HomeMy WebLinkAbout07-15-2002 Jt. Reg Mtg
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, JULY 15, 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 pages 15 & 16.)
CALL TO ORDER:
PRESENT:
ABSENT:
NOTE: The meeting of the Mayor and Common Council will adjourn
until 1:30 p.m., at which time closed session matters will be
discussed. The public agenda will begin at 3:00 p.m.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address 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 public.
CLOSED SESSION
I. 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 - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
1
07/15/2002
1. Continued.
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;
In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation,
Case No. RS 02-I8493MG;
City of San Bernardino v. CYSA - South San Bernardino Soccer
Foundation, et al. - San Bernardino Superior Court Case No. CSB
213237;
Manta Management v. City of San Bernardino - San Bernardino
Superior Court Case No. SCV i8i57.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (i), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with iegal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Ciosed Session - personnel - pursuant to Government Code Section
54957 :
Position Titles
City Administrator (contract amendment)
Code Compliance Director (contract amendment)
Fire Chief (contract amendment)
Executive Director, EDA (contract amendment)
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.
(Item Continued on Next Page)
2
07115/2002
1. Continued.
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.
END OF CLOSED SESSION
3
07/15/2002
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
4. Announcements by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
26, 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,
supplemental and addendum to the supplemental agendas of the
Mayor and Common Council/Community Development
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:
June 3, 2002
June 5, 2002
(Distributed on 6/24/02)
(Distributed on 7/2/02)
4
07/1512002
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the anthorization to issue
warrants as listed on the memorandum dated July 9, 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 July 8, 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 Administrator
9. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a Master Services Agreement by and between the Inland Valley
Development Agency and the City of San Bernardino for provision of City
Services for Fiscal Year 2002/2003. (See Attached) (No cost to the City --
$120,800 will be reimbursed to the City.) (Resolution not available at time
of printing.) Ward 1
MOTION: That said resolution be adopted.
City Attorney
LAID OVER FROM JULY 1, 2002
10. An Ordinance of the City of San Bernardino repealing Chapter 3.54 of the San
Bernardino Municipal Code and adding Chapter 3.55 to the San Bernardino
Municipal Code relating to Transient Lodging Tax. FINAL READING
(Backup material was distributed on July 1, 2002, Item No. S-1.)
MOTION: That said ordinance be adopted.
II. 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
and designated City Departments, in all proceedings in regard to, or arising out
of, a specified disciplinary action. (See Attached)
MOTION: That said resolution be adopted.
5
07/15/2002
City Clerk
12. Resolution of the City of San Bernardino amending Resolution No. 96-188 by
adding Dine and Dance/Entertainment registration fees. (See Attached) (No
cost to the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
directing the City Clerk to continue the commencement of each Mayor and
Common Council meeting for the months of August through December, 2002,
from 8:00 a.m. to 1:30 p.m., with the Community Development Commission
meeting to follow thereafter. (See Attached)
MOTION: That said resolution be adopted.
Development Services
LAID OVER FROM JULY 1,2002
14. An Ordinance of the City of San Bernardino amending Section 19.02.050
(Definitions) and Section V, Index, of the San Bernardino Municipal Code
(Development Code) to delete the term "transient basis". FINAL READING
(Backup material was distributed on July 1, 2002, Item No. 28.)
MOTION: That said ordinance be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding contract to Dalaj International Corp. for bridge seismic retrofit at four
locations and replacement of rail barrier at Rialto Avenue, per Plan No. 10309.
(See Attached) (Cost to the City -- $1,202,118 from Federal and State
Programs Fund and Measure I Fund.) (Resolution not available at time of
printing.) Wards 1, 3, & 6
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to establish Account No. 242-362-5504-1748 in the
amount of $223,200 and Account No. 129-367-5504-1748 in the
amount of $28,920 from Measure I funding in the FY 2002/03
budget and also increase the corresponding revenue Account No.
242-000-4658 (Federal reimbursement) by $223,200 to reflect the
Federal reimbursement to be received for Rialto A venue at
Burlington Northern Santa Fe Railroad Crossing (replace rail
barrier) .
6
07/15/2002
16. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to International Pavement Solutions, Inc. for construction of
ADA access ramps, and sidewalks at various locations, per Plan No. 10436.
(See Attached) (Cost to the City -- $85,000 from the Gas Tax and the '12 Cent
Sales and Road Tax Fund.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
17. Resolution of the City of San Bernardino declaring its intention to order the
vacation of a portion of 10"' Street from Montgomery Street, West to "J" Street.
(See Attached) (No cost to the City -- $1,000 processing fee paid by
applicant.) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
18. Resolution of the City of San Bernardino preliminarily determining that the
public convenience and necessity require the formation of a landscape
maintenance assessment district located in the Ohio A venue and Walnut A venue
area without compliance with the Investigation, Limitation and Majority Protest
Act of 1931; declaring its intention to proceed to order work within the district,
to be known as Assessment District No. 1028; preliminarily approving the
Engineer's Report and giving notice of a public meeting and public hearing.
(See Attached) (No cost to the City -- $4,000 processing fee paid by
applicant. (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
19. Resolution of the City of San Bernardino authorizing the execution of a
cooperative agreement between the City of San Bernardino and the City of
Colton for a traffic signal at Hunts Lane and Cooley Lane. (See Attached) (No
cost to the City.) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
20. Resolution of the City of San Bernardino ordering the summary vacation of an
easement for the future extension of Indian Canyon Court located across Lot 8,
Tract 13470. in the City of San Bernardino. (See Attached) (No cost to the
City -- $500 processing fee paid by applicant.) (Resolution not available at
time of printing.) Ward 4
7
07/15/2002
20. Continued.
MOTION: That Plan No. 10499, depicting the proposed summary vacation
of the future extension of Indian Canyon Court, be approved; and
that said resolution be adopted.
21. Authorization to proceed and plan approval- proposed vacation of portions of
Waterman A venue frontage road, south of Caroline Street, north of Union
Pacific Railroad. (See Attached) (No cost to the City -- $1,000 processing fee
to be paid by applicant.) Ward 3
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed with the proposed vacation of portions of
Waterman A venue, south of Caroline Street, north of Union
Pacific Railroad, and that Plan No. 10421, depicting the proposed
vacation, be approved; and that the Director of Development
Services be authorized to prepare a lease agreement to be
executed contingent upon completion of the vacation.
22. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a Freeway Agreement with the State of California, Department of
Transportation (Caltrans) for the State Route 215 Freeway. (See Attached)
(Resolution not available at time of printing.) Wards 5 & 6
MOTION: That said resolution be adopted.
23. Authorization to proceed and plan approval - proposed vacation of portions of
Rosewood Drive, between Orchard Drive and Tippecanoe A venue and Orchard
Drive, south of Rosewood Drive. (See Attached) Ward 3
MOTION: That the Director of Development Services be authorized to
proceed with the proposed vacation of portions of Rosewood
Drive, between Orchard Drive and Tippecanoe A venue and
Orchard Drive, south of Rosewood Drive and that Plan No.
10503, depicting the proposed vacation, be approved.
8
07/15/2002
Parks, Recreation & Community Services
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase in the purchase order to W. Wood and Associates for
field restoration at the San Bernardino Soccer Complex. (Resolution not
available at tbe time of printing.)
MOTION: That said resolution be adopted.
Public Services
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Crest Chevrolet for the
purchase of two (2) 2003 15-passenger Express Vans to be utilized by the Public
Services Street Division. (See Attached) (Cost to the City -- $50,057.72 from
the Motor Pool Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase of purchase order to E-W Truck and Equipment Co. for
the furnishing and delivery of one (1) 2003 Volvo VHD64F 3 Axle Dump Truck
Chassis to be utilized by the Public Services Street Division. (See Attached)
(Resolution not available at time of printing.) (Cost to the City -- $9,277 .27
from Motor Pool Fund.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARING
City Clerk
TO BE HEARD AT 4:00 P.M.
27. Public hearing - resolution imposing liens on real property located in the City of
San Bernardino for uncollected business registration fees. (See Attached) (No
cost to the City.)
Resolution of the City of San Bernardino imposing liens on certain parcels of
real property located within the City of San Bernardino for uncollected business
registration fees. (Resolution not available at time of printing.)
(Item Continued on Next Page)
9
07/15/2002
27. Continued.
Mayor to open the hearing. . .
MOTION: That the hearing be closed; that the City Clerk be directed to
administratively remove any properties which have been paid;
and that said resolution be adopted.
TO BE HEARD AT 4:00 P.M.
28. Public hearing - resolution amending Resolution No. 1999-173 to increase
administrative fees for business registration liens. (See Attached) (No cost to
the City.)
Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution No. 1999-173 relating to administrative fees for business
registration liens. (Resolution not available at time of printing.)
Mayor to open the hearing. . .
MOTION: That the hearing be closed; and that said resolution be adopted.
29. Appeal hearing - Bureau of Franchise - Petition for Franchise Permit for AAA
Inland Empire Cab. (See Attached)
Mayor to open the hearing. . .
MOTION #1:
That the hearing be closed; and that the Mayor and
Common Council uphold the Bureau of Franchises' denial
of a Petition for Franchise Permit for AAA Inland Empire
Cab to operate 25 taxicabs in the City of San Bernardino;
or
MOTION #2:
That the hearing be closed; and that the Mayor and
Common Council grant the appeal for a Petition of
Franchise Permit for AAA Inland Empire Cab to operate
25 taxicabs in the City of San Bernardino.
END OF PUBLIC HEARINGS
10
07/15/2002
STAFF REPORTS
City Attorney's Office
30. Resolutions - submitting a ballot measure relative to the transient lodging tax
and calling a Special Municipal Election.
A. Resolution of the City of San Bernardino submitting to the qualified
electors of said City for their approval a ballot measure relating to the
City's transient lodging tax; transmission of the proposed ballot measure
to the Office of the City Attorney for purposes of preparation of an
impartial analysis. (Resolution not available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed new
transient lodging tax and requesting that said City of San Bernardino's
Special Municipal Election be consolidated with the November 5, 2002
Statewide General Election conducted by the County of San Bernardino.
(Resolution not available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
31 . Resolutions proposing an amendment to the Charter relating to the salary of the
Mayor and calling a Special Municipal Election.
A. Resolution of the City of San Bernardino proposing an amendment to the
Charter of said City relating to the salary of the Mayor. (Resolution not
available at time of printing.)
B. Resolution of the City of San Bernardino submitting to the qualified
electors of said City for their approval a proposed Charter Amendment
relating to the salary of the Mayor; transmission of the proposed Charter
Amendment to the Office of the City Attorney for purposes of
preparation of an impartial analysis. (Resolution not available at time
of printing.)
C. Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment relating to the salary of the Mayor and requesting that said
City of San Bernardino's Special Municipal Election be consolidated
with the November 5, 2002, Statewide General Election conducted by
the County of San Bernardino. (Resolution not available at time of
printing.)
MOTION: That said resolutions A-C, be adopted.
11
07/15/2002
32. Resolutions proposing an amendment to the Charter relating to the salary of the
Council Members and calling a Special Municipal Election.
A. Resolution of the City of San Bernardino proposing an amendment to the
Charter of said City of San Bernardino relating to the salary of Council
Members. (Resolution not available at time of printing.)
B. Resolution of the City of San Bernardino submitting to the qualified
electors of said City for their approval a proposed Charter Amendment
relating to the salary of Council Members; transmission of the proposed
Charter Amendment to the Office of the City Attorney for purposes of
preparation of an impartial analysis. (Resolution not available at time
of printing.)
C. Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a proposed Charter
Amendment relating to the salary of the Council Members and
requesting that said City of San Bernardino's Special Municipal Election
be consolidated with the November 5, 2002 Statewide General Election
conducted by the County of San Bernardino. (Resolution not available
at time of printing.)
MOTION: That said resolutions A-C, be adopted.
Development Services
33. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting the 2002/2003 to 2006/2007 Capital Improvement Program. (See
Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
34. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the submittal and $30,000 local match requirements for a grant
application for the Environmental Justice: Context-Sensitive Planning for
Communities Program. (See Related Item No. 35)
MOTION: That said resolution be adopted.
12
07115/2002
CONTINUED ITEMS
Development Services
CONTINUED FROM JULY 1, 2002
35. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the submittal and combined $60,500 local match requirement of two
grant applications for the Environmental Justice: Context-Sensitive Planning for
Communities Program. (Backup material was distributed on July 1, 2002,
Item No. 13.) (See Related Item No. 34 for New Staff Report and Resolution
title.)
MOTION: That the matter be tabled.
CONTINUED FROM JUNE 17, 2002
36. Authorization to proceed with the proposed annexation of three County islands
located generally east of Central A venue, north of Atlantic A venue. (Backup
material was distributed on June 17, 2002, Item No. 23.)
MOTION: That the matter be continued to August 5,2002.
END OF CONTINUED ITEMS
13
0711512002
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, JULY 15, 2002 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
37. Appeal of Planning Commission denial of Conditional Use Permit No. 02-01 -
establishment of an indoor retail concession mall and pre-owned car sales lot at
the southwest corner of "E" Street and S. Mall Way. (See Attached) Ward 3
Owner/Applicant:
Jose Jara
741 S. Allen Street
San Bernardino, CA 92408
Request/Location: The applicant is requesting that the Mayor and Council
approve his request to establish an indoor retail concession mall in the vacant
Toys R Us building and a used car sales lot at the adjacent, vacant bank
building. Both properties are located on South "E" Street, south of the South
Mall Way entrance to Inland Center Mall.
Mayor to open the hearing. . .
MOTION: That the hearing be closed; that the Mayor and Common Council
grant the appeal based on the Findings of Fact (Exhibit 2), subject
to the Conditions of Approval (Exhibit 6) and Standard
Requirements (Exhibit 2).
END OF PLANNING ITEMS
14
07/15/2002
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R38. A Resolution of the Community Development Commission of the City of San
Bernardino approving a new jobs Redevelopment Grant Agreement by and
between the Redevelopment Agency of the City of San Bernardino and Rosina
Gallardo, DBA Amapola Rico Taco and authorizing the execution of a Grant
Agreement by the Executive Director on behalf of the Redevelopment Agency
of the City of San Bernardino. (See Attached) (Cost to the City -- $75,000
from Mount Vernon Bond Proceeds.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
R39. Resolution of the Community Development Commission of the City of San
Bernardino authorizing the Executive Director to execute Amendment No. I to
the Redevelopment Planning and Participation Agreement for the Santa Fe
Depot Redevelopment Implementation Area (Arthur Pearlman Corporation).
(See Attached) (Resolntion not available at time of printing.)
MOTION: That said resolution be adopted.
R40. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the application for grant funds for the California Heritage Fund
Grants Program under the Safe Neighborhood Parks, Clean Water, Clean Air
and Coastal Protection Bond Act of 2000 for the rehabilitation and restoration of
the California Theater. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
CONTINUED FROM JUNE 17, 2002
R41. Downtown Paid Parking Pilot Program. (New Staff Report Attached) (Backup
material was distributed on June 17, 2002, Item No. R3l.) Ward 1
MOTION: That the Community Development Commission authorize and
direct the Executive Director of the Economic Development
Agency to execute a Professional Services Agreement with
International Parking Design, Inc., to conduct a downtown
parking study and to prepare a downtown public parking
operational plan.
15
07/15/2002
R42. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Agency Executive Director, or his/her
designee, to execute Amendment No. I to the 2001 Acquisition, Working
Capital and Homebuyer Grant Assistance Loan Agreement ("Loan Agreement")
by and between the Redevelopment Agency and the San Bernardino Mobile
Home Park Corporation dated January 8, 2001. (See Attached) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
43. 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 CouncillCommunity Development 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 CouncillCommission action.)
44. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday,
August 5, 2002, in the Council Chambers of City Hall, 300 North "D" Street;
however, the Mayor and Common Council will adjourn until 1:30 p.m. at which
time closed session matters will be discussed. The public portion of the meeting
will begin at 3:00 p.m.
16
07/15/2002
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 Development 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 public.
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.
17
07/15/2002