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HomeMy WebLinkAbout12-17-2001Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 17, 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 16 & 17.) 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): Credit Bureau of San Bernardino, Inc., et al. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 71169; Shirley Goodwin v. City of San Bernardino - United States District Court Case No. EDCV 00-0057 VAP (FMO); George Minjarez and Linda Reyes v. Ronnie Garcia, City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 076208; 1 12/17/2001 1. Continued. San Bernardino Redevelopment Agency v. William Cooper - San Bernardino Superior Court Case No. SCVSS 67622; Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-03048; Manta Management v. City of San Bernardino - United States District Court Case No. SCV 18157; Stubblefield Construction Company, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 252058; Stephanie Battle, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 01-0327 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: HUB Properties (Item Continued on Next Page) 2 12/17/2001 1. Continued. Negotiating Parties: 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 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 0281-081-01 0281-081-02 0281-081-03 0281-081-04 0281-081-05 0281-082-05 0281-082-06 0281-082-07 0281-082-08 281-82-09 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 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 3 12/17/2001 1. Continued. 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 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 4 12/17/2001 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. A. Service Pin Awards Ceremony. 4. Announcemen ts by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 24 & S 1, 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 Developmen t Commission, be waived. 6. Council Minutes. (See Attached) MOTION: That the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino, be approved as submitted in typewritten form: September 17, 2001 October 15, 2001 December 10, 2001 (Distributed on 12/11/01) (Distributed on 12/12/01) (Distributed on 12/12/01) 5 12/17/2001 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated December 12, 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 December 13, 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. Animal Control 9. An ordinance of the City of San Bernardino amending Title Six of the San Bernardino Municipal Code relating to animals. (Backup material was distributed on November 19, 2001, Item No. 25; item was continued to December 3, 2001, Item No. 27.) FINAL READING MOTION: That the ordinance be tabled. City Administrator 10. Resolutions authorizing the execution of an agreement to jointly fund the consulting services of Strategic Education Services (SES) by and between the City of San Bernardino, the Board of Water Commissioners, and the Economic Development Agency. (See Attached) (Cost to the City -- $43,500 total project cost to be split equally among the City [General Fund], the Water Department and the Economic Development Agency.) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement with Strategic Education Services (SES) for consulting services. (Resolution not available at time of printing.) 6 12/17/2001 (Item Continued on Next Page) 10. Continued. B. Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Strategic Education Services by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Strategic Education Services (SES) by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. City Clerk 11. Approve regular Mayor and Common Council and Community Development Commission meeting dates for the calendar year 2002. (See Attached) MOTION: That the Mayor and Common Council and the Community Development Commission approve the following dates for regular meetings of the Mayor and Common Council/ Community Developmen t Commission for the year 2002: January 7 and 22; February 4 and 19; March 4 and 18; April 1 and 15; May 6 and 20; June 3 and 17; July 1 and 15; August 5 and 19; September 9 and 23; October 7 and 21; November 4 and 18; December 2 and 16. 12. Approve Certification of Northwest Project Area Committee election results - November 28, 2001. (See Attached) Ward 6 (Item Continued on Next Page) 7 12/17/2001 12. Continued. MOTION #1: MOTION #2: That the Mayor and Common Council declare that the adopted procedures for the Northwest Project Area Committee election held on November 28, 2001, were followed and further declare as official the results of the Northwest Project Area Committee Election, as set forth in the Certificate of Election results dated December 4, 2001, and the accompanying tally; and That the Community Development Commission recommend approval of the Northwest Project Area Committee as elected on November 28, 2001. 13. Designation of Voting Delegate for League of California Cities Annual Conference December 18-20, 2001. (See Attached) MOTION: That Council Member Lien be designated as the City of San Bernardino's voting representative for the League of California Cities Annual Conference to be held on December 18-20, 2001 in Sacramento, California. 14. Approve Local Appointments List. (See Attached) MOTION #1: MOTION #2: That the Mayor and Common Council approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct the City Clerk to send a copy of the list to the Feldheym Library, pursuant to Government Code Section 54973. That the Legislative Review Committee discuss and consider the status of the following five boards, commissions, or committees that are inactive, and recommend appropriate action: Commission for Disabled Persons, Relocation Appeals Board, Main Street Advisory Board, Cemetery Commission, and Central City Advisory Board. 8 12/17/2001 Development Services 15. Resolution of the City of San Bernardino approving the Final Map for Subdivision Tract No. 15977, located on the south of Kendall Drive between Walnut and Pine 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.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 16. Request to adopt the mitigated Negative Declaration for the renovation and retrofit of the Santa Fe Depot. (See Attached) Ward 1 MOTION: That the Mayor and Common Council adopt the mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. 17. Resolution of the City of San Bernardino approving Amendment No. 1 to Agreement for Professional Services with John Egan & Associates, Inc. for additional design work associated with the realignment of Laurelwood Drive from Tippecanoe Avenue to Orchard Drive. (See Attached) (Cost to the City -- $20,620 from the Street Construction Fund.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Lambco Engineering, Inc. for storm drain outlet structure repair on 40th Street Phase I, per Plan No. 10320. (See Attached) (Cost to the City -- $50,000 from the Storm Drain Construction Fund.) Ward 5 MOTION: That said resolution be adopted. 9 12/17/2001 19. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Malton Construction, for street improvements at 13th Street and "G" Street, per Plan 10220-A. (See Attached) (Cost to City -- $65,000 from Storm Drain Construction Fund.) Ward 2 MOTION: That said resolution be adopted. Economic Development Ae:encv LAID OVER FROM DECEMBER 3, 2001 20. 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 Meadowbrook/ Central City Redevelopment Project and certifying an Addendum to the 1975 Environmental Impact Report. FINAL READING (Backup material was distributed on December 3, 2001, Item No. R37.) MOTION: That said ordinance be adopted. Fire 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to L.N. Curtis & Sons in the amount of $100,027.68 for self contained breathing apparatus (SCBA). (See Attached) (Cost to the City -- $100,027.68 [$39,359 from the Federal and State Programs Fund, and $60,668.68 from the FMLC Escrow Account].) (Resolution not available at time of printing.) 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 a purchase order to Motorola Inc. in the amount of $48,493.00 for radio communication equipment. (See Attached) (Cost to the City -- $48,493 from the FMLC Escrow Account.) MOTION: That said resolution be adopted. 10 12/17/2001 Parks, Recreation & Community Services 23. Authorize the renaming of the Elks Field at Wildwood Park to Chuck Wilkinson Field, in honor of Chuck Wilkinson. (See Attached) (No cost to the City.) Ward 4 MOTION: That the Elks Field be officially named the Chuck Wilkinson Field. Police 24. Resolution of the City of San Bernardino awarding u.s. Armor a purchase order for ballistic vests, Threat Level II, in the amount of $50,000. (See Attached) (Cost to the City - $50,000 from the General Fund.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval by Personnel Committee on December 10, 2001 - Committee Members Present - Anderson and McCammack 25. Authorize deletion of Administrative Clerk III position and addition of a Customer Service Representative in the Facilities Management Division. (See Attached) (Cost to the City -- $980 from the General Fund.) MOTION #1: That the vacant position of Administrative Clerk III, be deleted, Range 1313, $2,115- $2,571jmonth; and MOTION #2: That a new position of Customer Service Representative, be added, Range 1320, $2,190- $2,662jmonth; and MOTION#3: That the Human Resources Department be directed to update Resolution No. 6413, Section Ten, and Resolution No. 97-244, to reflect this particular action. 11 12/17/2001 26. Authorize establishment of a salary for the position of Senior Deputy City Attorney. (See Attached) MOTION #1: MOTION #2: That the Mayor and Common Council establish the salary for Senior Deputy City Attorney at Range 4568, $7,544-$9, 144jmonth; and That the Human Resources Department be directed to update Resolution No. 6413, Section Fourteen to reflect this particular action. 27. Authorize establishment of an Athletic Field Maintenance TechnicianjWorker position in the Parks, Recreation & Community Services Department. (See Attached) (No cost to the City - cost to be funded by the Stadium.) MOTION # 1: That the Mayor and Common Council establish a new position of Athletic Field Maintenance Technician, Range 1361, $2,687-$3,266jmonth; and MOTION #2: MOTION #3: That the Human Resources Department be directed to update Resolution No. 6413, Section ten, and Resolution No. 97-244, to reflect this particular action. That the Director of Finance be directed to amend the FY 2001-02 Baseball Stadium Expenditure Budget by $39,900 in salary and benefits and a revenue increase in the Stadium fund in the amount of $44,700. END OF COMMITTEE CONSENT CONTINUED ITEMS City Attorney CONTINUED FROM DECEMBER 3, 2001 28. Submission of the Audit of the City of San Bernardino's Economic Development Agency's Contractual Relationship with Alvarez & Associates for services through the Acquisition, Rehabilitation and Resale and Mortgage Assistance Programs dated October 2001 by the Harvey M. Rose Accountancy Corporation. (Backup material was distributed on December 3, 2001, Item No. 31.) (Item Continued on Next Page) 12 12/17/2001 28. Continued. MOTION: That the Mayor and Common Council receive and file said audit report; and that the Economic Development Agency be directed to implement the 21 recommendations in the audit report. Public Services CONTINUED FROM DECEMBER 3, 2001 29. 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 New Staff Report) (Item was continued from November 5, 2001, Item No. 27; item was continued from November 19, 2001, Item No. 30; and item was continued from December 3, 2001, Item No. 29.) MOTION: That the Mayor and Common Council reject all bids in response to RFQ No. F-01-64, and direct the Purchasing Manager to readvertise for bids for this purchase. END OF CONTINUED ITEMS PLANNING ITEMS CONTINUED FROM NOVEMBER 19,2001 TO BE HEARD AT 11:00 A.M. 30. Public hearing - Development Code Amendment No. 01-05 - to expand the permitted uses at the Carousel Mall. (See Attached) (No cost to the City.) (Backup material was distributed on October 15, 2001, Item No. 25; and was continued from November 19, 2001, Item No. 29.) Wards 1 & 3 An Ordinance of the City of San Bernardino amending Section 19.06.020 of the San Bernardino Municipal Code (Development Code) to add permitted uses in the CR-1, Commercial Regional- Malls land use district. FIRST READING (Ordinance not available at time of printing.) Applicant: Sam Catalano Central City Company 295 Carousel Mall San Bernardino, CA 92403 13 12/17/2001 30. Continued. Request/Location: A request to amend the Development Code to expand the range of permitted uses in the CR-1, Commercial Regional-Malls land use district. The CR-1 district includes both Carousel Mall and Inland Center Mall. Mayor to open the hearing . . . MOTION: That the hearing be closed; and said ordinance be laid over for final adoption. TO BE HEARD AT 11:00 A.M. 31. Public hearing - General Plan Amendment No. 01-02 - to change the land use designation from RMH, Residential Medium High, to CG-1, Commercial General, for 5.28 acres. (See Attached) (No cost to the City.) Ward 7 Applicant: Paul Mobley United Strategies, Inc. 1905 Business Center Drive San Bernardino, CA 92408 Owner: Michael P. Sheppard 1545 Via Leon Palos Verdes Estates, CA 90274 Location/Request: The applicant requests a change in the land use designation of 5.28 acres from RMH, Residential Medium High, to CG-1, Commercial General. The proj ect site is located on the east side of Sterling Avenue, approximately 1,000 feet south of Highland Avenue. The site is immediately adjacent to the commercial center that fronts on Highland Avenue and the existing apartments to the east and south. Resolution of the City of San Bernardino adopting General Plan Amendment No. 01-02 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RMH, Residential Medium High, to CG-1, Commercial General, for 5.28 acres located on the east side of Sterling Avenue approximately 1,000 feet south of Highland Avenue. Mayor to open the hearing . . . 14 12/17/2001 31. Continued. MOTION: That the hearing be closed; and that said resolution be adopted. END OF PLANNING ITEMS STAFF REPORTS City Attorney 32. Authorization to join amicus curiae brief in support of the City of Sacramento in the case of Kay Barnes v. Jeffrey Gorman. (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 Kay Barnes v. Jeffrey Gorman. 33. Authorization to join amicus curiae brief in the case of Banana v. Central Contra Costa Transit Authority (CCCTA). (See Attached) MOTION: That the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief in the case of Banana v. Central Contra Costa Transit Authority (CCCTA). Animal Control 34. An ordinance of the City of San Bernardino amending Title Six of the San Bernardino Municipal Code relating to animals. FIRST READING MOTION: That said ordinance be laid over for final adoption. 35. Luncheon workshop - MIC - 12:00 noon - presentation by Strategic Education Services, State representatives, regarding legislative advocacy program. END OF STAFF REPORTS 15 12/17/2001 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, DECEMBER 17, 2001 - 2:00 P.M. PRESENT: ABSENT: R36. Resolution of the Community Development Commission approving and authorizing execution of the Development Agreement between the Redevelopment Agency and ANR Industries, Inc. for the construction of six (6) new single-family homes, within Neighborhood Initiative Program (NIP) Target Areas # 1 and #4. (See Attached) (Cost to the City -- $124,000 from Low Moderate Income Housing Funds.) (Resolution not available at time of printing.) Wards 2 & 3 MOTION: That said resolution be adopted. R37. Resolution of the Community Development Commission of the City of San Bernardino approving an Amendment No. 1 to a property owner redevelopmen t agreemen t by and between the Redevelopment Agency of the City of San Bernardino and Yellow Freight System, Inc., an Indiana Corporation and authorizing the execu tion of said amendment on behalf of the Redevelopment Agency of the City of San Bernardino. (See Attached) (Cost to the City -- $811,545 from Tax Increment.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 16 12/17/2001 R38. Resolution of the Community Development Commission of the City of San Bernardino referring certain properties to the Inland Valley Development Agency for acquisition pursuant to that certain 1999 Redevelopment Cooperation Agreement, Dated July 12, 1999, regarding the HUB Project and approving other actions in connection therewith. (See Attached) (Cost to the City -- $3,759 gross [$1,257,685 net] from Tax Increment.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 39. 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.) 40. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint meeting will be held at 8:00 a.m., Monday, January 7, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 17 12/17/2001 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. 18 12/17/2001