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HomeMy WebLinkAbout12-18-2000 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 18, 2000 — 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 12 & 13) 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): Highland Hills Homeowner Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464; Rose Mihata v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 30467. 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. 1 12/18/2000 1. Continued. 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. Extension of Contract Lee Dean, Chief of Police Appointment Development Services Director 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. END OF CLOSED SESSION 2 12/18/2000 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations., 4. Announcements by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 27, 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 December 14, 2000 from Barbara Pachon, Director of Finance, be approved. 3 12/18/2000 4 1 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated December 13, 2000, 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 Clerk 11/8. Resolution of the City of San Bernardino amending Resolution 98- 333 entitled in part, "Resolution . . . amending Conflict of Interest Code . . .", by amending Appendix A to add, delete and change the titles of various positions within departments of the City which must file Conflict of Interest statements. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 9. Resolution of the City of San Bernardino dedicating a portion of City owned real property, located east of South "E" Street and south of the easterly extension of Chandler Place for Water Department use. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 10. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Avila Construction, Inc. for the construction of a raised median, handicap ramps, and striping at 21St Street and San Gabriel Street. (See Attached) (Cost to the City -- $34,500 from the 'Ya Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. 4 12/18/2000 11. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Avila Construction, Inc. for street improvements on Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport. (See Attached) (Cost to the City -- $812,000 from the Street Construction Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Bond Blacktop, Inc. for slurry sealing of various streets, Phase X, per Plan No. 10126. (See Attached) (Cost to the City -- $550,000 from the Ya Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Wards 5 & 7 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with John Egan 8s Associates, Inc. for civil engineering services for Pepper Avenue, 9th Street and Commercial Road street improvements. (See Attached) (Cost to the City -- $78,100 from the Yz Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Wards 1, 2 & 3 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Ludwig Engineering for civil engineering services for pavement widening and rehabilitation at 40th Street between Acre Lane and Waterman Avenue. (See Attached) (Cost to the City -- $50,186 from the yz Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 5 12/18/2000 15. Resolution of the City of San Bernardino approving services agreements with Willdan, Caltrop Engineering Corporation, and Lim and Nascimento Engineering Corporation for consultant inspection services for Capital Improvement Projects (CIP). (See Attached) (Cost to the City -- $90,000 from various capital project accounts.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 16. Resolution of the City of San Bernardino approving services agreements with Nolte Associates, Inc., Norris-Repke, Inc., and Hernandez, Kroone & Associates for provision of construction survey services. (See Attached) (Cost to the City -- $90,000 from various capital project accounts.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 17. Authorize execution of Change Order No. Two to contract with David T. Wasden, Inc. for storm drain improvements in "E" Street from 4th Street to 5th Street and pavement rehabilitation from 4th Street to 6th Street. (See Attached) (Cost to the City -- $26,493.70 from various accounts.) Ward 1 MOTION: That the Mayor and Common Council approve Contract Change Order No. Two to the contract with David T. Wasden, Inc. for storm drain improvements in "E" Street from 4th Street to 5th Street, and pavement rehabilitation from 4th Street to 6th Street and authorize the Purchasing Manager to increase Purchase Order 994408 by an amount equal to $26,493.70 to cover the cost of this change order. Facilities Management 18. Resolution of the Mayor and Common Council of San Bernardino authorizing the execution of a contract with R. Moody Construction, Inc. for the remodeling of the City Yard locker- room/restroom facility at 234 North Mountain View, in San Bernardino. (See Attached) (Cost to the City -- $247,625 from the General Fund.) (Resolution not available at time of printing.) Ward 1 (Item Continued on Next Page) 6 12/18/2000 18. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2000/2001 adopted budget and transfer $47,625 from the General Fund's unappropriated/undesignated fund balance to the Facilities Management Capital Alterations and Renovations budget, Account #001-321-5706. Finance 19. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of fixed asset records by the Director of Finance. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Human Resources 20. Resolution of the City of San Bernardino approving a Side Letter to Resolution No. 99-154, Resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Fire Safety Employees Bargaining Unit represented by the San Bernardino City Professional Firefighters. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino approving a Side Letter to Resolution No. 99-155, Resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Police Safety Employee Bargaining Unit represented by the San Bernardino Police Officers' Association. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 7 12/18/2000 22. Resolution of the City of San Bernardino amending Resolution No. 6429, entitled in part "A resolution . . . establishing a basic compensation plan for officers and/or employees of the Police and Fire Departments of the City of San Bernardino." (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 23. Resolution of the City of San Bernardino amending Resolution 6413, Section Thirteen, Temporary/Part-Time Employees, entitled in part a "Resolution . establishing a basic compensation plan . . " by updating information codifying prior Council actions. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 24. Resolution of the Mayor and Common Council of the City of San Bernardino establishing the San Bernardino Garden Collaborative Food Policy Council to formulate and recommend long-term food policies to promote food security in the City of San Bernardino. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 25. Resolution of the City of San Bernardino authorizing the Purchasing Manager to execute a services agreement and issue a purchase order to Law Enforcement Medical Services, Inc. for the collection of forensic evidence for the City of San Bernardino Police Department in accordance with Bid Specification #F-01-46. (See Attached) (Cost to the City -- $29,285 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 8 12/18/2000 26. Resolution of the City of San Bernardino authorizing the Mayor to execute the second amendment to the agreement between the City and California Bio-Mass, Inc. to extend term of agreement for the provision of green material processing and to direct the Purchasing Manager to increase the purchase order. (See Attached) �1 (Estimated cost to the City -- $100,000 from the Refuse Fund.) All Wards �C MOTION: That said resolution be adopted. L Telecommunications 27. Agreement between the CATV Division and the County Department of Aging and Adult Services for the provision of CATV production services. (See Attached) ($40,000 net increase to revenues to he CATV Fund.) OTION: That the Mayor and Common Council authorize the execution of an agreement between the County of San �1 Bernardino and the City for the provision of CATV production services to the County; and authorize the Director of Finance to amend the FY 2000/2001 CATV budget to increase revenue and expenditures in the CATV Fund to reflect both anticipated revenue of $50,000 to be received from the County for CATV production services and the associated cost of $10,000 to be incurred by the City in providing these services. END OF CONSENT CALENDAR PUBLIC HEARINGS Development Services TO BE HEARD AT 10:00 A.M. 28. Public hearing - Underground Utility District No. 29, located along portions of 3rd Street and Viaduct Boulevard between "K" Street and 2nd Street. (See Attached) (No cost to the City.) Ward 3 Resolution of the City of San Bernardino creating Underground Utility District No. 29, located along portions of 3rd Street and Viaduct Boulevard between "K" Street and 2nd Street in the City of San Bernardino. (Resolution not available at time of printing.) Mayor to open the hearing. . . (Item Continued on Next Page) 9 12/18/2000 28. Continued. MOTION: That the public hearing relative to the formation of Underground Utility District No. 29 be closed, and protests, if any, be overruled; and that said resolution be adopted. END PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM DECEMBER 4, 2000 29. Approval of minutes dated October 16, 2000 of Mayor and Common Council/Community Development Commission Meeting. MOTION: That the minutes of the following meeting of the Mayor and Common Council/Community Development Commission, be approved as submitted in typewritten form: October 16, 2000 (Redistributed on 12/13/00) Development Services CONTINUED FROM DECEMBER 4, 2000 30. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Memorandum of Understanding with the County of San Bernardino, the City of Rialto, and the City of Colton to extend Pepper Avenue to future State Route 210 and authorizing the City administrator to submit a joint application with the City of Rialto for Federal Aid Surface Transportation Program (STP) funding for the extension. (Backup material was distributed on November 20, 2000, Item No. 24; item was continued to December 4, 2000, Item No. 22.) Ward 6 MOTION: That the matter be continued to the Mayor and Common Council meeting of January 8, 2001. 10 12/18/2000 Police CONTINUED FROM DECEMBER 4, 2000 31. A Resolution of the City of San Bernardino entering into an Interim Agreement for Tow Services with Hayes Towing consistent with Resolution 2000-47. (Backup material was distributed on November 6, 2000, Item No. 19; item was continued to December 4, 2000, Item No. 23.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS 11 12/18/2000 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, DECEMBER 18, 2000 - 2:00 P.M. PRESENT: ABSENT: R32. Resolution of the Community Development Commission of the City of San Bernardino, on behalf of the Economic Development Agency of the City of San Bernardino, amending Resolution No. 4420 (as amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424, 5507, and 5560) entitled, in part, "Resolution ... adopting a Conflict of Interest Code..." by amending Appendix A to add, delete and change the titles of various positions within the Economic Development Agency of the City of San Bernardino which must file Conflict of Interest statements. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. R33. 303 West Third Street - Loan Guarantee Assistance Under Section 108. (See Attached) Ward 1 12 12/18/2000 v R33. Continued. (Mayor and Common Council) MOTION A: That the Mayor be authorized to execute amended documents resulting from a request for amended Special Conditions in the Housing and Urban Development Contract for Loan Guarantee Assistance Under Section 108 of the Housing and Community Development Act, B- 94-MC-06-0539-A (the 303 West Third Street Project). This request amends the Special Conditions to authorize: subordination of the "Obligor Note and Deed of Trust" to senior loans; the application of 108 Loan proceeds to rehabilitation work; clarification of the release dates for the Obligor letter of credit and personal guaranties; and shorten the amortization schedule from 20 to 10 years: all as more fully described in the attached staff report. (Community Development Commission) MOTION B: That the Chair and Secretary to authorized to: (I) execute an amendment to the 303LLC Owner Participation and EDI Loan Agreement to modify the in-lieu tax provisions from 20 to 15 years to match the terms of the amended Special Conditions of the Housing and Urban Development Contract for Loan Guarantee Assistance Under Section 108 of the Housing and Community Development Act, B-94-MC-06- 0539-A (the 303 West Third Street Project); and (ii) extend the time during which the State may transfer title in the 303 Third Street Building to 303 LLC. 34. 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.) 13 12/18/2000 35. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, January 8, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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. 14 12/18/2000