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HomeMy WebLinkAbout03-05-2001Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 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 9 & 10.) 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): Cumming, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 66744; 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 VAP; (Item Continued on Next Page) 1 3/5/2001 1. Continued. City of San Bernardino Municipal Water Department v. United States Department of the Army - United States District Court Case No. CV 96-8867 consolidated with CV 96-5205; Clark v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 40674; Juanita Gates v. San Bernardino Police Department, et al. - Superior Court Case No. SCVSS 71168; Redevelopment Agency of the City of San Bernardino v. John Borba - 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. Closed Session - personnel - pursuant to Government Code Section 54957. 1. Public employee release 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. (Item Continued on Next Page) 2 3/5/2001 1. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. 2. 3. Property Address: Negotiating Parties: Under Negotiations: Property Address: Negotiating Parties: Under Negotiations: Property Address: Negotiating Parties: Under Negotiations: Tippecanoe at Laurelwood Pearlman/Hopkins; and Gary Van Osdel on behalf of the Economic Developmen t Agency Purchase Terms & Conditions 532 North "D" Street Eloise Reyes; and Ann Harris on behalf of the Economic Developmen t Agency Purchase Terms & Conditions 736 North Berkeley Avenue (0140-271-09); 669 North "G" Street (0134-021-38); 630 North "F" Street (0134-021- 17); 734 North Berkeley Avenue (0140-271-10) San Bernardino City Unified School District; and Maggie Pacheco on behalf of the Economic Development Agency Purchase Terms & Conditions END OF CLOSED SESSION 3 3/5/2001 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Appointment - Evelyn Alexander - Board of Police Commissioners - Mayor Valles. MOTION: That the appointment of Evelyn Alexander, to the Board of Police Commissioners, as requested by Mayor Valles, be approved. 3. Presentations. 4. Announcemen ts by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 11, 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. 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: January 8, 2001 January 29, 2001 (Distributed on 3/1/01) (Distributed on 2/22/01) 4 3/5/2001 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 28, 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 February 26, 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. Development Services LAID OVER FROM FEBRUARY 20,2001 9. An Ordinance of the City of San Bernardino modifying Chapter 19.02 (Definitions) and Chapter 19.06 (Commercial Districts) of the San Bernardino Municipal Code (Development Code) to modify text related to definitions, requirements and standards for neighborhood grocery stores. FINAL READING (Backup material was distributed February 20, 2001, Item No. 31.) All Wards MOTION: That said ordinance be adopted. Parks, Recreation & Community Services 10. Park lawn mowing contract concept. (See Attached) MOTION: That staff be directed to meet and confer with the affected bargaining units to discuss an increase to park lawn mowing contract services. Water Department 11. Receive and file 1999-2000 Audit Report for Water Department Water and Sewer Utilities. (See Attached) (No cost to the City.) MOTION: That the Mayor and Common Council receive and file the 1999-2000 Audit Report for the Water Department Water and Sewer Utilities. END OF CONSENT CALENDAR 5 3/5/2001 COMMITTEE CONSENT Recommended for approval by Lee:islative Review Committee on February 8, 2001 - Committee Members Present: Lien, McGinnis and Schnetz 12. Reapportionment of Common Council Wards - Task Force Appointments. (See Attached) MOTION: That the Mayor and Common Council appoint a Redistricting Task Force, as described in the attached staff report, to begin the process of redistricting the ward boundaries. Recommended for approval by Ways and Means Committee on February 28, 2001 - Committee Members present: Schnetz, McGinnis and McCammack 13. Mid-year Budget Review for FY 2000-2001. (See Attached) MOTION #1: That the FY 2000-2001 Mid-Year Budget Report be received and filed. MOTION #2: That the Director of Finance be authorized to amend the FY 2000-2001 adopted Fleet Fund, Refuse Fund, and Utility Fund budgets as ou tlined in the Staff Report. END OF COMMITTEE CONSENT CONTINUED ITEMS Development Services CONTINUED FROM DECEMBER 4, 2000 14. Request to continue to June 4, 2001, the Resolution approving Final Map for Tentative Tract No. 14112, located northeasterly of the intersection of Foothill Drive and Sterling Avenue. (No cost to the City.) (Backup material was distributed on May 17, 1999, Item No. 14; item was continued to August 16, 1999, Item No. 31; item was continued to December 6, 1999, Item No. 33; item was continued to March 6, 2000, Item No. 29; item was continued to June 5, 2000, Item No. 26; item was continued to September 5, 2000, Item No. 33; and item was continued to December 4, 2000, Item No. 20.) Ward 4 6 3/5/2001 14. Continued. MOTION: That the Final Map for Tentative Tract No. 14112 be continued to the Council Meeting of June 4, 2001. STAFF REPORTS City Attorney's Office 15. Possible Brown Act violation at Council Meeting of February 20, 2001. MOTION: That the staff report be received and filed. City Clerk's Office 16. An Ordinance of the City of San Bernardino amending Section 5.04.500 of the San Bernardino Municipal Code relating to swap meets. FIRST READING (See Attached) (No cost to the City.) (Ordinance not available at time of printing.) All Wards NOTE: This item was heard by the Legislative Review Committee on February 8,2001, and was recommended to be forwarded to the full Council. MOTION: That said ordinance be laid over for final adoption. 17. Certificate of Sufficiency - Referendum Petition relative to Ordinance No. MC-I091. (See Attached) MOTION: That the Mayor and Common Council receive and file the Certificate of Sufficiency certifying the Referendum Petition filed on February 14, 2001, by proponents Evlyn Wilcox and Wendy McCammack in protest of Ordinance No. MC-I091. Council Office 18. An Ordinance of the City of San Bernardino repealing Ordinance No. MC-I091 which attempted to prevent the need to obtain City Attorney approval prior to the retention of outside special counsel services. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. 7 3/5/2001 19. Luncheon workshop - 12 noon - Economic Development Agency Boardroom - to receive information regarding the proposed Proposition 12 State Bond Initiative Spending Plan. (See Attached) END OF STAFF REPORTS 8 3/5/2001 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, MARCH 5, 2001 - 2:00 P.M. PRESENT: ABSENT: R20. Resolution of intention to approve an amendment to contract between the Board of Administration California Public Employees' Retiremen t System and the Commissioners San Bernardino Economic Development Agency. (See Attached) (No cost to the Agency -- $208,934 cost from PERS Surplus/Over Funded.) MOTION: That said resolution be adopted. R21. Mid-Year Budget Review. (See Attached) (Community Development Commission) MOTION: That the Community Development Commission receive and file the Economic Development Agency's Mid-Year Budget Review Report. R22. Amendments to State Office Building Agreements Phase II. (See Attached) Ward 1 MOTION: That the Community Development Commission au thorize the Chairman and Secretary to execute an amendment to the Construction Management Agreemen t to extend the commence men t of construction date for the Phase II State Office building of December 1,2000 to December 5,2005. 9 3/5/2001 R23. Resolution of the Community Development Commission approving (1) the Amendment No.2 to the Agreement between Neighborhood Housing Services of the Inland Empire, Inc., and the Redevelopment Agency, dated September 7, 1999 increasing the Agency Housing Funds to $1.2 million annually for three years, subject to funding availability; making certain program revisions; and (2) authorizing and directing the Agency Executive Director to execute said Amendment No.2. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. CONTINUED FROM FEBRUARY 20, 2001 R24. 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. (Backup material distributed on February 5, 2001, Item No. R25; and item was continued to February 20, 2001, Item No. R38.) Ward 4 MOTION: That said resolution be adopted. 25. 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.) 26. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, March 19, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 10 3/5/2001 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. 11 3/5/2001