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HomeMy WebLinkAbout07-09-2001Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JULY 9,2001 - 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 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): Stubblefield Construction Company and Stubblefield Properties v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 252058; Manta Management v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157. 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 7/09/2001 1. Continued. 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. 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. Negotiator: Ed Raya, Director of Human Resources Employee Organizations: General Unit & Mid-Management, San Bernardino City Public Employees' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 2 7/09/2001 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Fine Arts Commission - Linda L. Hart - Council Member Anderson. MOTION: That the appointment of Linda L. Hart to the Fine Arts Commission, as recommended by Council Member Anderson, 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 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, su pplemen tal and addend um 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: May 7, 2001 (Distributed on 6/25/01) 3 7/09/2001 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 27, 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 July 2,2001, 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 Administrator LAID OVER FROM JUNE 18,2001 9. An Ordinance of the City of San Bernardino amending Section 3.64.020 of the San Bernardino Municipal Code relating to area tax rates. FINAL READING (Backup material was distributed on June 18, 2001, Item No. 34.) MOTION: That said ordinance be adopted. City Attorney 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium & Haws and the City of San Bernardino to represent the City and designated City Departments, in all proceedings in regard to, or arising out of, specified disciplinary actions. (See Attached) MOTION: That said resolution be adopted. Development Services 11. Resolution of the City of San Bernardino approving an agreement with The Planning Center for providing professional services to update the City's General Plan. (See Attached) (Cost to the City -- $530,000 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 4 7/09/2001 12. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a con tract to All American Asphalt Corporation for pavement rehabilitation on 6th Street from "E" Street to Arrowhead Avenue per Plan No. 10260. (See Attached) (Cost to the City -- $160,000 from the AB 2928 Traffic Congestion Relief Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Lambco Engineering, Inc. for ADA access at various locations per Plan No. 10267. (See Attached) (Cost to the City -- $302,389 from the General Fund.) (Resolution not available at time of printing.) Wards 1,2,3,4,6&7 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute an Air Quality Control Agreement with the San Manuel Band of Mission Indians. (See Attached) (No cost to the City -- $100,000 tribal funding has been included in the FY 2001- 2002 capital project budget.) (Resolution not available at time of printing.) Wards 5&7 MOTION: That said resolution be adopted. 15. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 2001/2002 to 2005/2006 Capital Improvement Program. (See Attached) (Cost to the City - Fiscal Year 2001-2002 Capital Improvement costs have been budgeted in the FY 2001/2002 adopted budget.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 5 7/09/2001 16. Item Deleted. Facilities Manae:ement 17. Resolution of the Mayor and Common Council of San Bernardino authorizing the Purchasing Manager to issue an annual purchase order and sign a standard form service agreement with SK Telecon, Inc. for cable pull service, to be utilized by the Facilities Management Department. (See Attached) (Cost to the City -- $29,601 from the Telephone Support Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of San Bernardino authorizing the execution of a contract with Donald M. Hoover Company, for the installation of a taraflex gymnasium floor at the San Bernardino Boys' and Girls' Club. (Cost to the City -- $58,700 from the General Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2001-02 adopted budget and increase Facilities Management's budget by $51,000 (Account No. 001-325-5706 - Alterations and Renovations) and also increase revenue Account No. 00 1-000-490 I-Miscellaneous Revenue, by $51,000 to reflect the reimbursement to be received from County CDBG funds. Mayor's Office 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing payment of $50,000 to the San Bernardino City Unified School District to fund two (of eight) community based homework centers. (See Attached) (Cost to the City -- $50,000 from the General Fund.) MOTION: That said resolution be adopted. 6 7/09/2001 Parks, Recreation & Community Services 20. Resolution authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with Provisional Educational Services, Incorporated, related to providing work experience sites for youth and adults. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 21. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with New Hope Missionary Baptist Church relating to training related work experience for students. (See Attached) (No cost to the City.) All Wards MOTION: That said resolution be adopted. 22. Resolution of the City of San Bernardino authorizing the execution of Amendment No. 11 to the agreement between the City and Casa Ramona, Inc. relating to the operation of a drop-in center located at 1524 West 7th 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. 23. Resolution awarding a Purchase Agreement to R. P. Landscape for landscape and irrigation maintenance services at Seccombe Lake, downtown City facilities, north site facilities, parking lots and medians, San Bernardino Stadium and south site facilities per Attachment 1 for a period of twelve (12) months in accordance with Bid Specification F02-11. (See Attached) (Cost to the City -- $258,600 from the General Fund.) All Wards MOTION: That said resolution be adopted. 7 7/09/2001 Police 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of annual agreements with the County of San Bernardino to provide equipment and user access into the National Law Enforcement Telecommunication System (NLETS), the California Law Enforcement Telecommunications (CLETS), and the Sheriff's Central Name Index (CNI). (See Attached) (Cost to the City -- $33,877.20 from the General Fund.) MOTION: That said resolution be adopted. Public Services 25. Resolution of the City of San Bernardino authorizing the execution of an annual purchase order, with two single year renewal options, to Poma Distributing Company, Inc. for automotive, heavy truck and heavy equipment lubricants. (See Attached) (Cost to the City -- $40,000 from the Motor Pool Fund.) MOTION: That said resolution be adopted. Water 26. Resolution of the Mayor and Common Council of the City of San Bernardino declaring property located at 1108 North Arrowhead Avenue in the City of San Bernardino as surplus, authorizing the sale of said property to the Economic Development Agency of the City of San Bernardino for concurrent resale, and directing the execution of the necessary documents (See Attached) (No cost to the City.) Ward 2 MOTION: That said resolution be adopted. 27. A Resolution of the Mayor and Common Council of the City of San Bernardino approving a quitclaim deed transferring rights to enter to Inland Valley Development Agency for property originally owned by Ersul Water Company. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 8 7/09/2001 COMMITTEE CONSENT Recommended for approval at the Lee:islative Review Committee meetine: on June 7, 2001 - Council Members Present: Lien, McGinnis and Schnetz 28. An Ordinance of the City of San Bernardino amending Sections 5.14.010, 5.14.020, 5.14.040 and 5.14.050 of Chapter 5.14 of the San Bernardino Municipal Code relating to entertainment - dances and adult entertainment. FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT CONTINUED ITEMS Council Office CONTINUED FROM JUNE 18,2001 29. Discuss and take possible action relative to Charter amendments relating to Restrictions on Officers and setting Mayor's salary at 70 percent of a Superior Court Judge, County of San Bernardino, State of California, salary as of 01/01/01. (Backup material for Restrictions on Officers was distributed on May 21, 2001, Item No. 30; Backup material for Mayor's Salary was distributed on June 18, 2001, Item No. 40.) A. Resolution of the City of San Bernardino proposmg an amendment to the Charter of said City relating to restrictions on officers. B. Resolution of the City of San Bernardino submitting to the electors a proposed Charter Amendment relating to Restrictions on Officers; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. C. Resolution of the City of San Bernardino proposing an amendment to the Charter of said City relating to salary of Mayor. 9 7/09/2001 29. Continued. D. Resolution of the City of San Bernardino submitting to the electors a proposed Charter Amendment relating to salary of the Mayor; transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. MOTION: That said resolutions A-D, be adopted. City Administrator CONTINUED FROM JUNE 26,2001 30. Discuss and take possible action regarding possible amendments to the FY 2001-2002 Budget. (See Attached) Finance CONTINUED FROM JUNE 26,2001 31. Resolution of the City of San Bernardino approving and adopting the final budget of said City for the Fiscal Year 2001-2002; establishing the appropriation limit for the Fiscal Year 2001-2002 in accordance with the provisions of Division 9 of Title 1 of the California Government Code; and updating Position Control Resolution No. 97-244 and Salary Resolution 6413 to reflect the changes in authorized positions and salaries. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. PLANNING ITEMS TO BE HEARD AT 11:00 A.M. 32. Public hearing - Development Permit Type II No. 01-05 - appeal of approval of a 155,917 square foot commercial use located northwest of University Parkway and Hallmark Parkway in the UBP-2, University Business Park land use district. (See Attached) Ward 6 Applicant: Harold Garcelon Hallmark & Foreman 1152 N. Mountain Avenue Upland, CA 91786-3669 10 7/09/2001 32. Continued. Appellant: Carol Gold 6715 N. Miners Court San Bernardino, CA 92407 Request/Location: This is a request to construct a Wal-Mart on vacant land located northwest of University Parkway and Hallmark Parkway in the UBP-2, University Business Park land use district. Mayor to open the hearing . . . MOTION: That the hearing be closed; that the Mayor and Common Council uphold the Planning Commission's adoption of the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program and approval of Development Permit II No. 01-05 based on the Findings of Fact in Development Code Section 19.44.060, subject to the Conditions of Approval and Standard Requirements. END OF PLANNING ITEMS STAFF REPORTS Council Office 33. League of California Cities Legislative Task Force update. 34. Discuss and consider possible action to repeal Resolution No. 2001-7, a resolution censuring the City Attorney for unauthorized and insensitive conduct. END OF STAFF REPORTS 11 7/09/2001 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, JULY 9, 2001 - 2:00 P.M. PRESENT: ABSENT: R35. Request approval to purchase residential surplus property from the City of San Bernardino Water Department. (See Attached) Ward 2 MOTION: That the Community Development Commission au thorize the Redevelopment Agency to purchase the City of San Bernardino Water Department residential surplus property located at 1108 North Arrowhead Avenue and the concurrent resale of the property to ANR Industries under the perimeters of the Acquisition, Rehabilitation and Resale (ARR) Program Agreement. R36. Request to schedule a joint public hearing - RDA Amendments for Mt. Vernon Corridor and Central City South. (See Attached) Wards 1 & 3 (Communitv Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Mount Vernon Corridor Redevelopment Project and setting the date of a joint public hearing with the Mayor and Common Council of the City of San Bernardino to consider an amendment to the Redevelopment Plan to extend eminent domain powers to acquire non-residentially occupied property. (Resolution not available at time of printing.) 12 7/09/2001 R36. Continued. (Mavor and Common Council) B. Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Mount Vernon Corridor Redevelopment Project and setting the date of a joint public hearing with the Community Development Commission of the City of San Bernardino to consider an amendment to the Redevelopment Plan to extend eminent domain powers to acquire non-residentially occupied property. (Resolution not available at time of printing.) (Communitv Development Commission) C. Resolution of the Community Development Commission of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Central City South Redevelopment Project and setting the date of a joint public hearing with the Mayor and Common Council of the City of San Bernardino to consider an amendmen t to the Redevelopment Plan to restore eminent domain powers to acquire non-residentially occupied property. (Resolution not available at time of printing.) (Mavor and Common Council) D. Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings regarding a proposed amendment of the Redevelopment Plan for the Central City South Redevelopment Project and setting the date of a joint public hearing with the Community Development Commission of the City of San Bernardino to consider an amendment to the Redevelopment Plan to restore eminent domain powers to acquire non-residentially occupied property. (Resolution not available at time of printing.) MOTION: That said resolutions A-D, be adopted. 13 7/09/2001 37. 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.) 38. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, July 23, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 14 7/09/2001 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. 15 7/09/2001