HomeMy WebLinkAbout06-17-2002 Jt. Reg Mtg
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, JUNE 17, 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 10.)
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):
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06/17/2002
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;
San Bernardino Hotel/Motel Association v. City of San Bernardino, et
~ - San Bernardino Superior Court Case No. SCV 46722;
In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation,
Case No. RS 02-18493MG;
City of San Bernardino v. CYSA - South San Bernardino Soccer
Foundation, et al. -San Bernardino Superior Case No. CSB 213237;
Lavon Dwyer, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 082249;
Jonathan Smith v. City of San Bernardino, et al. - United States District
Court Case No. CV98-1990 GAF (CTx);
William Cox v. City of San Bernardino - Workers Compensation
Appeals Board Case Nos. SBR 0296968 and SBR 0301898.
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 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.
(Item Continued on Next Page)
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06/17/2002
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:
1. Property Address:
232, 240 & 248 "K" Street
Negotiating Parties:
Gary V an Osdel on behalf of the
Redevelopment Agency and Gil
Castillo
Under Negotiation:
Purchase terms & conditions
2. Property Address:
NW Corner of 2"' & "K" Streets
Negotiating Parties:
Gary V an Osdel on behalf of the
Redevelopment Agency and Mr.
Belichefsky on behalf of Belichefsky
Children Family Trust
Under Negotiation:
Purchase terms & conditions
3. 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
4. Property Address: 2080 North Pershing A venue
Negotiating Parties Maggie Pacheco on behalf of the
Redevelopment Agency and Bill
Sikes on behalf of New House, Inc.
Under Negotiation: Purchase terms & conditions
END OF CLOSED SESSION
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06/17/2002
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
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 meeting of the Mayor and
Common Council of the City of San Bernardino, be approved as
submitted in typewrirten form:
May 20, 2002
(Distributed on 6/10/2002)
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06/17/2002
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated June 10, 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 June 12, 2002, in accordance with Civil Service rules and
Personnel poiicies 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
authorizing the Mayor to execute a Master Services Memorandum of
Understanding with the Water Department for provision of City Services for
Fiscal Year 2002/2003. (See Attached) (No cost to the City - reimbursement
to be made to various City funds for services provided,) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
City Attorney
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Lewis,
D' Amato, Brisbois & Bisgaard and the City of San Bernardino to represent the
City, its employees, officers and elected officials during the current
investigation and in any ensuing litigation against the City by the U.S.
Department of Housing and Urban Development. (See Attached)
MOTION: That said resolution be adopted.
Development Services
11. Resolution of the City of San Bernardino amending Resolution No. 655 entitled,
in part, "A resolution... designating certain streets, or portions thereof as
through highways ..." and establishing a three way stop at the intersection of
Meridian A venue and Poplar Street. (See Attached) (Cost to the City -- $500
from the General fund.) (Resolution not available at time of printing.)
Ward 3
(Item Continued on Next Page)
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06/17/2002
II. Continued.
MOTION: That said resolution be adopted.
12. Resolution of the City of San Bernardino approving Amendment No. I to
Agreement for Professional Services with David Evans and Associates, Inc. for
additional design services associated with the design of the widening of Del
Rosa Drive and Third Street at the San Bernardino International Airport. (See
Attached) (Cost to the City -- $12,300 from the Street Construction Fund.)
(Resolution not availahle at time of printing.) Ward 1
MOTION: That said resolution be adopted.
13. Resolution of the City of San Bernardino amending fair market value and
minimum sale price for certain City owned real property generally located at the
southwest corner of Orange Show Road and Waterman A venue in said City.
(See Attached) (No cost to the City.) (Resolution not available at time of
printing.) Ward 3
MOTION: That said resolution be adopted.
Mayor's Office
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Lease Agreement between the City and TVG
Enterprises, LLC for rental of space for the City of San Bernardino, Cultural &
International Affairs Office, Arts on 5'" Multicultural Center. (See Attached)
(Cost to the City -- $12,000 for rent, and $3,000 for electricity in FY
2002/2003 from the General Fund.) (Resolution not available at time of
printing.) Ward I
MOTION: That said resolution be adopted.
Parks, Recreation & Communitv Services
15. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant in the amount of $89,000 from the Corporation
of National Service under the Programs for National Significance (PNS) -
Senior Companion Program. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
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16. Resolution authorizing the Mayor of the City of San Bernardino or her designee
to execute an agreement with UJlMA/CAL Works relating to providing training
sites at City Parks, Recreation and Community Services Department locations.
(See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
17. Resolution of the City of San Bernardino authorizing the Mayor of the City of
San Bernardino or her designee to execute Amendment NO.4 to the Agreement
with San Bernardino City Unified School District, relating to delivery of lunches
and snacks to Delmann Heights Headstart Center. (See Attached) (No cost to
the City's General Fund -- $33,714 for food service from Headstart Grant.)
MOTION: That said resolution be adopted.
Police
-
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of annual agreements with the County of San
Bernardino to provide equipment and user access into the National Law
Enforcement Telecommunication System (NLETS), the California Law
Enforcement Telecommunications (CLETS), and the Sheriff's Central Name
Index (CNI). (See Attached) (Cost to the City -- $33,166.08 from the General
Fund.)
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San Bernardino to
increase funding for the annual purchase order with Sudden One-Hour Photo to
provide photographic film services within the Police Identification Bureau. (See
Attached) (Cost to the City -- $6,500 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 an amendment to the Memorandum of
Understanding (MOU) with the San Bernardino County Auto Theft Task Force
(SANCA TT). (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
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06/17/2002
Public Services
2 I . Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of purchase orders to E-W Truck and Equipment Co.
and PSM Truck Equipment for the furnishing and delivery of one (l) 10 cubic
yard, 3 axle 2003 Volvo dump truck to be utilized by the Public Services Street
Division. (See Attached) (Cost to the City -- $115,501.53 from the Motor
Pool Fuud.)
MOTION: That said resolution be adopted.
Water Department
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of grant deeds for the sale of Water Department
property located in Devil Canyon known as EBE-68 and EBE-78. (See
Attached) (No cost to the City -- $46,015 to be paid to tbe Water Fund by
the Departmeut of Water Resources.) (Resolution not available at time of
printing.) Ward 5
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Heard at the Legislative Review Committee Meeting on Mav 23, 2002 -
Committee Members present: Lien, McGinnis and Derry
23. Authorization to proceed with the proposed annexation of three County islands
located generally east of Central Avenue, north of Atlantic Avenue. (See
Attached) (Cost to the City -- $8,450 from the General Fund.) Ward 4
MOTION: That the Director of Development Services be authorized to
initiate proceedings for the annexation of three County islands
generally located east of Central A venue, north of Atlantic
A venue, under the provisions of AB 1555.
Heard at the Special Ways and Means Committee Meeting on June 12, 2002
- Committee Members present: McCammack and Derry
24. Request for waiver of Temporary Use Fee Permit - Inland Behavioral and
Health Services, Inc. (Cost to the City -- $340 in unrealized revenue to the
General Fund.)
(Item Continued on Next Page)
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06/17/2002
24. Continued.
MOTION: That the request by Inland Behavioral and Health Services for a
waiver of the Temporary Use Permit in the amount of $340 in
connection with their Health Fair to be held on June 29, 2002, at
the Whitney Young Family Health Clinic, be approved.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
Development Services
CONTINUED FROM JUNE 3, 2002
25. Resolution of the City of San Bernardino approving the final map for Parcel
Map No. 15358, located at the northeast corner of Highland and Del Rosa
A venue; and authorizing execution of the Parcel Map Improvement Agreement
for the improvements in said subdivision, with time for performance specified.
(Backup material was distribnted on June 3, 2002, Item No. 12.) Ward 7
MOTION: That said resolution be adopted.
Public Services
CONTINUED FROM MAY 20, 2002
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to the annual purchase orders to Matich Corporation and
Vulcan MaterialslCal Mat Division to supply materials for roadway pavement
repairs. (Backup material was distributed on May 6, 2002, Item No. 23;
item was continued to May 20, 2002, Item No. 26.)
MOTION: That the matter be tabled.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
27. Discuss and take possible action relative to choosing between two competing
reorganization plans in the bankruptcy of Montgomery Wards. (See Attached)
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06/17/2002
City Administrator
28. Resolution of the City of San Bernardino authorizing an agreement with
O'Reilly Public Relations to provide Community Outreach Services relating to
the annexation of three county islands. (See Attached)
MOTION: That said resolution be adopted.
29. Recommend preliminary design alternative for grade separations at State Street /
University Parkway and Hunts Lane with the BNSF and UP Rail Lines. (See
Attached) (No cost to the City - Projects are funded through the State
Transportation Congestion Relief Program.) Wards 3 & 6
MOTION: That the recommended preliminary design alternative for the
State Street (Alternative 4) and Hunts Lane (Alternative I) grade
separation projects be approved.
TO BE HEARD AT 7:00 P.M.
30. Budget workshop - Fiscal Year 2002/03 - discuss and take possible action
concerning proposed City and EDA budgets.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R31.
CONTINUED FROM JUNE 3, 2002
Downtown Paid Parking Pilot Program.
June 3, 2002, Item No. RJO.)
(Backup material was distributed on
Ward 1
MOTION: That the matter be continued to July 15, 2002.
32. 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 fuiure Council/Commission action.)
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06/17/2002
33. Adjournment.
MOTION: That the meeting be adjourned to 2:00 p.m. Wednesday, June 19,
2002, at the Economic Development Agency Boardroom, 201
North "E" Street, San Bernardino.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday,
July I, 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 tbis 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 tbree 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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06/17/2002
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
JUNE 17, 2002
City Attorney's Office
Sl. Ratification of the Mayor's decision to retain the law firm of Lewis, D 'Amato ,
Brisbois & Bisgaard to render legal advice to the Mayor and Common Council
on the applicability of Proposition 218 to the proposed annexation of three
County islands located generally east of Central A venue, north of Atlantic
A venue (Agenda Item #23) and to render legal advice on the proposed
agreement with O'Reilly Public Relations to provide Community Outreach
Services relating to the annexation of three County islands (Agenda Item #28).
(See Attached) (Cost to the City - not to exceed $2,500.)
MOTION: That the Mayor's decision to retain the law firm of Lewis,
D' Amato, Brisbois & Bisgaard to render legal advice to the
Mayor and Common Council on the applicability of Proposition
218 to the proposed annexation of three County islands located
generally east of Central A venue, north of Atlantic Avenue
(Agenda Item #23) and to render legal advice on the proposed
agreement with O'Reilly Public Relations to provide Community
Outreach Services relating to the annexation of three County
islands (Agenda Item #28) at a cost to the City of not to exceed
$2,500 is hereby ratified.
06117/2002