HomeMy WebLinkAbout12-02-2002 Jt. reg Mtg
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, DECEMBER 2,2002 - 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 13 & 14.)
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
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:
(Item Continued on Next Page)
12/02/2002
I. Continued.
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et al. v. City of San Bernardino - United States District
Court Case No. CV 00-03048;
Stubblefield Construction Company, et al. v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 252058;
In Re Bankruptcy of CYSA -South San Bernardino Soccer Foundation -
Case No. RS 02-18493MG;
San Bernardino Redevelopment Agency v. William H. Cooper - San
Bernardino Superior Court Case No. SCVSS 67622;
David M. Sanborn v. A vila Construction, et al. - San Bernardino
Superior Court Case No. SCVSS 078410;
The Redlands Association v. City of San Bernardino and its Municipal
Water Department - San Bernardino Superior Case No. SCVSS 096182;
N.R.L.L., Inc., A California Corporation v. City of San Bernardino-
San Bernardino Superior Court Case No. SCVSS 086239;
Manta Management Corp., v. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 18157;
Ronnie Lewis Bunse v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 84509.
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: Cypress Inn Mobilehome Park and
VanRossum claim.
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.
2
12/02/2002
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:
(1) Fire negotiation issue
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1.
Properly Address:
APN 0136-431-123
Gary Van Osdel on behalf of the Redevelopment
Agency and three (3) parties: I" Offer, William J.
Doherty Living Trust; 2m! Offer, Charles Klinakis; and
3" Offer, Ralph Monge.
Negotiating Parties:
Under Negotiation:
Purchase terms and conditions
2.
Property Address:
HUB Properties
Negotiating Parties:
Gary Van Osdel on behalf of the Redevelopment
Agency and
0281-083-02
0281-083-03
0281-083-04
0281-083-13
0281-083-14
0281-083-15
0281-083-16
0281-083-17
0281-083-18
0281-083-20
0281-091-39
0281-082-27
0281-082-28
0281-083-08
0281-081-01
0281-081-02
0281-081-03
0281-082-14
0281-081-06
0281-081-07
3
John Kaufman
John Kaufman
John Kaufman
John Kaufman
John Kaufman
John Kaufman
John Kaufman
John Kaufman
John Kaufman
John Kaufman
John Kaufman
Michael Collins
Michael Collins
Michael Collins
Michael Collins
Michael Collins
Michael Collins
Elisa Gurrola and Evangelina Montez
Naomi Anaya
Jose Enrique Lara
12/02/2002
0281-081-08
0281-081-09
0281-081-10
0281-081-11
0281-081-12
0281-081-13
0281-081-14
0281-081-16
0281-081-17
0281-081-18
0281-081-19
0281-081-20
0281-082-01
0281-082-02
0281-082-03
Mary T. Mendez, Trustee
Soloman P.S. Miao
Washington Mutual Bank, FA
Julio D. Rodriguez
Seng-Kin Yea
Robert A. Lester
Estefani Chia Pei Liaou
Firstar Bank, N.A.
Oscar Miranda
Eugenio G. Alvarado
Kam Mie Nanney-Wong, Trustee
Kam Mie Nanney-Wong, Trustee
Juan P. Trujillo
Juan P. Trujillo
Pomona First Federal Savings
END OF CLOSED SESSION
4
12/02/2002
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its normal
sequence on the agenda. Information concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
24, 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:
October 21, 2002 (Distributed on 11/22/02)
November 18, 2002 (Distributed on 11/22/02)
5
12/02/2002
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated November 20, 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 November 27, 2002, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino, be approved and ratified.
City Attorney
LAID OVER FROM NOVEMBER 18, 2002
9. An Ordinance of the City of San Bernardino amending Section 2.58.0l0A of the
San Bernardino Municipal Code relating to regular meetings of the Mayor and
Common Council. FINAL READING (Backup material was distributed on
November 18, 2002, Item No, 20,)
MOTION: That said ordinance be adopted.
City Clerk
10. Resolution of the Mayor and Common Council of the City of San Bernardino,
California, reciting the facts of the Special Municipal Election held on the SID
day of November, 2002, declaring the results thereof and setting forth such
other matters as are allowed by law. (See Attached) (Resolution not
available at time of printing,) (No cost to the City,)
MOTION: That said resolution be adopted.
II. Approve Mayor and Common Council/Community Development Commission
regular meeting dates for 2003. (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 Development Commission for the year 2003: January
6 and 21; February 3 and 18; March 3 and 17; April 7 and 21;
May 5 and 19; June 2 and 16; July 7 and 21; August 4 and 18;
September 2 and IS; October 6 and 20; November 3 and 17;
December I and 15.
6
12/02/2002
Development Services
12. Authorization to execute Contract Change Order No. One to contract with
Matich Corporation for street improvements of Del Rosa Drive and 3" Street at
the San Bernardino International Airport per Plan No. 10494 and authorization
for the Purchasing Manager to increase the Project contingencies. (See
Attached) (No cost to the City -- $79,769.84 will be reimbursed by I.V.D.A.)
Ward 1
MOTION #1:
That the Mayor and Common Council authorize execution
of Contract Change Order No. One in the amount of
$79.769.84 to contract with Matich Corporation for street
improvements of Del Rosa Drive and 3" Street at the San
Bernardino International Airport per Plan No. 10494; and
MOTION #2:
That the Mayor and Common Council authorize the
Director of Finance to increase the project budget (and
related reimbursement revenue) by $25.000 to ret1ect
additional funding needed.
13. Resolution of the City of San Bernardino authorizing the execution of a
Cooperative Agreement between the City of San Bernardino and the City of
Lorna Linda for traffic signal improvement at Anderson Street and Tippecanoe
A venue. (See Attached) (Cost to the City -- $31,700 from the (250) Fund.)
Ward 3
MOTION: That said resolution be adopted.
14. Resolution of the City of San Bernardino authorizing the execution of a License
Agreement with SBT Partners. LLC. for use of vacated Rosewood Drive for
Public Works Project purposes relative to the "HUB" Project. (See Attached)
(No cost to the City.) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
Facilities Management
15. Resolution of the Mayor and Common Council of San Bernardino authorizing
the execution of a contract and issuance of a purchase order to Verizon
California Inc. for Centranet Telephone Service at various facilities within the
City of San Bernardino. (See Attached) (Cost to the City -- $48,900 from the
Telephone Fund.)
MOTION: That said resolution be adopted.
7
12/02/2002
Finance
16. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain records by the Director of Finance. (See
Attached) (Resolntion not available at time of printing.) (No cost to the
City.)
MOTION: That said resolution be adopted.
Hnman Resources
17. Establish salaries for Fire Department Ranges P-5 (Battalion Chief); P-6
(Deputy Fire Chief); and P-7 (Fire Chief); Fire Marshal and Training Officer,
effective August I, 2002. (See Attached) (Cost to the City -- $102,900 from
various Fire account funds.)
MOTION #1:
MOTION #2:
That the salaries for Fire Department Ranges P-5,
(Battalion Chief); P-6 (Deputy Fire Chief); P-7 (Fire
Chief); and Fire Marshal and Training Officer. be
established, effective August I, 2002. as outlined in the
staff report dated November 25, 2002, from Lori Sassoon,
Acting Director of Human Resources; and
That the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 2002/03
budget to transfer $102,900 from the General Government
Budget (001-092-5011) to the Fire Department budget in
the General Fund.
18. Establish salaries for Fire Department Ranges P-I (Firefighter); P-2
(Firefighter/Paramedic); P-3 (Fire Engineer); and P-4 (Fire Investigator and
Captain), effective August I, 2002. (See Attached) (Cost to the City--
$875,658 from various Fire account funds.)
MOTION #1:
MOTION #2:
That the salaries for Fire Department Ranges P-I,
(Firefighter); P-2 (Firefighter/Paramedic); P-3 (Fire
Engineer); and P-4 (Fire Investigator and Captain), be
established, effective August I, 2002, as outlined in the
staff report dated November 25, 2002, from Lori Sassoon,
Acting Human Resources Director; and
That the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 2002/03
budget as follows:
(Item Continued on Next Page)
8
12102/2002
18. Continued.
A. Transfer the remaining Charter 186 budget in the
amount of $70,200 from the General Government
budget to the Fire Department budget;
B. Increase the General Fund revenues by $689,100
in Account No. 001-000-4621 (Booking Fees
Revenues) and decrease the General Fund revenues
by $200,000 in Account No. 001-000-4625 (State
Mandated Revenues);
C. Appropriate to the Fire Department budget the
remaining amount needed to cover the Fire Union
Charter 186 salary increases in the amount of
$805,500 using the excess balance from FY
2001/02 and the net increase in General Fund
revenue from Motion B above; and
D. Put the remaining undesignated balance of
$185,100 into the General Fund Reserve to
replenish the reserve funds that have been used to
balance the FY 2002/03 budget.
Parks, Recreation & Community Services
19. Resolution of the City of San Bernardino authorizing the Mayor of the City of
San Bernardino or her designee to execute an agreement with the San
Bernardino City Unified School District to provide contractual services for
after-school recreation programs at school district sites. (See Attached) (No cost
to the City -- $480,000 cost of program funded by Federal and State
Programs.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Police
-
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing increases to annual purchase orders to provide vehicle rentals,
uniforms, and film processing for the San Bernardino Police Department. (See
Attached) (Cost to the City -- $107,600 from the General Fund.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
9
12/02/2002
21. Resolution of the Mayor and Conunon Council of the City of San Bernardino to
increase the purchase order to Steno, Solutions from $15,000.00 to $45,000.00
for the transcription of taped Police reports. (See Attached) (Cost to the City
-- $45,000.00 from the General Fund.) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
Public Services
22. Resolution of the City of San Bernardino authorizing the Mayor to execute the
third amendment to the Limited Access Easement Agreement (Temporary)
between the City and Rancon Realty Fund IV to extend the term of agreement
relating to the former Waterman Landfill. (See Attached) (No cost to the
City.) Ward I
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Conunon Council of the City of San Bernardino
authorizing the execution of a piggyback purchase order to Pomona Valley
Kawasaki, Inc. for the purchase of four (4) Kawasaki Police Patrol Motorcycles
for the Police Department Traffic Division. (See Attached) (Cost to the City -
- $43,425.70 from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
24. Item Deleted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Heard at Ways & Means Committee meeting held on November 26, 2002 --
Members Present: McCammack and Derry
25. Request for waiver of fees YMCA Children's Christmas Parade - December 7,
2002. (See Attached)
(Item Continued on Next Page)
10
12/02/2002
25. Continued.
MOTION: That the request for a waiver of fees in the amount of $4,135 for
facility, personnel and equipment costs associated with the 25'"
Annual YMCA Children's Christmas Parade, be approved.
Heard at the Grants Committee meeting held on Novemher 25, 2002 --
Member Present: McCammack & Anderson
26. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the application for $66,500 in matching grant funds from the
California Energy Commission to install battery backup systems at twenty-five
signalized intersections City-wide. (See Attached) (Total project cost --
$102,325; $66,500 grant fnnding, if awarded; $35,825 match - fnnding
sonrce to be determined in the event of award and City acceptance of
grant.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARING
City Administrator
CONTINUED FROM NOVEMBER 18, 2002
TO BE HEARD AT 4:00 P.M.
27. Public hearing - to consider various fee adjustments. (See Attached)
A Resolution of the City of San Bernardino establishing certain fees for services
furnished by the City of San Bernardino, and repealing Resolution No. 80-522,
Resolution No. 96-195, Resolution No. 98-257, Resolution No. 99-173,
Resolution No. 99-246, Resolution No. 2001-273, and Resolution No. 2002-
241, and amending Resolution No. 83-201, Resolution No. 89-471, and
Resolution No. 91-148. (Resolution not available at time of printing.
The hearing remains open. . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARING
11
1210212002
CONTINUED ITEMS
Development Services
CONTINUED FROM JUNE 3, 2002
28. Resolution approving Final Map for Tentative Tract No. 14112, located
northeasterly of the intersection of Foothill Drive and Sterling A venue. (New
Staff Report Attached) (Item continued from December 3, 2001, Item No.
28; Item continued from March 4, 2002, Item No. 24; Item continued from
June 3, 2002, Item No. 26) Ward 4
MOTION: That the matter be continued to January 21, 2003.
END OF CONTINUED ITEMS
STAFF REPORTS
29. Legislative Task Force update.
City Administrator
30. An Ordinance of the City of San Bernardino amending Sections of Municipal
Code Chapter 14.04 regarding granting of utility franchises. FIRST
READING (See Attached) (No cost to the City.) All Wards
MOTION: That said ordinance be laid over for final adoption.
31. Resolution of the Mayor and Common Council of the City of San Bernardino
establishing a voluntary payroll deduction program for the" Save Our Services"
(SOS) Fund. (See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Development Services
32. Resolution of the City of San Bernardino authorizing and directing the execution
of an agreement for the extension of sewer services in unincorporated territory
relative to the San Bernardino County Animal Shelter at 19777 Cajon
Boulevard. (See Attached) (Resolution not available at time of printing.)
(No cost to the City.) Ward 6
MOTION: That said resolution be adopted.
12
12/02/2002
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R33. A Resolution of the Conununity Development Conunission of the City of San
Bernardino, as the governing body of the Redevelopment Agency of the City of
San Bernardino, approving and authorizing execution of that certain 2002 New
Jobs Redevelopment Grant Agreement (Job Options, Inc.) and the grant of
certain sewer capacity rights to Job Options, Inc. in connection therewith.
(Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
R34. Amendment No. Four to the Disposition and Development Agreement between
the Redevelopment Agency and Marvin and Lelia Jabin and a New Job
Opportunities Redevelopment Grant Agreement with the MAPEl Corporation.
Ward 6
A. A Resolution of the Conununity Development Conunission of the City of
San Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency to execute Amendment No.4 to the Disposition
and Development Agreement (Industrial Parkway property) by and
between the Redevelopment Agency and the City of San Bernardino and
Marvin and Lelia Jabin and consenting to an assignment of said
Disposition and Development Agreement. (Resolution not available at
time of printing.)
B. A Resolution of the Community Development Conunission of the City of
San Bernardino, as the governing body of the Redevelopment Agency of
the City of San Bernardino, approving and authorizing execution of that
certain 2002 New Job Opportunities Redevelopment Grant Agreement
(Mapei Corporation) and the grant of certain project generated tax
increment revenues in connection therewith. (Resolution not available
at time of printing.)
MOTION: That said resolutions A & B, be adopted.
R35. Covenant Development Agreement - Covenant Development. Inc.. and
Amendment No. One to the Loan Agreement for the Verdemont
Improvements. Ward 5
((Item Continued on Next Page)
13
12/02/2002
R35. Continued.
A. A Resolution of the Conununity Development Conunission of the City of
San Bernardino authorizing and approving the Agency Executive
Director to execute the Development Agreement by and between the
Redevelopment Agency and Covenant Development, Inc. regarding the
development of 22 affordable housing units. (Resolution not available
at time of printing.)
B. A Resolution of the Conununity Development Conunission of the City of
San Bernardino authorizing and approving the Agency Executive
Director to execute the Amendment No. I to the Loan Agreement for the
Verdemont improvements dated January 15, 1993 by and between the
Redevelopment Agency and the City of San Bernardino which provides
for the collection and distribution of certain development fees (from the
Dr. Feldkamp predecessor to Covenant Development, Inc., Bice and
Glaziers properties) to fund the construction of the Verdemont Fire
Station. (Resolution not available at time of printing.)
C. A Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing and approving the Mayor to execute the
Amendment No. Ito the Loan Agreement for the Verdemont
improvements dated January IS, 1993 by and between the
Redevelopment Agency and the City of San Bernardino which provides
for the collection and distribution of certain development fees (from the
Dr. Feldkamp predecessor to Covenant Development, Inc., Bice and
Glaziers properties) to fund the construction of the Verdemont Fire
Station. (Resolution not available at time of printing.)
MOTION: That Resolution A be adopted; and that Resolutions B & C
be continued to December 16. 2002.
36. 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 Conunon Council/Conununity Development Conunission 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/Conunission action.)
14
12/02/2002
37. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday,
December 16, 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.
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.
15
12/02/2002