HomeMy WebLinkAbout08-05-2002 Jt. Reg Mtg
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, AUGUST 5,2002 - 8:00 A.M.
COUNCIL CHAMBERS
The City oj San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director oj Facilities Management
(384-5244) two working days prior to the meetillg Jor any requests Jor reasollable
accommodation to illclude illterpreters. (Community Developmellt Commission Items
are on pages I3 - IS.)
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):
U8/05/2002
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
a1. - San Bernardino Superior Court Case No. SCV 252058;
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 Court Case No. CSB
213237;
Candice Dick v. City of San Bernardino, a governmental entity; Ronald
VanRossum, 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 I through 50, inclusive
- Case No. SCVSS 086594.
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 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 :
Position Titles
- -
City Administrator (contract amendment)
Code Compliance Director (contract amendment)
Fire Chief (contract amendment)
Executive Director, EDA (contract amendment)
(Item Continued on Next Page)
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08/05/2002
1. Continued.
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
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property Address:
HUB Properties
Negotiating Parties:
Gary Van Osdel on behalf of the
Redevelopment Agency: and
developer SBT Partners, LLC (Art
Pearlman)
Under Negotiation:
Acquisition and disposition of all
properties covered by the HUB
Disposition Development
Agreement
END OF CLOSED SESSION
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0810512002
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Parks, Recreation & Community Services Commission - Tracylyn
Sharrit - Council Member Suarez.
B. Council Member Lien - Conunission Appointments and Reappointments:
Appointments:
. Rufus Rooney - Animal Control Commission
. Dennis Baxter - Board of Building Commissioners
. Frank Schnetz - Central City Parking Place Commission
. Mary Sue "Susana" Atanasova - Police Commission
. Anna Cox - Community Development Citizens Advisory Committee
. Jane Ann Godager - Senior Affairs Commission
Reappointments:
. Dennis W. Cole - Bureau of Franchises
. Carol A. Thrasher - Planning Commission
. John "Jack" Joseph Cone - Community Television Commission
. Helen Marie Carlson - Fine Arts Commission
. Ray H. Shaffer, Jr. - Fire Commission
. W.C. "Bill" Lemann - Main Street Advisory Board
. Mark David Westwood - Parks & Recreation Commission
. Mary S. Martin - Human Relations Commission
C. Mayor Valles - Commission Appointments and Reappointments:
Appointments:
. Marilyn Sauer - Alternate to Animal Control Commission
. John Ragsdale - Animal Control Commission
(Item Continued all Next Page)
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08/05/2002
2. Continued.
Reappointment:
. Joyce Martin - Animal Control Commission
MOTION: That the appointments A-C, be approved as requested by
Council Members Suarez and Lien and Mayor Valles.
3. Presentations.
A. SBCMA Scholarship Presentation.
4. Announcements by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
18, 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.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated July 17, 2002 from
Barbara Pachon, Director of Finance, be approved.
7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated July 30, 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.
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08/05/2002
Development Services
8. 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 authorizing the installation of a two-way stop at the
intersection of Rexford Street and Birch Street. (See Attached) (Cost to the
City -- $500 from the General Fund.) Ward 3
MOTION: That said resolution be adopted.
9. 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 declaring Seventh Street between Medical Center
Drive and Mt. Vernon Avenue a through highway. (See Attached) (Cost to the
City -- $1,000 from the General Fund.) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
10. Resolution of the City of San Bernardino amending Resolution No. 3985
entitled, in part, "A Resolution ...prohibiting parking upon certain designated
streets, alleys, or portions thereof..." to establish a no parking except by permit
at any time zone on Rockford A venue between Lynwood Drive and Marshall
Boulevard, on Del Norte Place between Rockford A venue and the terminus of
Del Norte Place west of Rockford A venue, on Del Norte Circle between
Rockford A venue and the terminus of Del Norte Circle east of Rockford
A venue, on Lomita Place between Rockford A venue and the terminus of Lomita
Place east of Rockford Avenue, and on Val Mar Circle between Rockford
Avenue and the terminus of Val Mar Circle east of Rockford Avenue. (See
Attached) (Cost to the Citv -- $3,500 from the General Fund.) (Resolution
not available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
11. Resolution of the City of San Bernardino amending Resolution No. 3985
entitled, in part, "A Resolution...prohibiting parking upon certain designated
streets. alleys, or portions thereof..." to establish a no parking any time zone on
both sides of Genevieve Street between three-hundred sixty feet north of
Wabash Street and the end of Genevieve Street north of Wabash Street. (See
Attached) (Cost to the Citv -- $1,500 from the General Fund.) (Resolution
not available at time of printing.) Ward 2
MOTION: That said resolution be adopted.
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08/05/2002
12. 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). (See Attached) (No cost to the City.) (Resolution not available
at time of printing.) Wards 1&3
MOTION: That said resolution be adopted.
13. 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 four way stop at the intersection of
Ninth Street and Wilson Street. (See Attached) (Cost to the City -- $500 from
the General Fund.) Wards 1&6
MOTION: That said resolution be adopted.
Human Resources
14. Resolution of the City of San Bernardino awarding a service agreement and an
annual purchase order in an amount not to exceed $50,000 to The Counseling
Team. (See Attached) (Cost to the City - not to exceed $50,000 from the
Workers Compensation Fund,) (Resolution not available at time of
printing,)
MOTION: That said resolution be adopted.
Parks, Recreation & Communitv Services
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the submittal of a grant in the amount of $42,166 from the
Community Foundation, Morongo Basin Health Initiative for the Senior
Companion Program (SCP). (See Attached) (No cost to the City - funding in
the amount of $42,166 is requested.)
MOTION: That said resolution be adopted.
16. 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 relating to the delivery of Type A
lunches and Schedule B snacks to City's Delmann Heights Headstart Center.
(See Attached) (No cost to the City - program fully grant funded.)
Ward 6
MOTION: That said resolution be adopted.
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08/05/2002
17. Item deleted.
18. Item deleted.
END OF CONSENT CALENDAR
CO:YIMITTEE ITEMS
Heard at the Ways and Means Committee on July 17, 2002 - Committee
Members present: McCammack, McGinnis and Derry
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an agreement with the City of San Bernardino and Western Regional
Little League Baseball for financial assistance from the FY 02/03 Civic and
Promotion Fund. (See Attached) (Cost to the City -- $5,000 in direct funding
from the General Fund, and $47,210 indirect funding for departmental
costs.) Ward 5
MOTION: That said resolution be adopted; that direct funding in the amount
of $5,000 from the FY 02/03 civic and promotion funding be
approved; that indirect funding in the amount of $47,210 be
transferred from the FY 02/03 civic and promotion fund to
various city departmental accounts as listed in the attached staff
report dated July 9, 2002, from Fred Wilson, City Administrator;
and that a waiver of fees and use of city personnel and equipment
be authorized in the conduct of their 2002 tournament season.
END OF COMMITTEE ITEMS
20. Item deleted.
PUBLIC HEARING
City Clerk
CONTINUED FROM JUL Y 15, 2002
TO BE HEARD AT 4:00 P.M,
21. Appeal hearing - Bureau of Franchise - petition for Franchise Permit for AAA
Inland Empire Cab. (Backup material was distributed July 15, 2002, Item
No. 29.)
(Item Continued un Next Page)
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08/05/2002
21 . Continued.
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 HEARING
CONTINUED ITEMS
CONTI~LJED FROM JULY 15, 2002
22. Authorization to proceed with the proposed annexation of three County islands
located generally east of Central Avenue, north of Atlantic Avenue. (New Staff
Report Attached) (Backup material was distributed on June 17, 2002, Item
No. 23; item was continued to July 15, 2002, Item No. 36.) 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
Avenue, under the provisions of Assembly Bill 1555.
CONTINUED FROM JULY 15, 2002
23. Personnel Contract Amendments.
Position Titles:
A. City Administrator
B. Code Compliance Director
C. Fire Chief
D. Executive Director, EDA
END OF CONTINUED ITEMS
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08/0j/2002
ST AFF REPORTS
Animal Control
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a contract for services between the City of San
Bernardino and the City of Lorna Linda for full service Animal Control and
rescinding the current contract with Lorna Linda for Animal Sheltering services,
Resolution 2001-201. (See Attached) (No cost to the City -- $75,700 net gain
to the Animal Control Fund.)
MOTION: That said resolution be adopted; that the Director of Finance be
authorized to amend the FY 02-03 adopted budget to increase
Animal Control revenues by $75,700 and do a corresponding
increase in the Animal Control expense budget as noted in the
staff report dated July 10, 2002. from Jon Cicirelli, Director of
Animal Control; that the addition of one Animal Shelter Specialist
(Range 1301- $1,992-$2,421 per month) be authorized; and that
the Human Resources Department be directed to update
Resolution 6413, Section Thirteen, and Resolution 97-244 as
needed to reflect this action.
City Administrator
25. Resolutions authorizing execution of a contract with the hearing officer and with
Inland Valley Arbitration Mediation Service (IV AMS) for hearing officer
serVIces.
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Professional Services
Agreement between William Holt and the City of San Bernardino for
hearing officer services. (Resolutiou not available at time of
printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Professional Services
Agreement between Inland Valley Arbitration Mediation Service
(IV AMS) and the City of San Bernardino for hearing officer services.
(Resolution not available at time of printing.)
MOTION: That said resolutions A & B, be adopted; and that the
Director of Finance be authorized to amend the FY
2002/03 budget as reflected in the staff report dated July
29, 2002, from Fred Wilson, City Administrator.
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08/05/2002 Revised
Citv Attornev
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of purchase orders for the purchase of computer
equipment and its companion maintenance agreement and authorizing the City
Attorney to execute said maintenance agreement. (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
27. Resolution submitting a ballot measure relative to the prohibition of safe and
sane fireworks and calling a Special Municipal Election. (See Attached)
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
prohibition of safe and sane fireworks; 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 ballot measure
relating to the prohibition of safe and sane fireworks and requesting that
said City of San Bernardino's Special Muncipal 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.
28. Selection of authors relative to ballot arguments on measures before the voters
at the City's Special Municipal Election to be held on November 5, 2002.
MOTION: That the Mayor and Common Council authorize designated
person(s) to write ballot arguments on all or some of the
following ballot measures going before the voters at the City's
Special Municipal Election to be held on November 5, 2002:
I. Transient Lodging Tax
2. Mayor's Salary
3. Council Members' Salary
4. Fireworks Prohibition
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08/05/2002
29. Ordinance of the City of San Bernardino amending certain sections of Chapter
5.14 of the San Bernardino Municipal Code relating to entertainment-dances and
adult entertainment. FIRST READING (Ordinance not available at time of
printing. )
MOTION: That said ordinance be laid over for final adoption.
END OF STAFF REPORTS
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08/05/2002
MA YOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, AUGUST 5,2002 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
30. Development Permit Type I No. 02-120 and a determination of public
convemence or necessity for a Type 21 Liquor License for a grocery store
located at 570 S. Mt. Vernon Avenue - Fiesta Food Warehouse. (See
Attached) Ward 3
MOTION: That the Mayor and Common Council approve Development
Permit Type I No. 02-120 and determine that the public
convenience or necessity is served and direct the Development
Services Department to send a letter to the Department of
Alcoholic Beverage Control for a Type 21 (off-sale general)
liquor license for a grocery store located at 570 S. Mt. Vernon
A venue.
END OF PLANNING ITEMS
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R31. Resolutions authorizing funding of the seismic retrofit and repair of the
Agency's Five-Level Parking Structure - awarding a contract to
Fibrwrap Construction, Inc. for seismic retrofit - approving Amendment
No.2 to Professional Services with Ty Lin International-McDaniel for
inspection and materials testing of the Five-Level Parking Structure.
(Cost to the City -- $1,800,000 from various program funds,)
Ward 1
(Item Continued on Next Page)
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08105/2002
R31. Continued.
(Community Development Commission)
A. Resolution of the Community Development Commission of the City of
San Bernardino, California, authorizing the funding of the seismic
retrofit and repair of the Agency's Five-Level Parking Structure and
making findings and determinations as to the benefit to the various
Redevelopment Project Areas of undertaking public improvements in
connection with the Five-Level Parking Structure. (Resolution not
available at time of printing.)
(Mayor and Common Council)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the funding of the seismic retrofit
and repair of the Agency's Five-Level Parking Structure and making
findings and determinations as to the benefit to the various
Redevelopment Project Areas of undertaking public improvements in
connection with the Five-Level Parking Structure. (Resolution not
available at time of printing.)
C. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Fibrwrap Construction, Inc. for
seismic retrofit and repair of City's Five-Level Parking Structure, per
Plan No. 10304-A. (Resolution not available at time of printing.)
D. Resolution of the City of San Bernardino approving Amendment No.2
to Professional Services Agreement with Ty Lin International-McDaniel
for inspection and material testing for S-Level Parking Structure Phase 1.
MOTION# 1:
That the Community Development Commission
adopt resolution A;
MOTION #2:
That the Community Development Commission
authorize the Economic Development Agency to
appropriate and expend a total of $1,489,100 as
outlined in the staff report to cover, in part, the
cost of construction, inspection, and plan checking
for seismic retrofit of the Agency's five-level
parking structure; and
(Item Continued on Next Page)
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08/05/2002 Revised
R31. Continued.
MOTION #3:
That the Mayor and Common Council adopt
resolutions B, C, and 0, and authorize the
Director of Finance to amend the FY 01102 and
FY 02/03 budget and appropriate a total not to
exceed amount of $35,900 from 1/2 Cent Sales &
Road Tax Fund, as outlined in the staff report.
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 future Council/Commission action.)
33. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday,
August 19, 2002, in the Council Chambers of City Hall, 300 North "0" 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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08/05/2002 Revised
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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08/05/2002
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AUGUST 5, 2002
City Attorney
S 1. Discuss and take possible action relative to the proposed First Amended Joint
Plan of Reorganization in the bankruptcy of Metricom, Inc., Metricom Finance,
Inc., Metricom Investments DC, Inc., Metricom DC, L.L.C., Metricom New
York, L.L.C. (See Attached)
S2. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an agreement between the City of San Bernardino and "The Gents"
for civic and promotion funding from the FY 02/03 budget to assist in the
conduct of the" Salute to the Route" event. (Cost to the City - direct funding
$5,000 from the General Fund and indirect funding $4,966, plus the cost of
a damage bond from the General Fund.) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted; that direct funding in the amount
of $5,000 from the FY 02/03 civic and promotion fund be
approved; that indirect funding in the amount of $4,966, plus the
cost of a damage bond be transferred from the FY 02/03 civic
and promotion fund to various city departmental accounts as
listed in the staff report; and that a waiver of fees and use of city
personnel and equipment be authorized to assist in the 2002
Salute to the Route event scheduled for September 2 I, 2002.
08/05/2002 Revised
ADDENDUM TO THE SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AUGUST 5, 2002
RSI. Tippecanoe Retail Project (HUB) - Operating Memorandum and Indemnity
Agreement
MOTION: That the Community Development Commission authorize the
Executive Director to execute an Operating Memorandum by and
between the Redevelopment Agency of the City of San
Bernardino and SBT Partners, LLC and to execute an Indemnity
Agreement with First American Title Insurance Company.
08/05/2002