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HomeMy WebLinkAbout05-18-1998 Jt. Reg. Mtg. Agenda AIM,, AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MAY 189 1998- 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 accommodation to include interpreters. 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): Shirley J. Goodwin vs. City of San Bernardino — United States District Court Case No. EDCV 98-66 RT (VAPx); Theresa D. Anaya vs. City of San Bernardino — San Bernardino Superior Court Case No. SCV 42353; Ruthie Goldkom vs. City of San Bernardino—United States District Court Case No. EDCV 98-42 RT(VAPx); Denise Carrillo-Chacon vs. City of San Bernardino — United States District Court Case No. EDCV 98-19 RT (VAPx); (Item Continued on Next Page) 1 5/18/1998 1. Continued. William Walker, Jr., Maria Walker vs. City of San Bernardino — United States District Court Case No. SACV 98-196 AHS (EEx); People of the State of California vs. NRLL Inc., City of San Bernardino — San Bernardino Superior Court Case No. SCV 45634. B. Conference with legal counsel — anticipated litigation — significant exposure to litigation — pursuant to subdivision (b) 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. Conference with legal counsel — personnel — pursuant to Government Code Section 54957. END OF CLOSED SESSION 2 5/18/1998 RECONVENE MEETING—9:00 A.M. PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments: A. Appointment—Human Relations Commission—Bryon Congdon— Mayor Valles. (See Attached) B. Item Deleted. C. Reappointment—Fine Arts Commission—Helen Marie Carlson— Council Member Lien (See Attached) D. Reappointment—Fine Arts Commission—Barry Silver—Council Member Schnetz. (See Attached) MOTION: That the appointments listed above, as requested by Mayor Valles and Council Members Lien and Schnetz, be approved. 3. Presentations: A. Service Pin Awards Ceremony. 4. Announcements by Mayor and Common Council. 5. 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.) CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 6 through 22, be adopted except for , , and 6. Waive full reading of resolutions and ordinances. 3 5/18/1998 6. 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 be waived. 7. Council Minutes. MOTION: That the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: March 16, 1998 (Distributed on 5/7/98) April 6, 1998 (Distributed on 5/12/98) April 15, 1998 (Distributed on 5/12/98) April 20, 1998 (Distributed on 5/12/98) 8. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated May 12, 1998, from Barbara Pachon, Director of Finance, be approved. 9. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated May 7, 1998, 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 Administrator's Office 10. Resolution of the City of San Bernardino authorizing an amendment to the City of San Bernardino Deferred Compensation Plan to reflect the 1997 changes in United States Code Section 457. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 4 5/18/1998 City Attorney's Office LAID OVER FROM MAY 4, 1998 11. An ordinance of the City of San Bernardino amending Sections 8.60.010 and 8.60.150 of the San Bernardino Municipal Code and adding Section 8.60.015 to the San Bernardino Municipal Code relating to fireworks. FINAL READING (Backup material was distributed on May 4, 1998, Item No. S1.) MOTION: That said ordinance be adopted. LAID OVER FROM MAY 4, 1998 12. An ordinance of the City of San Bernardino amending Section 15.16.135 of the San Bernardino Municipal Code defining hazardous fire area. FINAL READING (Backup material was distributed on May 4, 1998, Item No. S2.) MOTION: That said ordinance be adopted. 13. Approve and ratify the action of the Mayor in entering into a hold harmless and indemnity agreement with the Federal Government for the purpose of annual Aircraft Rescue and Fire Fighting (ARFF) Training. (See Attached) MOTION: That the Common Council approve and ratify the action of the Mayor in entering into a hold harmless and indemnity agreement with the Federal Government for the purpose of annual Aircraft Rescue and Fire Fighting (ARFF) Training. Civil Service 14. Agreements to conduct psychological examinations for the Police Department. (See Attached) (Cost to the City -- $30,700 from the General Fund.) A. Resolution of the City of San Bernardino authorizing the execution of an agreement with Dr. Lawrence Blum to conduct psychological examinations for the Police Department. B. Resolution of the City of San Bernardino authorizing the execution of an agreement with Dr. Joseph Malancharuvil to conduct psychological examinations for the Police Department. MOTION: That said resolutions be adopted. 5 5/18/1998 i Fire 15. Resolution of the City of San Bernardino authorizing the submission of an application to the State Office of Emergency Services for the purpose of obtaining certain federal financial assistance in conjunction with the declared state of emergency issued for the County of San Bernardino as a result of rain storms in February 1998. (See Attached) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 16. Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute Amendment No. 8 to the agreement between the City and Casa Ramona, Inc., relating to the operation of a drop-in center located at 1524 West 7' Street, San Bernardino, California, to extend the term of the agreement for an additional one year period. (See Attached) (Cost to the City -- $50,783 from the General Fund.) Ward 1 MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute an agreement with the San Bernardino City Unified School District to furnish food service for the City's summer lunch program. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino to execute a reimbursement agreement with San Bernardino City Unified School District for youth mentoring services and late night hoops provided for Fiscal Year 1996/97. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. Personnel 19. An ordinance of the City of San Bernardino authorizing an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City of San Bernardino. FIRST READING (See Attached) (Ordinance not available at time of printing.) (Item Continued on Next Page) 6 5/18/1998 19. Continued. MOTION: That said ordinance be laid over for final adoption. Public Works/Engineering 20. Resolution of the City of San Bernardino awarding a contract to Valley Slurry Seal Co., A California Corporation, for pavement rehabilitation by slurry seal method between Highland Ave. and Route 30 and from "E" Street to East Twin Creek Channel. (See Attached) (Cost to the City -- $300,000 from the 1/2 Cent Sales and Road Tax Fund.) Ward 5 MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino awarding a contract to Bonadiman- McCain, Inc., for installation of storm drain at Ohio Ave. between Olive and Bailey Creek Channel and Palm Ave. between Washington St. and Irvington Ave. (See Attached) (Cost to the City -- $201,000 from the Storm Drain Construction Fund.) Ward 5 MOTION: That said resolution be adopted. 22. Authorize staff to proceed with street name change for two access roads to Inland Center Mall -- Central Avenue to "North Mall Street" and Benedict Street to "South Mall Street." (See Attached) (No cost to the City -- $500 fee paid by petitioner.) Ward 3 MOTION: That the Public Works Department be authorized to proceed with street name changes for two access roads into Inland Center Mall; that Central Avenue be changed to "North Mall Street" and Benedict Street be changed to "South Mall Street". END OF CONSENT CALENDAR 7 5/18/1998 PUBLIC HEARINGS Public hearings scheduled for a certain time will not be heard prior to the scheduled time; however, they may be heard at any time thereafter. City Clerk TO BE HEARD AT 10:00 A.M. 23. Public hearing - resolution imposing liens on certain parcels of real property located within the City of San Bernardino for unpaid transient lodging tax fees. (See Attached) Ward 1 Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for unpaid transient lodging taxes. Mayor to open the hearing . . . MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS 24. Resolution of the City of San Bernardino approving the final map for Subdivision Tract No. 13630, located on the northeast corner of Belmont Avenue and Magnolia Avenue, accepting the public dedications as set forth on said map; and authorizing the execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (Backup material was distributed on May 4, 1998, Item No. 23.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS 8 5/18/1998 STAFF REPORTS Public Works/Engineering 25. Resolution of the City of San Bernardino giving notice inviting competitive sealed and oral bids for the sale of certain real property owned by said City, generally located northwest of Little League Drive, northeast of the I-215 Freeway in said City, and determining the fair market value and establishing minimum sale price for said property. (See Attached) (No cost to the City.) Ward 5 MOTION: That said resolution be adopted. 26. Resolution of the Mayor and Common Council of the City of San Bernardino adopting a position of support for proposed legislation to eradicate invasive plants from the Santa Ana River watershed. (See Attached) (No cost to the City.) Wards 1 & 3 MOTION: That said resolution be adopted. City Attorney's Office 27. Resolution of the City of San Bernardino opposing Proposition 226, and initiative to change the way employers and labor unions make campaign contributions. (See Attached) MOTION: That said resolution be adopted. MIS 28. Approve sale of surplus property and authorize the County of San Bernardino to install 800 Mhz radio system upgrades provided by Nextel, Inc. (See Attached) (No cost to the City.) MOTION #1: That the Mayor and Common Council approve the sale of surplus 800 Mhz equipment, as listed on Attachment "A", to Nextel, Inc., for $450,000; and MOTION #2: That the Mayor and Common Council authorize the County of San Bernardino to install City-owned 800 Mhz radio system upgrades provided by Nextel, Inc., as listed in Attachment "B". END OF STAFF REPORTS 9 5/18/1998 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION RECONVENE MEETING COMMUNITY DEVELOPMENT COMMSSION MATTERS MONDAY, MAY 189 1998 - 2:00 P.M. PRESENT: ABSENT: NOTICE: At this time, the Mayor and Common Council, acting as the Community Development Commission, will take action on items on the Economic Development Agency (Community Development Commission) agenda(s). 29. Adjournment. MOTION: That the meeting be adjourned to 9:00 a.m., Wednesday, May 27, 1998. 10 5/18/1998 'wry NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item 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 beginning 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. 11 5/18/1998 AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "May 18, 1998 -2:00 p.m." (Joint Regular Meeting) Council Chambers, City Hall The City of San Bernardino Economic Development Agency recognizes its obligation to provide equal access to public services 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. ----------------------------------------------------------------------------------------------------------------------------------- CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: 1. PRESENTATIONS ----------------- ----------------- --------------------- CONSENT CALENDAR MOTION: That the motions indicated by Consent Calendar items numbered "2"through "4" be adopted, except for items numbered: 2. WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (Mayor and Common Council) (Community Development Commission) MOTION: That full reading of the Resolutions and Ordinances on the regular, supplemental, and addendum to the supplemental agenda(s), be waived. ----------------- ----------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA REW:Imp:cdc98-5j 9 Date:May 18, 1998 3. APPOINTMENT AND APPROVAL OF AGENCY ADMINISTRATOR (Community Development Commission) MOTION: That the Community Development Commission approve the appointment by the Chairperson of Judith Valles, Mayor of the City of San Bernardino and Chairperson of the Community Development Commission, as Agency Administrator of the Economic Development Agency of the City of San Bernardino at no additional salary or cost. ----------------- ----------------- 4. LANDSCAPE,JANITORIAL AND SECURITY SERVICES—VARIOUS LOCATIONS (Community Development Commission) MOTION A: That the Community Development Commission accept proposals from Fortune Landscaping, Daniels Landscaping and David 011is Landscaping to provide landscaping services at six (6) locations at a total cost not-to-exceed $26,049.60 a year with options to a three (3) year maximum not-to-exceed $80,704.08. ----------------- ----------------- MOTION 13: That the Community Development Commission accept the proposal from Compass Building Services, to provide janitorial service at 1505 West Highland Avenue, Public Enterprise Center, at a total cost not-to-exceed $12,376.80 with options to a three (3)year maximum not-to-exceed $37,130.00 ----------------- ----------------- MOTION C: That the Community Development Commission accept the proposal from Seibert Security, to provide security services at 1505 West Highland Avenue, Public Enterprise Center, at a total cost not to exceed $53,913.60 a year with options to a three (3)year maximum not-to-exceed $166,233.60 ----------------- ----------------- END OF CONSENT CALENDAR ---------------------------- ------------------ COMMITTEE CONSENT CALENDAR MOTION: That the motion indicated by Committee Consent Calendar item number "5" be adopted, except for item number: ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA REWAmp:cdc98-5j 2 Date:May 18, 1998 5. HARRIS COMPANY HUD LOAN (Mayor and Common Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING AND ACCEPTING THE ASSUMPTION BY EL CORTE INGLES, S.A., OF THE OBLIGATIONS OF THE HARRIS COMPANY TO THE CITY OF SAN BERNARDINO ARISING UNDER THE 1995 FLOAT LOAN AGREEMENT AND THE 1995 CITY SECTION 108 LOAN AGREEMENT, AND APPROVING THE FORM OF A 1998 CITY OF SAN BERNARDINO ASSIGNMENT AND LOAN ASSUMPTION AGREEMENT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CERTAIN INSTRUMENTS. ----------------- ----------------- END OF COMMITTEE CONSENT CALENDAR ---------------------------- TO BE HEARD AT 2:00 P.M. 6. CONSOLIDATED PLAN RELATED ITEM: PUBLIC HEARING—SECOND AMENDMENT TO THIRD YEAR ACTION PLAN OPEN PUBLIC HEARING CLOSE PUBLIC HEARING _(Mayor and Common Council) MOTION A: That the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee (CDCAC) recommendations for Fiscal Year 1997— 1998, for HOME Investment Partnership Act funded projects ----------------- ----------------- MOTION B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN SECOND AMENDMENT TO THE THIRD YEAR ACTION PLAN COMPONENT OF THE 1995/1999 CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ACT FUNDED PROGRAMS. ----------------- ----------------- MOTION C: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE CITY'S SECOND AMENDMENT TO THE THIRD YEAR ACTION PLAN COMPONENT OF THE CONSOLIDATED PLAN. ----------------- ----------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA REW:1mp:cdc98-5j 3 Date:May 18, 1998 7. ADJOURN TO CLOSED SESSION That the Mayor and Common Council and the Community Development Commission adjourn to Closed Session to discuss the following: MOTION: Pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 201 North "E" Street, First Floor San Bernardino, CA Negotiating Parties: Sheryl-Ann and Martin Felix; Ronald E. Winkler on behalf of the Economic Development Agency Under Negotiation: Lease Agreement ----------------- ---------------- 8. ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council and the Community Development Commission be adjourned. ----------------- ---------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA REW:Imp:cdc98-5j 4 Date:May 18, 1998