HomeMy WebLinkAbout04-16-2001Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, APRIL 16, 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 15 - 17.)
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, et al. - San Bernardino
Superior Court Case No. SCVSS 66744;
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1. Continued.
City of San Bernardino Municipal Water Department v. The
United States Department of the Army - United States
District Court Case No. CV 96-8867, consolidated with CV
96-5205;
Cervantes v. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 54794;
Roy Gonzales, Adolpho Arellano, Richard Robledo, Salvador
Jimenez v. The City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 54993;
John Windley v. City of San Bernardino, et al.- United States
District Court Case No. CV 98-6247 AJW;
Alvarez & Associates, et al. v. City of San Bernardino, et al -
United States District Court Case No. 00-03048 GHK (Rcx).
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.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation - pursuant to subdivision (c) of
Government Code Section 54956.9:
City of San Bernardino, Redevelopment Agency of the City of
San Bernardino, Economic Development Agency v. Jaime
Alvarez, Marisela Alvarez Labistida, Eunice Alvarez, Elena
Alvarez Labistida, Gina Alvarez Bosch, Adrienne Christine
Holes, Hector Labistida, Jason Omar Bosch, Does 1-50.
D. Closed Session - 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.
(Item Continued on Next Page)
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4/16/2001
1. Continued.
F. Conference with labor negotiator - pursuant to Government
Code Section 54957.6.
Negotiator:
Fred Wilson, City Administrator
Employee Organization:
San Bernardino Confidential Management Association
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
END OF CLOSED SESSION
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4/16/2001
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Animal Advisory Commission - Sue Dawson - Council
Member Schnetz. (See Attached)
B. Human Relations Commission - Carl Clemons - Mayor
Valles. (See Attached)
MOTION: That the appointments of Sue Dawson and Carl
Clemons, as recommended by Council Member
Schnetz and Mayor Valles, be approved.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 22, 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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4/16/2001
6.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief
Examiner dated April 11, 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
7. Authorize execution of Change Order No. 1 to the contract with
Architect Milford Wayne Donaldson, FAIA, Inc., for preparation of
the final plan, specifications, and estimates for renovation and
retrofit of the San Bernardino Santa Fe Depot. (See Attached)
(Cost to the City -- $8,500 from the Federal and State
Programs Fund.) Ward 1
MOTION: That the Mayor and Common Council approve
Contract Change Order No. One to the contract with
Architect Milford Wayne Donaldson, FAIA, Inc. for
preparing a final plan, specifications, and estimates for
renovation and retrofit of the San Bernardino Santa Fe
Depot.
8. Authorize execution of Change Order No. 5 to the contract with
Bonadiman-McCain, Inc. in the amount of $7,784.95 for
installation of storm drain improvements in Mount Vernon Avenue
from Base Line Street to 16th Street. (See Attached) (Cost to the
City -- $7,784.95 from the Storm Drain Construction Fund.)
Ward 6
MOTION: That the Mayor and Common Council approve
Contract Change Order No. Five in the amount of
$7,784.95 to the contract with Bonadiman-McCain,
Inc. to compensate the contractor for removal of
concrete thicker than shown on plans (corings) for Mt.
Vernon Avenue from Base Line Street to 16th Street.
9. Resolution of the Mayor and Common Council of the City of San
Bernardino establishing a Disadvantaged Business Enterprise
(DBE) program and DBE goals for federal financial assistance
projects. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
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4/16/2001
10. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Anthony Marmolejo
Construction Company, Inc. for modification to the Nunez Park
building located at 1717 W. Fifth Street to meet Americans with
Disability Act (ADA) standards. (See Attached) (Cost to the City --
$87,000 [$23,000 from the Park Construction Fund and
$64,000 from CDBG funds].) Ward 3
MOTION: That said resolution be adopted.
11. Authorization to execute Change Order No. One - Avila
Construction, Inc. for street improvements at 21st Street and San
Gabriel Street, per Plan No. 10139. (See Attached)
MOTION: That the Mayor and Common Council authorize the
execution of Change Order No. One in the amount of
$9,868 to the contract with Avila Construction, Inc. for
street improvements at 21st Street and San Gabriel
Street per Plan No. 10139.
12. Approval of Contract Change Order No. One to the contract with
Bond Blacktop, Inc. for slurry sealing of various streets, Phase X
per Plan No. 10126.
MOTION: That the Mayor and Common Council approve
Contract Change Order No. One in the amount of $52,190 to the
contract with Bond Blacktop, Inc. for slurry sealing of various
streets, Phase X per Plan No. 10126.
Finance
13. Resolution authorizing and approving the borrowing of funds for
Fiscal Year 2001-2002; the issuance and sale of a 2001-2002 Tax
and Revenue Anticipation Note therefor and participation in the
California Communities Cash Flow Financing Program. (See
Attached) (Estimated net earnings to the City -- $125,000 to
the General Fund in FY 2001-2002.) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
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4/16/2001
Fire
14. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing an increase to the annual purchase order
with Allstar Fire Equipment for additional replacement of safety
equipment. (See Attached) (Cost to the City -- $2,500 from the
General Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino adopting a standard
agreement to be used for gaining the permission of parcel owners
to enter their property for the purposes of conducting prescribed
and/or training burns. (See Attached) (No cost to the City.)
All Wards
MOTION: That said resolution be adopted.
Human Resources
LAID OVER FROM APRIL 2, 2001
16. An ordinance of the Mayor and Common Council of the City of San
Bernardino authorizing an amendment to the con tract between the
Mayor and Common Council of the City of San Bernardino and the
Board of Administration of the California Public Employees'
Retirement System. (Safety Employees - 3% at 55) FINAL
READING (Backup material was distributed on April 2, 2001,
Item No. 20.)
MOTION: That said ordinance be adopted.
Parks, Recreation & Community Services
17. Authorize budget amendment to cover cost of fence construction
for an off-leash dog park at Wildwood Park. (See Attached) (Cost to
the City -- $22,400 from the Park Construction Fund.) Ward 4
MOTION: That the Director of Finance be authorized to amend
the FY 2000-2001 Park Construction Budget and
transfer $16,000 from Account No. 243-363-5505-
1944 (AI Guhin Park Development) and $6,400 from
Account No. 243-363-5504-1941 (Citywide Park
Furnishings) for construction costs for the off-leash
dog park at Wildwood Park.
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4/16/2001
18. Resolution of the City of San Bernardino authorizing the Mayor of
the City of San Bernardino or her designee to execute an
agreemen t between California Department of Forestry and Fire
Protection and the City of San Bernardino for the development,
use, and maintenance of open space park located at Sierra Way
and 39th Street in the City of San Bernardino. (See Attached) (No
cost to the City.) (Resolution not available at time of printing.)
Ward 4
MOTION: That said resolution be adopted.
Police
19. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a memo rand urn of
understanding (MOU) with the County of San Bernardino
Pro bation Departmen t that defines the operating agreements
between the two organizations as they administer the grant funded
Juvenile Accountability Program known as Intervention and
Management of Probationer Accountability and Compliance of
Terms (IMPACT). (See Attached) All Wards
MOTION: That said resolution be adopted.
Public Services
20. Resolution of the City of San Bernardino authorizing the execution
of purchase orders to various automobile vendors for the purchase
of replacement vehicles for various departments; and to reject all
bids for Bid #F-01-48A Item #009. (See Attached) (Cost to the
City -- $573,324.56 from the Motor Pool Fund.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
21. Resolution of the City of San Bernardino authorizing an increase to
the annual purchase order with Toter Incorporated for purchase of
residential recycling carts for the public education campaign. (See
Attached) (Cost to the City -- $21,500 from the Federal and
State Programs Fund.) All Wards
MOTION: That said resolution be adopted.
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4/16/2001
22. Resolution of the City of San Bernardino authorizing the execution
of a purchase order to Raceway Ford for fifteen (15) Year 2001 Ford
Crown Victoria Police Interceptors; and authorizing the Purchasing
Manager to solicit lease-purchase rate quotes and award a lease-
purchase to the lowest responsible leasing company. (See
Attached) (Cost to the City -- $352,121.55, plus lease costs,
from the Motor Pool Fund.) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval by the Lee:islative Review
Committee on March 12, 2001 - Committee Members present:
Lien and McGinnis
23. An Ordinance of the City of San Bernardino amending Sections
5.14.010, 5.14.020 and 5.14.050 of Chapter 5.14 of the San
Bernardino Municipal Code relating to Entertainment - Dances
and Adult Entertainment. FIRST READING (See Attached)
(Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
Recommended for approval by the Ways and Means Committee
on March 21, 2001 - Committee Members present: Schnetz
and McCammack
24. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute an agreement with
MBIA Muniservices Company for services related to utility users
tax and franchise fee revenues. (See Attached) (Net savings to
City in the first year -- $110,156.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
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4/16/2001
Recommended for approval by the Personnel Committee on
April 9, 2001 - Committee Members present: Anderson,
McCammack and Suarez
25. Increase salary for the position of Senior Plan Checker in the
Development Services Department. (See Attached) (Cost to the
City -- $4,500 annual cost from the General Fund.)
MOTION #1:
MOTION #2:
That the Mayor and Common Council increase
the salary for the Senior Plan Checker from
Range 2443, ($4,044-$4,916/month to Range
2457, ($4,337-$5,272/month); and
That the Human Resources Department be
directed to update Resolution No. 6413, Section
Eleven, to reflect this particular action.
26. Authorize addition of one Building Inspector I position in the
Development Services Department. (See Attached) (Cost to the
City -- $51,090 annual cost to the General Fund.)
MOTION #1:
MOTION #2:
That the Mayor and Common Council add one
(1) Building Inspector I position, Range 1374,
$2,867-$3,485/month; and
That the Human Resources Department be
directed to update Resolution No. 6413, Section
Eleven and Resolution No. 97-352 to reflect
these actions.
27. Authorize establishment of an Emergency Medical System
Coordinator position. (See Attached) (Cost to the City --
$75,120 annual cost offset by revenues from the
public/private partnership with American Medical Response.)
MOTION # 1: That the Mayor and Common Council authorize
the establishment of an Emergency Medical
System Coordinator, Range 4478, $4,818 -
$5,854/month; and
MOTION #2: That the Human Resources Department be
directed to update Resolution No. 6413, Section
Fourteen.
END OF COMMITTEE CONSENT
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4/16/2001
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 10:00 A.M.
28. Oral bids - 10:00 a.m. - and awarding of bid - sale of City Water
Departmen t Property located north and south of Orange Show
Road, west of Waterman Avenue. (See Attached) (Cost to the
City -- $2,370 from the General Fund.) Ward 3
Mayor to open the bid hearing . . .
MOTION #1:
MOTION #2:
MOTION #3:
MOTION #4:
MOTION #5:
MOTION #6:
MOTION #7:
MOTION #8:
That the hearing accepting oral bids for the sale
of City and Water Department property, as per
Bid Specification No. 15.02-223, be closed; and
That the bid amount of $17,200 from Mathis
and Eddie Davis for Parcel Four (APN: 0136-
441-04), be approved; or
That the oral bid amount of $ from
for Parcel Four (APN 0136-
441-04), be approved; and
That the oral bid amount of $ from
for Parcel One (APN 0136-
431-34), be approved;
That the oral bid amount of $ from
for Parcel Two (APN 0136-441-
35), be approved;
That the oral bid amount of $ from
for Parcel Three (APN 0136-
441-26), be approved; and
That the Director of Development Services be
authorized to re-advertise a Notice Inviting Bids
for the sale of three City owned parcels north
and south of Orange Show Road, west of
Waterman Avenue, using the services of a Real
Estate Broker; or
That the proceedings for the sale of three City
owned parcels north and south of Orange Show
Road, west of Waterman Avenue be suspended.
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4/16/2001
City Clerk
TO BE HEARD AT 10:00 A.M.
29. Public hearing - resolution imposing liens on property located
within the City of San Bernardino for uncollected business
registration fees. (See Attached)
Resolution of the City of San Bernardino imposing liens on certain
parcels of real property located within the City of San Bernardino
for uncollected business registration fees.
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 PUBLIC HEARINGS
CONTINUED ITEMS
Development Services
CONTINUED FROM APRIL 2,2001
30. Termination of the contract with Avila Construction for street
improvements of Art Townsend Drive and Otto Gericke Drive at the
San Bernardino International Airport per Plan No. 9479,
authorization to pay approximately $30,300 to Avila Construction
for work completed and authorization for direct purchase of the
12" and 16" water line pipe and fittings currently stored at the site
for an estimated amount of $125,000 subject to verification of
actual vendor invoice and reasonable handling costs. (Backup was
distributed on March 26, 2001, Item No.2; item was
continued to April 2, 2001, Item No. 18.)
MOTION: That the matter be continued to May 7, 2001.
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4/16/2001
Development Services
CONTINUED FROM MARCH 19,2001
31. 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 Universal
Avenue a through highway at its intersection with Varsity Avenue
and declaring Varsity Avenue a through highway from College
Avenue to Universal Avenue. (Backup material was distributed
on February 20, 2001, Item No. 14; and item was continued to
March 19, 2001, Item No. 28.) Ward 5
MOTION: That the matter be continued to May 21,2001.
CONTINUED FROM APRIL 2,2001
32. Report from Ways and Means Committee related to purchase order
increases for Public Services Item Nos. 18-23 approved on March
19,2001.
MOTION That the matter be continued to May 7, 2001.
STAFF REPORTS
Mayor's Office
33. Discussion with Bob Murray and Associates regarding
development of candidate profile and recruitment of Police Chief.
TO BE HEARD AT 12:00 P.M.
R34. Luncheon workshop - 12 noon - Economic Development Agency
Boardroom - Consideration of an interim financing strategy
regarding the downtown Cinema Complex - Central City North
Redevelopment Project Area. (See Attached) Ward 1
(Community Development Commission)
A. Resolution of the Community Development Commission of
the City of San Bernardino approving Float Loan Agreement
by and between City of San Bernardino and the
Redevelopment Agency of the City of San Bernardino with
respect to Cinemastar property acquired by the
Redevelopment Agency of the City of San Bernardino from
MDA-San Bernardino Associates, L.L.C. (Resolution not
available at time of printing.)
(Item Continued on Next Page)
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4/16/2001
R34. Continued.
(Community Development Commission)
B. Resolution of the Community Development Commission of
the City of San Bernardino authorizing deposit of certain
funds to the Central City North Project Area and Central City
Project Area and ratifying the loan of low and moderate
income housing funds to the San Bernardino Mobilehome
Park Corporation. (Resolution not available at time of
printing.)
(Mayor and Common Council)
C. Resolution of the Mayor and Common Council of the City of
San Bernardino approving Float Loan Agreement by and
between City of San Bernardino and the Redevelopment
Agency of the City of San Bernardino with respect to
Cinemastar property acquired by the Redevelopment Agency
of the City of San Bernardino from MDA-San Bernardino
Associates, L.L.C. (Resolution not available at time of
printing.)
MOTION: That the Mayor and Common Council approve
an amendment to the City of San Bernardino
2000-2001 Annual Consolidated Plan
authorizing a Community Development Block
Grant (CDBG) and Redevelopment Agency $3.6
million Float Loan in conjunction with the
Downtown Cinema Complex; and that said
resolutions A-C, be adopted.
END OF STAFF REPORTS
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4/16/2001
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, APRIL 16, 2001 - 2:00 P.M.
PRESENT:
ABSENT:
R35. Exclusive Right to Negotiate - Arthur Pearlman Corporation -
Santa Fe Depot Area Plan, Mt. Vernon Corridor & Uptown
Redevelopment Project Areas. (See Attached) Wards 1 & 3
MOTION: That the Community Development Commission
authorize staff to proceed with the necessary owner
participation notices and preparation of a draft
Exclusive Right to Negotiate Agreement.
R36. Northwest Redevelopment Project Area Committee - budget
increase request. (See Attached) Ward 6
MOTION: That the Community Development Commission
authorize an increase of $5,000 in the Agency's budget
for the Northwest Redevelopment Project Area
Committee.
TO BE HEARD AT 2:00 P.M.
R37. Public hearing - 2001/2002 Annual Consolidated Plan Community
Development Block Grant (CDBG), Emergency Shelter Grant
(ESG), and Home Federal Programs. (See Attached)
(Item Continued on Next Page)
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4/16/2001
R37. Continued.
Resolution of the Mayor and Common Council authorizing and
approving the (1) reallocation of 2000-2001 CDBG funds in the
amount of $110,000 (Attachment I (D) and ESG funds in the
amount of $15,000; (2) 2001-2002 Annual Consolidated Plan
("Plan") which includes funding activities for CDBG, Home, ESG, in
the total amount of $6,122,000; (3) Mayor, or her designee, to
execute and submit to u.s. Department of Housing & Urban
Development (HUD) all required documents and to take all
necessary actions to implement the City's 2001/2002 Plan,
including execution of CDBG Agreements with respective service
providers. (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
R38. Resolution of the Community Development Commission approving
and adopting the Redevelopment Agency's 2001 Replacement and
Inclusionary Housing Plan. (See Attached) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
R39. Presentation by Acquisition, Rehabilitation and Resale (ARR)
Contractors regarding motion passed at April 2, 2001 meeting of
the Mayor and Common Council and Community Development
Commission which requires independent examination of all
documents associated with Mortgage Assistance Program loans,
and loan underwriting of all ARR loans by independent loan
underwriters. (See Attached)
MOTION: Discuss and take possible action regarding the motion
passed at the April 2, 2001, meeting of the Mayor and
Common Council and the Community Development
Commission which requires an independent
examination of all documents associated with all
Mortgage Assistance Program loan applications, and
loan underwriting of all ARR loans by independent
loan underwriters.
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4/16/2001
R40. Resolution of the Mayor and Common Council approving the
Fourth Amendmen t to the Mutual Release and Settlemen t
Agreement between the City of San Bernardino and Dr. Irving
Feldkamp. (Resolution not available at time of printing.)
Ward 5
MOTION: That said resolution be adopted.
R41. Resolution of the Community Development Commission approving
an amendment to letter agreement with City of San Bernardino
regarding MAP assistance with Dr. Irving M. Feldkamp. Ward 5
MOTION: That said resolution be adopted.
42. 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.)
43. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, May 7, 2001, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
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4/16/2001
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.
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4/16/2001