HomeMy WebLinkAbout08-19-2002 Jt. Reg Mtg
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, AUGUST 19, 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 page 12.)
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:
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
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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;
Candice Dick v. City of San Bernardino, a governmental entity; Ronald
Van Rossum, an individual - Case No. EDCV 02-158 V AP (SGLx).
Jessie Charles Stone v. City of Perris, County of Riverside, City of San
Bernardino, County of San Bernardino and Does 1 through 50, inclusive
- Case No. SCVSS 086594.
Roy Gonzales, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 54993.
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;
Van Rossum claims: Ruby McClain, Christie Johnson, Shauna Paschall,
Candy Pacheco, and Robin Miller.
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 mallers 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)
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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:
1.
Property Address:
Parcel No. 0261-19106
Negotiating Parties:
Gary Van Osdel on behalf of the
Redevelopment Agency; and Brad
Umansky on behalf of Sperry Van
Ness
Under Negotiation:
Purchase terms & conditions
END OF CLOSED SESSION
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8/19/2002
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Reappointment - Ruth DeSadier - Civil Service Board - Mayor Valles.
(See Attached)
MOTION: That the reappointment of Ruth DeSadier to the Civil
Service Board, as requested by Mayor Valles, be
approved.
3. Presentations.
A. Second Quarter 2002 Customer Service A ward.
4. Announcements by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
22, 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 17, 2002
,Iune 25, 2002
July 15, 2002
(Distributed on 8/2/02)
(Distributed on 8/7/02)
(Distributed on 8/12/02)
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8/1 9/2002
Revised
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to Issue
warrants as listed on the memorandum dated August 1, 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 August 13, 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 AUGUST 5, 2002
9. Ordinance of the City of San Bernardino amending certain sections of Chapter
5.14 of Ihe San Bernardino Municipal Code relating to entertainment -dances and
adult entertainment. FINAL READING (Backup material was distributed
on August 5, 2002, Item No. 29.)
MOTION: That said ordinance be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a professional services agreement between Lewis,
Brisbois, Bisgaard & Smith and the City of San Bernardino to represent the City
in the case of Daniel Cravens v. City of San Bernardino, et al. (See Attached)
MOTION: That said resolution 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 Lewis,
Brisbois, Bisgaard & Smith and the City of San Bernardino to advise and assist
the Civil Service Board in all proceedings in regard to, or arising out of, a
specified disciplinary action. (Resolution not available at time of printiug.)
MOTION: That said resolution be adopted.
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8/19/2002
City Clerk
12. Budget transfer to cover the cost of the Special Election to be held on November
5, 2002 relative to three ballot measures. (See Attached) (Cost to the City --
$40,000 from the General Fund.)
MOTION: That the Mayor and Common Council authorize the Director of
Finance to amend the FY 2002/03 budget and transfer $40.000
from the General Fund reserve to Account No. 001-032-5502
(City Clerk Elections - Professional/Contractual Services).
13. Designation of Voting Delegates for League of California Cities Annual
Conference to be held October 2-5, 2002 in Long Beach, California. (See
Attached) (No cost to the City,)
MOTION: That Council Member Anderson he designated as the City's
voting representative for the League of California Cities Annual
Conference to be held October 2-5, 2002 in Long Beach,
California; and that Council Member McCammack be designated
as the alternate voting representative.
Development Services
14. Contract Change Order No. One to contract with Holland-Lowe Construction,
Inc. for pavement rehabilitation on Highland Avenue from Sierra Way to
Waterman Avenue, Waterman Avenue from Base Line Street to 9th Street,
Foxcroft Way from Heritage Lane to Commercial Road, and 9th Street from
Arrowhead Avenue to Waterman Avenue, per Plan Numbers 10294 & 10264A,
and authorization for the Purchasing Manager to increase the project
contingencies to $59,709.47. (See Attached) (Cost to the City -- $59,709,47
from the AB 2928 Fund and the 1/2 Cent Sales and Road Tax Fund,)
Wards 1,2,3,&7
MOTION #1:
That the Mayor and Common Council authorize the
execution of Change Order No. One in the amount of
$59,709.47 (including increases in contract quantities) to
the contract with Holland-Lowe Construction, Inc. for
pavement rehabilitation on Highland A venue from Sierra
Way to Waterman Avenue, Waterman Avenue from Base
Line Street to 9'" Street, Foxcroft Way from Heritage
Lane to Commercial Road and 9'h Street from Arrowhead
Avenue to Waterman Avenue, per Plan Nos. 10294 and
10264 A; and
(Item Continued on Next Page)
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8/19/2002
14. Continued.
MOTION #2:
That the Purchasing Manager be authorized to increase the
contingency amount in Purchase Order No. 995541 to
Holland-Lowe Construction, Inc. by $19,709.47, from
$40,000 to $59,709.47; and
MOTION #3:
That the Director of Finance be authorized to amend the
2001/02 and 2002/03 Capital Project budget by
transferring $47,000 from Account No. 129-367-5504-
7200 (9'" Street-Pavement Rehabilitation) to 129-367-
5504-7222 (Waterman A venue Pavement Rehabilitation)
to correct for increased costs.
15. Authorization to proceed - proposed vacation of a portion of Pico Avenue,
south of Rialto A venue, Belleview Street, east and west of Pico A venue and that
certain east/west alley, south of Rialto A venue and east of Pico A venue and plan
approval. (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 vacation of a portion of Pico
A venue, south of Rialto A venue. Belleview Street, east and west
of Pico A venue and that certain east/west alley, south of Rialto
Avenue and east of Pico Avenue; and approval of Plan No.
10501.
16. Resolution awarding contract to Matich Corporation for street improvements of
Del Rosa Drive and 3,d Street at the San Bernardino International Airport, per
Plan No. 10494. (See Attached) (Cost to the City -- $604,499.00 from the
Street Construction Fund.) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to establish a budget for the project in Account No.
242-362-5504-7339 (Del Rosa Drive and 3,d Street Widening) in
the amount of $604,500 and correct revenues to reflect cost of the
project.
17. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Matich Corporation, for Laurelwood Drive realignment
between Tippecanoe Avenue and Orchard Drive (Phase I), per Plan No. 10373.
(See Attached) (Cost to the City .- $1,065,000 from the Street Construction
Fund.) (Resolution not available at time of printing.) Ward 3
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17. Continued.
MOTION: That said resolution be adopted.
Police
18. Resolution of the City of San Bernardino authorizing the Purchasing Manager to
issue a purchase order in the amount of $31,037.16 to Jensen Environmental
Engineering Services Inc. of Indianapolis, IN, for a Horizontal Water Bullet
Recovery System (HWBR). (See Attached) (Cost to the City -- $31,037.16
from the Federal and State Programs Fund.)
MOTION: That said resolution be adopted.
19. Resolution of the City of San Bernardino authorizing the Mayor of San
Bernardino to execute a Services Agreement with the San Bernardino City
Unified School District for the operation of the school crossing guards program
by the Police Department. (See Attached) (Net cost to the City -- $155,700
from the General Fund.)
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a negotiated purchase order to Protech Armored
Vehicle Systems for the purchase of ballistic front door panels for 36 Police
units to be utilized by the Police Department. (See Attached) (Cost to the City
-- $51,745.86 from the Asset Forfeiture Fund.)
MOTION: That said resolution be adopted.
Treasurer
21. Resolution of the Mayor and Common Council of the City of San Bernardino
acknowledging the receipt and filing of the Annual Statement of Investment
Policy for the period July I, 2002 through June 30, 2003. (See Attached) (No
cost to the City.)
MOTION: That said resolution be adopted.
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Water Department
22. A Resolution of the Mayor and Common Council of the City of San Bernardino,
successor to the South San Bernardino County Water District, assessing
properties within the previous district boundaries in the amount of $12,750 for
the Fiscal Year 2002/2003. (See Attached) (Resolution not available at time
of printing,)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARING
Development Services
TO BE HEARD AT 4:00 P.M.
23. Public hearing -- Resolution ordering the vacation of a portion of 10'" Street
from Montgomery Street, west to "J" Street (Plan No. 10468.) (See Attached)
(No cost to the City -- $1,000 processing fee paid by applicant.) Ward 1
Resolution of the City of San Bernardino ordering the vacation of a portion of
10'" Street from Montgomery Street, west to "J" Street (Plan No. 10468).
Mayor to open the hearing. . .
MOTION: That the hearing be closed and the Findings of Fact, as set forth
in the staff report dated July 24, 2002, from the Director of
Development Services, as to why a portion of 10'" Street from
Montgomery Street, west to "J" Street, is no longer necessary for
public street purposes, be adopted; and that said resolution be
adopted.
TO BE HEARD AT 4:00 P.M.
24. Public meeting -- Ohio and Walnut Landscape Maintenance Assessment District
No. 1028 - Tract No. 14193. (See Attached) (No cost to the City -- $4,000
processing fee paid by applicant.) Ward 5
Mayor to open the public meeting. . .
(Item Continued on Next Page)
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24. Continued.
MOTION: That the public meeting relative to the formation of the Ohio and
Walnut Area Landscape Maintenance Assessment District No.
1028, be closed and protests, if any, be carried over to the public
hearing on September 9, 2002 at 4:00 p.m.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
City Attorney
CONTINUED FROM AUGUST 5, 2002
25. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting Findings in support of the Council's decision to overrurn the Bureau of
Franchises' denial of the petition for a Franchise Permit for AAA Inland Empire
Cab Company. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Developmeut Services
CONTINUED FROM AUGUST 5, 2002
26. Resolution of the City of San Bernardino authorizing the execution of a common
use agreement between the City and the San Bernardino County Regional Parks
Division for the development and construction of the Santa Ana River Trail
(SART). (Backup material was distributed on August 5,2002, Item No.
12.) Wards 1 & 6
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
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8/19/2002
STAFF REPORTS
Development Services
27. Resolution of the City of San Bernardino approving Amendment No. One to
expand the agreement with The Planning Center for providing professional
services to update the City's General Plan to include preparation of the
Arrowhead Springs Specific Plan and related tasks. (See Attached) (No net
cost to the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2002/03 budget to increase the
Development Services Department's Professional/Contractual
revenues by $470,000 and do a corresponding increase in
Professional/Contractual Account No. 001-190-5502.
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8/19/2002
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, AUGUST 19, 2002 -7:00 P.M.
PRESENT:
ABSENT:
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R28. Resolution of the Community Development Commission approving and
authorizing the Executive Director of the Agency to execute Amendment No.2
to the October 2, 2000 Development Disposition Agreement, and as
subsequently amended, by and between the Agency and San Bernardino Senior
Housing, Inc. - transfer of the property located at 1520 West Baseline.
(Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
29. 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 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 Council/Commission action.)
30. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday,
September 9, 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.
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8/19/2002
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.
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