HomeMy WebLinkAbout02-05-2001Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, FEBRUARY 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 10 - 12.)
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;
Soliman v. City of San Bernardino - United States District
Court Case No. EDCV 00-00301 YAP;
(Item Continued on Next Page)
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1. Continued.
William W. McDonald v. City of San Bernardino - Workers'
Compensation Appeals Board Case Nos. RIV 0028929 and
RIV 0030364;
San Bernardino Economic Development Agency v. John
Borba dba Court Street Bar & Grill - 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. Conference with legal counsel - 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.
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
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Appointment - Claude Diggs - Police Commission - Council
Member Anderson. (See Attached)
MOTION: That the Mayor and Common Council approve
the appointment of Claude Diggs to the Police
Commission, as requested by Council Member
Anderson.
3. Presentations.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 16, 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.
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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:
December 1, 2000
December 4, 2000
January 16, 2001
(Distributed on 1/29/01)
(Distributed on 2/1/01)
(Distributed on 2/1/01)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
January 25, 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 January 31,2001, 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.
City Clerk
9. Ratify action taken at the Mayor and Council meeting of J an uary
29, 2001, adopting Resolution No. 2001-27 authorizing execution
of an agreement between American Medical Response and the City
of San Bernardino Fire Department for Pre-Hospital Paramedic
Service.
MOTION: That the Mayor and Common Council ratify action
taken by the Mayor and Common at the January 29,
2001 Council approving Resolution No. 2001-27
au thorizing the Mayor to execute an agreemen t
between American Medical Response and the City of
San Bernardino Fire Department for Pre-Hospital
Paramedic Service.
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Code Compliance
10. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing submittal of an application for grant
funding under the Community Code Enforcement Pilot Program.
(See Attached) (Cost to the City -- $36,240 from the General
Fund over the 3-year grant period; application for grant
funding to the City -- $368,580 over the 3-year grant period.)
All Wards
MOTION: That said resolution be adopted.
Development Services
11. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor or her designee to execute
Program Supplement Agreement with the State of California for
San Bernardino Santa Fe Depot rehabilitation, Mt. Vernon Avenue
Bridge replacement; and Fund Transfer Agreement for seismic
retrofit of the City of San Bernardino's five-level parking structure.
(See Attached) (No cost to the City.) (Resolution not available
at time of printing.) All Wards
MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Allan Fence Company, a
Division of Hubbs & Ferrante for guardrail improvements at
various locations, per Plan No. 10179. (See Attached) (Cost to
the City -- $86,000 from the Y2 Cent Sales and Road Tax
Fund.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
13. Authorization to proceed with proposed vacation of a portion of the
northwesterly side of University Parkway, northeasterly of Kendall
Drive and plan approval. (See Attached) (No cost to the City --
$1,000 processing fee to be paid by petitioner.) Ward 5
(Item Continued on Next Page)
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13. Continued.
MOTION: That the Director of Development Services and the City
Clerk be authorized to proceed with the vacation of a
portion of the northwesterly side of University
Parkway, northeasterly of Kendall Drive; and that Plan
No. 10210 showing the proposed vacation, be
approved.
Parks, Recreation & Community Services
14. Set luncheon workshop for March 5, 2001 - 12 noon - Economic
Developmen t Agency Boardroom - to receive information regarding
the proposed Proposition 12 State Bond Initiative Spending Plan.
(See Attached)
MOTION: That a luncheon workshop be set for 12 noon March 5,
2001 at the Economic Development Agency Boardroom
to receive information regarding the proposed
Proposition 12 State Bond Initiative Spending Plan.
Public Services
15. Resolution of the City of San Bernardino authorizing the execution
of a purchase order between the City of San Bernardino and
Holland-Lowe Construction, Inc. for pavement repairs on
Hospitality Lane between Waterman Avenue and Harriman Place.
(See Attached) (Cost to the City -- $74,352.20 from the General
Fund.) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
Water
16. A resolution of the Mayor and Common Council of the City of San
Bernardino adopting the City of San Bernardino Municipal Water
Department Records Retention Schedule. (See Attached) (No cost
to the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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COMMITTEE CONSENT
Recommended for approval by the Personnel Committee on
January 23, 2001 - Committee Members present: Anderson,
Suarez, and McCammack
17. Au thorize increase in salaries for the positions of Associate
Planner, Assistant Planner, and Construction Engineer in the
Development Services Department. (See Attached) (Cost to the
City -- $6,428 from the General Fund in FY 00-01.)
MOTION #1:
MOTION #2:
MOTION #3:
MOTION #4:
That the Mayor and Common Council approve a
salary increase for the Associate Planner, to
Range 1435 ($3,886-$4,724/month; and
That the Mayor and Common Council approve a
salary increase for the Assistant Planner, to
Range 1416, $3,535-$4,297/month; and
That the Mayor and Common Council approve a
salary increase for the Construction Engineer, to
Range 2469, $4,604-$5,597/month; and
That the Human Resources Department be
directed to update Resolution No. 6413, Section
Eleven to reflect this particular action.
Recommended for approval by the Personnel Committee on
January 23, 2001 - Committee Members present: Anderson,
Suarez, and McCammack
18. Authorize reorganization of the Public Services Department. (See
Attached) (Cost to the City -- $2,456 cost to the Sewer Fund
and $2,457 cost to the Refuse Fund; and $41,710 savine:s to
the General Fund.)
MOTION#l:
MOTION #2:
That the Mayor and Common Council delete one
(1) Administrative Operations Supervisor II,
Range 4426, $3,716-$4,516/month (General
Fund); and
That the Mayor and Common Council delete one
(1) Administrative Analyst II, Range 4406,
$3,363-$4,088/month (50/50 Refuse and Sewer
Funds); and
(Item Continued on Next Page)
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18. Continued.
MOTION #3:
That the Mayor and Common Council establish
one (1) Typist Clerk II , Range 1267, $1,681-
$2,044/month (General Fund);
MOTION #4:
That the Mayor and Common Council establish
one (1) Senior Administrative Analyst, Range
4446, $4,105-$4,990 (50/50 Refuse and Sewer
Funds.); and
MOTION #5:
That the Human Resources Department be
directed to amend Resolution No. 89-129 and
Resolution No. 6413, Section Ten, to reflect
these particular actions.
Recommended for approval by the Ways and Means Committee
on January 24, 2001 - Committee Members present: Schnetz
and McCammack
19. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a service agreement
with Big Red Apple, regarding the marketing and management of
the San Bernardino Stadium. (See Attached) (Cost to the City -
estimated $30,400 for the remainder of FY 2000/01;
estimated $67,800 for the contract term, from the Stadium
Fund.) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
CONTINUED FROM JANUARY 22, 2001
20. Resolution of the City of San Bernardino authorizing the execution
of an agreement with Burrtec Waste Industries, Inc., for the
provision of commingled recyclables processing. (Estimated net
income to the Refuse Fund during the first year -- $332,873.)
(Backup was distributed on January 22, 2001, Item No. 28.)
All Wards
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
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2/05/2001
STAFF REPORTS
City Attorney's Office
21. Request for City Clerk to be authorized, subject to the
recommendation of the City Attorney, to retain outside special
counsel services for the purpose of preparing a ballot title and
summary of a statutory initiative measure establishing Chapter
2.20 in the San Bernardino Municipal Code relating to City
Attorney approval to retain outside special counsel services.
MOTION: That the City Clerk be authorized, subject to the
recommendation of the City Attorney, to retain outside
special counsel services for the purpose of preparing
the ballot title and summary of a statutory initiative
measure establishing Chapter 2.20 in the San
Bernardino Municipal Code relating to City Attorney
approval to retain outside special counsel services.
Parks, Recreation & Community Services
LAID OVER FROM JANUARY 22,2001
22. An ordinance of the City of San Bernardino amending Section
6.24.130 of the San Bernardino Municipal Code, regarding
designated off-leash areas for dogs in public parks. (FINAL
READING) Backup material was distributed on January 8,
2001, Item No. 17; and item was continued to January 22,
2001, Item No. 25.) Ward 4
MOTION: That said ordinance be adopted.
23. Luncheon workshop - 12 noon - Economic Development Agency
Boardroom - Southern California Edison electricity crisis issues.
END OF STAFF REPORTS
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2/05/2001
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, FEBRUARY 5, 2001 - 2:00 P.M.
PRESENT:
ABSENT:
R24. Resolution of the Community Development Commission of the City
of San Bernardino approving and authorizing the Executive
Director to execute Amendment No. 1 to Disposition and
Developmen t Agreement by and between Redevelopment Agency of
the City of San Bernardino and Hi-Way Auto Recyclers, LLC. (See
Attached) (No cost to the Agency.) (Resolution not available at
time of printing.) Ward 6
MOTION: That said resolution be adopted.
R25. 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. (See Attached) (No cost to the Agency.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
R26. Approve plan and funding for downtown improvements. (See
Attached) (Cost to the Agency -- $200,000 from the Dollar
House Sales Revenue.) Ward 1
MOTION: That the Community Development Commission
approve the plan and funding for downtown
improvements as listed in the Staff Report dated
January 29, 2001.
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R27. Capital Improvement Loan - Home of Neighborly Service of San
Bernardino, Inc. (See Attached)
MOTION: That the Community Development Commission
approve the forgiveness of the Community
Development Block Grant (CDBG) Capital
Improvement Loan made to the Home of Neighborly
Service in October 1980.
CONTINUED FROM JANUARY 29, 2001
R28. A Resolution of the Community Development Commission of the
City of San Bernardino approving and accepting the purchase by
the Redevelopment Agency of the City of San Bernardino from
MDA-San Bernardino Associates, LLC, of the CinemaStar Theater
parcel and authorizing the Executive Director to execute the
Purchase and Sale agreement and Joint Escrow Instructions on
behalf of the Redevelopment Agency. (Backup distributed
January 29, 2001, Item No.4.)
MOTION: That said resolution be adopted.
CONTINUED FROM JANUARY 29, 2001
R29. A Resolution of the Community Development Commission of the
City of San Bernardino approving and authorizing the Executive
Director of the Redevelopmen t Agency to execute Second
Amendmen t to Multi - Plex Theater Lease by and between the
Redevelopment Agency of the City of San Bernardino and
CinemaStar Luxury Theaters, Inc. (Backup material was
distributed January 29, 2001, Item No.5.)
MOTION: That said resolution be adopted.
TO BE HEARD AT 3:00 P.M.
R30. Appeal filed by Leonard Paul Lopez, Esq., Inland Empire Latino
Lawyers Association Inc., to the Mayor and Common Council --
request for stay relative to certain actions and determinations of
the Economic Development Agency and the Office of the City
Attorney concerning Cypress Inn Mobile Home Park.
(Item Continued on Next Page)
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R30. Continued.
Appellants: Manuel Aldaco, Fidelia Sanchez, Maria Elena Cisneros,
Juana Jimenez, Maria Patlan, and Rosario Jimenez.
Mayor to open the hearing . . .
31. 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.)
32. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Tuesday, February 20,2001, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
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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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