention of the City to sell property generally located at the
northwest corner of Washington Street and Waterman Avenue in
the City of San Bernardino, and setting a public hearing to
consider said sale. (See Attached) (No cost to the City.) Ward 3
MOTION: That the Director of Development Services be
authorized to proceed with the sale of City property,
being a portion of the vacated portion of the northwest
corner of Washington Street and Waterman Avenue;
and that said resolution be adopted.
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11/5/2001
18. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a con tract to All American Asphalt for
pavement rehabilitation on Mt. Vernon Avenue from 9th Street to
Base Line Street per Plan No. 10243. (See Attached) (Cost to the
City -- $146,617.90 from the Y2 Cent Sales and Road Tax
Fund.) (Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a con tract to D & L Paving for pavement
rehabilitation on Pepper Avenue between Birch Street and Rialto
Avenue per Plan No. 10263. (See Attached) (Cost to the City --
$228,000 from the Y2 Cent Sales and Road Tax Fund.)
(Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
20. Resolution of the City of San Bernardino acknowledging that San
Bernardino International Trade Center Specific Plan Mitigation
Measure Nos. 7-1 and 10-1 have been satisfied by the Inland
Valley Development Agency with respect to the development project
proposed by Kohl's Inc., affecting a portion of "Parcel 1-3" at the
former Norton Air Force Base. (See Attached) (No cost to the
City.) Ward 1
MOTION: That said resolution be adopted.
Facilities Manae:ement
21. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of Change Order No. One to
the contract with R. Moody Construction, Inc. for the addition of
two large catch basins at the Animal Shelter in the amount of
$1,800.00. (See Attached) (Cost to the City -- $1,800 from the
General Fund.) Ward 3
MOTION: That said resolution be adopted.
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11/5/2001
22. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of Change Order No. One to
the contract with R. Moody Construction, Inc. for the addition of
two 3.5-ton HVAC units and other minor contract changes at the
City Yard in the amount of $7,930. (See Attached) (Cost to the
City -- $7,930 from the General Fund.) Ward 1
MOTION: That said resolution be adopted.
Finance
23. Resolution of the City of San Bernardino approving the Escrow
Amendment to the Master Lease Agreement (Resolution 98-178)
with First Municipal Leasing Corporation for the furnishing of lease
purchase financing. (See Attached) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
24. Fiscal Year 2000-2001 to Fiscal Year 2001-2002 Continuing
Appropriations and Encumbrance Carryovers. (See Attached)
MOTION: That the Mayor and Common Council approve the
attached listing of FY 2000-2001 Continuing
Appropriations and Encumbrance Carryovers into FY
2001-2002.
Police
25. Resolution of the City of San Bernardino authorizing the obligation
and expenditure of the allocated Citizens Option for Public Safety
(COPS Option) monies for FY 01/02 to supplement front-line law
enforcement support services. (See Attached) (No cost to the
City -- $380,439.99 from the Federal & State Programs Funds.)
MOTION: That said resolution be adopted.
Public Services
26. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a purchase order to Crest
Chevrolet, for one (1) 2002 4-wheel drive utility vehicle to be
utilized by the Fire Department. (See Attached) (Cost to the City
-- $33,083.67 from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
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11/5/2001
27. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a purchase order to Rotolo
Chevrolet for one (1) 2002 one-ton truck with service body to be
utilized by the Fire Department. (See Attached) (Cost to the City -
- $32,686.89 from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEEE CONSENT
Recommended for approval by the Ways and Means Committee
on October 31, 2001 - Council Members Present: McGinnis &
McCammack
28. Receive and file the FY 00-01 Preliminary Y ear- End Report and the
FY 01-02 First Quarter Report and amend the FY 01-02 Budget.
(See Attached)
MOTION #1:
That the Mayor and Common Council receive
and file the FY 00-01 Preliminary Y ear- End
Report and the FY 01-02 First Quarter Report;
and
MOTION #2:
That the Director of Finance be authorized to
amend the FY 01-02 Budget and appropriate
$2, 195,900 from the unan tici pated additional
General Fund balance as follows: $668,500 to
replenish the General Fund Budget Reserve;
$306,000 to transfer to the Cemetery Fund;
$436, 000 to transfer to the Baseball Fund; and
$785,400 to transfer to the Worker's
Compensation Fund.
STAFF REPORTS
City Attorney
29. Authorization to join amicus curiae brief in support of the City of
Lafayette in the case of Loewenstein v. City of Lafayette. (See
Attached) (No cost to the City.)
(Item Continued on Next Page)
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11/5/2001
29. Continued.
MOTION: That the Mayor and Common Council authorize the
City Attorney to join in the amicus curiae brief in
support of the City of Lafayette in the case of
Loewenstein v. City of Lafayette.
30. An Ordinance of the City of San Bernardino adding Section
15.04.230 to the San Bernardino Municipal Code amending
Section 305-3(b) of the National Electrical Code, 1996 Edition,
relating to time constraints on temporary electrical power and
lighting installations for decorative lighting and similar purposes.
(See Attached) FIRST READING
MOTION: That said ordinance be laid over for final adoption; and
that said ordinance also be referred to the Legislative
Review Committee.
Council Office
31. League of California Cities Legislative Task Force update.
TO BE HEARD AT 12 NOON
32. Joint Mayor and Common Council and Planning Commission
luncheon workshop - November 5,2001, at 12:00 p.m. in the EDA
Boardroom - Presentation of the Economic Analysis Report related
to the General Plan update by David Wilcox of ERA.
END OF STAFF REPORTS
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11/5/2001
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, NOVEMBER 5, 2001 - 2:00 P.M.
PRESENT:
ABSENT:
R33. Resolution of the Community Development Commission of the City
of San Bernardino approving and authorizing the Executive
Director to execute Amendment No. 1 to the agreement between
the Redevelopment Agency and Oldtimers Foundation, Inc., in the
amount of $40,000, to continue the Elderly/Special Needs Minor
Home Repair Grant Program. (See Attached)
MOTION: That said resolution be adopted.
R34. Staff recommendation on prioritization on the use of bond
proceeds. (See Attached)
MOTION: That the Community Development Commission
approve staff recommendations for the prioritization of
the use of bond proceeds for the proposed Forward
Current/ Advance Refunding of the 1995 Series A Tax
Allocation Bonds and the proposed bond financing for
the Mount Vernon Redevelopment Project.
CONTINUED FROM OCTOBER 15,2001
R35. Request to schedule a Joint Public Hearing - amendment for
Central City/Meadowbrook. (See Attached New Staff Report) (Item
was continued from October 15, 2001, Item No. R29.) Ward 1
(Item Continued on Next Page)
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11/5/2001
R35. Continued.
(Community Development Commission)
A. Resolution of the Community Development Commission of the
City of San Bernardino making certain findings regarding a
proposed amendmen t of the Redevelopmen t Plan for the
Meadowbrook/Central City Redevelopment Project and setting
the date of a joint public hearing with the Mayor and Common
Council of the City of San Bernardino to consider an
amendmen t to the Redevelopment Plan to restore eminent
domain powers to acquire non-residentially occupied property.
(Mayor and Common Council)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino making certain findings regarding a proposed
amendmen t of the Redevelopmen t Plan for the
Meadowbrook/Central City Redevelopment Project and setting
the date of a joint public hearing with the Community
Development Commission of the City of San Bernardino to
consider an amendment to the Redevelopment Plan to restore
eminent domain powers to acquire non-residentially occupied
property.
MOTION:
That said resolutions A & B, be adopted.
R36. Tippecanoe Retail Project - Inland Valley Development Agency.
(See Attached) Ward 3
MOTION: That the Community Development Commission
au thorize the Executive Director to execute the
Redevelopment Condemnation Memorandum dated
November 5, 2001, by and between the Inland Valley
Developmen t Agency and the Redevelopment Agency of
the City of San Bernardino together with such non-
su bstan tive changes as are approved by Agency
Special Counsel.
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11/5/2001
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, November 19, 2001, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
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11/5/2001
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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11/5/2001