HomeMy WebLinkAbout03-05-2001Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 5, 2001 - 8:00 A.M.
COUNCIL CHAMBERS
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management
(384-5244) two working days prior to the meeting for any requests for reasonable
accommodation to include interpreters. (Community Development Commission Items
are on pages 9 & 10.)
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):
Cumming, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 66744;
Highland Hills Homeowner Association v. City of San
Bernardino, et al. - San Bernardino Superior Court Case No.
241464;
Soliman v. City of San Bernardino - United States District
Court Case No. EDCV 00-00301 VAP;
(Item Continued on Next Page)
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1. Continued.
City of San Bernardino Municipal Water Department v.
United States Department of the Army - United States
District Court Case No. CV 96-8867 consolidated with CV
96-5205;
Clark v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCV 40674;
Juanita Gates v. San Bernardino Police Department, et al. -
Superior Court Case No. SCVSS 71168;
Redevelopment Agency of the City of San Bernardino v. John
Borba - San Bernardino Superior Court Case No. SCVSS
67468.
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.
Evacuees - 2057 North Mt. Vernon Avenue
Cypress Inn Mobile Home Park
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.
1. Public employee release
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.
(Item Continued on Next Page)
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1. Continued.
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
1.
2.
3.
Property Address:
Negotiating Parties:
Under Negotiations:
Property Address:
Negotiating Parties:
Under Negotiations:
Property Address:
Negotiating Parties:
Under Negotiations:
Tippecanoe at Laurelwood
Pearlman/Hopkins; and Gary
Van Osdel on behalf of the
Economic Developmen t
Agency
Purchase Terms & Conditions
532 North "D" Street
Eloise Reyes; and Ann Harris
on behalf of the Economic
Developmen t Agency
Purchase Terms & Conditions
736 North Berkeley Avenue
(0140-271-09); 669 North "G"
Street (0134-021-38); 630
North "F" Street (0134-021-
17); 734 North Berkeley
Avenue (0140-271-10)
San Bernardino City Unified
School District; and Maggie
Pacheco on behalf of the
Economic Development
Agency
Purchase Terms & Conditions
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Appointment - Evelyn Alexander - Board of Police
Commissioners - Mayor Valles.
MOTION: That the appointment of Evelyn Alexander, to
the Board of Police Commissioners, as requested
by Mayor Valles, be approved.
3. Presentations.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 11, 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 urn to the
su pplemen tal agendas of the Mayor and Common
Council/Community Development Commission be
waived.
6.
Council Minutes.
(See Attached)
MOTION: That the minutes of the following meeting of the Mayor
and Common Council/Community Development
Commission of the City of San Bernardino, be
approved as submitted in typewritten form:
January 8, 2001
January 29, 2001
(Distributed on 3/1/01)
(Distributed on 2/22/01)
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7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
February 28, 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 February 26, 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.
Development Services
LAID OVER FROM FEBRUARY 20,2001
9. An Ordinance of the City of San Bernardino modifying Chapter
19.02 (Definitions) and Chapter 19.06 (Commercial Districts) of the
San Bernardino Municipal Code (Development Code) to modify text
related to definitions, requirements and standards for
neighborhood grocery stores. FINAL READING (Backup material
was distributed February 20, 2001, Item No. 31.) All Wards
MOTION: That said ordinance be adopted.
Parks, Recreation & Community Services
10. Park lawn mowing contract concept. (See Attached)
MOTION: That staff be directed to meet and confer with the
affected bargaining units to discuss an increase to
park lawn mowing contract services.
Water Department
11. Receive and file 1999-2000 Audit Report for Water Department
Water and Sewer Utilities. (See Attached) (No cost to the City.)
MOTION: That the Mayor and Common Council receive and file
the 1999-2000 Audit Report for the Water Department
Water and Sewer Utilities.
END OF CONSENT CALENDAR
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COMMITTEE CONSENT
Recommended for approval by Lee:islative Review Committee
on February 8, 2001 - Committee Members Present: Lien,
McGinnis and Schnetz
12. Reapportionment of Common Council Wards - Task Force
Appointments. (See Attached)
MOTION: That the Mayor and Common Council appoint a
Redistricting Task Force, as described in the attached
staff report, to begin the process of redistricting the
ward boundaries.
Recommended for approval by Ways and Means Committee on
February 28, 2001 - Committee Members present: Schnetz,
McGinnis and McCammack
13. Mid-year Budget Review for FY 2000-2001. (See Attached)
MOTION #1:
That the FY 2000-2001 Mid-Year Budget Report
be received and filed.
MOTION #2:
That the Director of Finance be authorized to
amend the FY 2000-2001 adopted Fleet Fund,
Refuse Fund, and Utility Fund budgets as
ou tlined in the Staff Report.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
Development Services
CONTINUED FROM DECEMBER 4, 2000
14. Request to continue to June 4, 2001, the Resolution approving
Final Map for Tentative Tract No. 14112, located northeasterly of
the intersection of Foothill Drive and Sterling Avenue. (No cost to
the City.) (Backup material was distributed on May 17, 1999,
Item No. 14; item was continued to August 16, 1999, Item No.
31; item was continued to December 6, 1999, Item No. 33;
item was continued to March 6, 2000, Item No. 29; item was
continued to June 5, 2000, Item No. 26; item was continued
to September 5, 2000, Item No. 33; and item was continued to
December 4, 2000, Item No. 20.) Ward 4
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14. Continued.
MOTION: That the Final Map for Tentative Tract No. 14112 be
continued to the Council Meeting of June 4, 2001.
STAFF REPORTS
City Attorney's Office
15. Possible Brown Act violation at Council Meeting of February 20,
2001.
MOTION: That the staff report be received and filed.
City Clerk's Office
16. An Ordinance of the City of San Bernardino amending Section
5.04.500 of the San Bernardino Municipal Code relating to swap
meets. FIRST READING (See Attached) (No cost to the City.)
(Ordinance not available at time of printing.) All Wards
NOTE: This item was heard by the Legislative Review Committee
on February 8,2001, and was recommended to be forwarded to the
full Council.
MOTION: That said ordinance be laid over for final adoption.
17. Certificate of Sufficiency - Referendum Petition relative to
Ordinance No. MC-I091. (See Attached)
MOTION: That the Mayor and Common Council receive and file
the Certificate of Sufficiency certifying the Referendum
Petition filed on February 14, 2001, by proponents
Evlyn Wilcox and Wendy McCammack in protest of
Ordinance No. MC-I091.
Council Office
18. An Ordinance of the City of San Bernardino repealing Ordinance
No. MC-I091 which attempted to prevent the need to obtain City
Attorney approval prior to the retention of outside special counsel
services. FIRST READING (See Attached)
MOTION: That said ordinance be laid over for final adoption.
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19. Luncheon workshop - 12 noon - Economic Development Agency
Boardroom - to receive information regarding the proposed
Proposition 12 State Bond Initiative Spending Plan. (See Attached)
END OF STAFF REPORTS
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, MARCH 5, 2001 - 2:00 P.M.
PRESENT:
ABSENT:
R20. Resolution of intention to approve an amendment to contract
between the Board of Administration California Public Employees'
Retiremen t System and the Commissioners San Bernardino
Economic Development Agency. (See Attached) (No cost to the
Agency -- $208,934 cost from PERS Surplus/Over Funded.)
MOTION: That said resolution be adopted.
R21. Mid-Year Budget Review. (See Attached)
(Community Development Commission)
MOTION: That the Community Development Commission receive
and file the Economic Development Agency's Mid-Year
Budget Review Report.
R22. Amendments to State Office Building Agreements Phase II. (See
Attached) Ward 1
MOTION: That the Community Development Commission
au thorize the Chairman and Secretary to execute an
amendment to the Construction Management
Agreemen t to extend the commence men t of
construction date for the Phase II State Office building
of December 1,2000 to December 5,2005.
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R23. Resolution of the Community Development Commission approving
(1) the Amendment No.2 to the Agreement between Neighborhood
Housing Services of the Inland Empire, Inc., and the
Redevelopment Agency, dated September 7, 1999 increasing the
Agency Housing Funds to $1.2 million annually for three years,
subject to funding availability; making certain program revisions;
and (2) authorizing and directing the Agency Executive Director to
execute said Amendment No.2. (See Attached) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
CONTINUED FROM FEBRUARY 20, 2001
R24. A Resolution of the Community Development Commission of the
City of San Bernardino, as the governing body of the
Redevelopment Agency of the City of San Bernardino, approving
that certain 2001 Lease Agreement (East Valley Water District) by
and between the Redevelopment Agency of the City of San
Bernardino and East Valley Water District on the terms set forth in
such agreement. (Backup material distributed on February 5,
2001, Item No. R25; and item was continued to February 20,
2001, Item No. R38.) Ward 4
MOTION: That said resolution be adopted.
25. 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.)
26. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, March 19, 2001, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
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3/5/2001
NOTICE: Any member of the public may address this meeting of
the Mayor and Common Council/Community Development
Commission on any item appearing on the agenda by approaching
the microphone in the Council Chambers when the item about
which the member desires to speak is called and by asking to be
recognized.
Any member of the public desiring to speak to the Mayor and
Common Council/ Community Developmen t Commission
concerning any matter not on the agenda but which is within the
subject matter jurisdiction of the Mayor and Common
Council/Community Development Commission, may address the
body at the end of the meeting, during the period reserved for
public comments. Said total period for public comments shall not
exceed forty-five (45) minutes, unless such time limit is extended
by the Mayor and Common Council/Community Development
Commission. A three minute limitation shall apply to each
member of the public, unless such time limit is extended by the
Mayor and Common Council/Community Development
Commission. No member of the public shall be permitted to
"share" his/her three minutes with any other member of the
pu blic.
The Mayor and Common Council/Community Development
Commission may refer any item raised by the public to staff, or to
any commission, board, bureau, or committee for appropriate
action or have the item placed on the next agenda of the Mayor
and Common Council/Community Development Commission.
However, no other action shall be taken nor discussion held by the
Mayor and Common Council/Community Development
Commission on any item which does not appear on the agenda
unless the action is otherwise authorized in accordance with the
provisions of subdivision (b) of Section 54954.2 of the Government
Code.
Public comments will not be received on any item on the agenda
when a public hearing has been conducted and closed.
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