HomeMy WebLinkAbout07-23-2001Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, JULY 23, 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 page 11.)
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):
Jaime Alvarez, et al. v. City of San Bernardino - United
States District Court Case No. CV 00-0304B;
Stewart D. Cumming, et al. v. City of San Bernardino, et al. -
San Bernardino Superior Court, Central District, Case No.
SCVSS 66744;
Perry L. Pollick v. City of San Bernardino - Workers'
Compensation Case No. SBR 0291036;
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Gary Schultzman v. City of San Bernardino, et al. - Workers'
Compensation Case No. SBR 0298587;
William Walker, et al. v. City of San Bernardino, et al. -
United States District Court Case No. SA CV 98-196 AHS
(EEx);
San Bernardino Redevelopment Agency v. William Cooper -
San Bernardino Superior Court, Central District, Case No.
SCVSS 67622.
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.
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 Organization:
Mid-Management San Bernardino City Public
Employees' Association
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
Property Address:
1505 West Highland Avenue
Negotiating Parties:
Rick Schlinder, and Ann Harris on
behalf of the Economic Development
Agency
Purchase Terms & Conditions
Under Negotiation:
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
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 20, 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 of the City of San Bernardino,
be approved as submitted in typewritten form:
July 3, 2001
(Distributed on 7/16/01)
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7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
July 18, 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 16, 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
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing an agreement with the City of San
Bernardino and Western Regional Little League Baseball for
financial assistance from the Civic and Promotion Fund for FY
2001/02. (See Attached) (Cost to the City -- $5,000 in direct
funding from the General Fund, and an amount not to exceed
$16,982 in indirect funding for departmental costs.)
(Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
City Attornev
10. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a professional services
agreement between Lewis, D'Amato, Brisbois & Bisgaard and the
City of San Bernardino to represent the City in the case of
Jonathan Smith v. City of San Bernardino, et al. (See Attached)
MOTION: That said resolution be adopted.
11. Agreement for audit of the Economic Development Agency's
Acquisition Rehabilitation and Resale and Mortgage Assistance
Programs.
(Item Continued on Next Page)
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11. Continued.
A. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution on behalf of said
City of an agreement for professional services between Harvey
M. Rose Accountancy Corporation, the City of San Bernardino,
and the City of San Bernardino Economic Development Agency
to conduct an audit of certain segments of the Economic
Development Agency's Acquisition Rehabilitation and Resale
and Mortgage Assistance Programs.
B. Resolution of the Community Development Commission of the
City of San Bernardino, California, authorizing the execution
on behalf of the City of San Bernardino Economic Development
Agency of an agreement for professional services between
Harvey M. Rose Accountancy Corporation, the City of San
Bernardino, and the City of San Bernardino Economic
Development Agency's Acquisition Rehabilitation and Resale
and Mortgage Assistance Programs.
MOTION:
That said resolutions A & B, be adopted.
Council Office
LAID OVER FROM JULY 9,2001
12. 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. FINAL READING (Backup material
was distributed on July 9, 2001, Item No. 28.)
MOTION: That said ordinance be adopted.
Development Services
13. Resolution of the City of San Bernardino establishing a fair market
value and minimum sale price for a certain City owned parcel of
real property generally located on the northwest corner of Little
League Drive and the 1-215 Frontage Road and giving notice
inviting competitive sealed and oral bids for the sale of said
property. (See Attached) (No cost to the City.) Ward 5
MOTION: That said resolution be adopted.
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14. Resolution of the City of San Bernardino authorizing the execution
of an agreement with Site Management Services, Inc. relating to
the installation of mobile/wireless communications facilities on
certain streetlight poles and traffic signal poles owned or con trolled
by the City. (See Attached) (No cost to the City - annual
revenue to the City estimated to be between $1,297 and
$10,704.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a con tract to New West Signal Corporation
for traffic signal interconnect on 40th Street between Kendall Drive
and Sepulveda Avenue per Plan No. 10154. (See Attached) (Cost
to the City -- $50,000 from the Traffic Systems Construction
Fund.) (Resolution not available at time of printing.) Ward 4
MOTION: That said resolution be adopted; and that the Mayor
and Common Council authorize the Director of
Finance to amend the 2001/02 budget and transfer
$13,000 from Account No. 250-370-5504-7076
(Various Traffic System Upgrades) to Account No. 250-
370-5504-7208 (40th Street Signal Interconnect).
16. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to DBX, Inc. for installation of
traffic signals at Rialto Avenue and Sierra Way per Plan No. 10158.
(See Attached) (Cost to the City -- $136,077 from the Gas Tax
Fund.) Ward 1
MOTION: That said resolution be adopted.
17. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to DBX, Inc. for installation of
traffic signals at 16th Street and Medical Center Drive per Plan No.
10142. (See Attached) (Cost to the City - $184,354 from the
AB2928 Traffic Congestion Relief Fund.) Ward 6
(Item Continued on Next Page)
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17. Continued.
MOTION: That said resolution be adopted; and that the Director
of Finance be authorized to amend the FY 2001/02
budget and transfer $13,800 from Account No. 129-
367 -5504-7202 (Disabled Access Ramps - various
locations) to Account No. 250-370-5504-7209 (16th
Street and Medical Center Drive Traffic Signal) also to
amend the revenue account 250-000-4650 Federal Aid
Street Construction to include an additional $18,000.
18. Resolution of the City of San Bernardino establishing and setting
fair market value and sales price of $17,400 and declaring the
intention of the City to sell property generally located northwesterly
of University Parkway, northeasterly of Kendall Drive in the City of
San Bernardino, University Commons, LLC and setting a public
hearing to consider said sale. (See Attached) (Anticipated
revenue to the City in the amount of $17,400, less costs, from
proceeds of the sale.) (Resolution not available at time of
printing.) Ward 5
MOTION: That the Director of Development Services be
authorized to proceed with the sale of City property,
being a portion of the vacated portion of University
Parkway, northeasterly of Kendall Drive; and that said
resolution be adopted.
Human Resources
19. Resolution of the City of San Bernardino approving an agreement
with Liebert Cassidy Whitmore for labor relations training services.
(See Attached) (Cost to the City - $1,750 from the General
Fund.)
MOTION: That said resolution be adopted.
Police
20. Resolution of the City of San Bernardino authorizing the Mayor of
San Bernardino to execute a services agreement with the San
Bernardino City Unified School District for the operation of the
School Crossing Guards Program by the Police Department. (See
Attached) (Cost to the City for Program $288,400 - Agreement
obligates San Bernardino City School District to pay for one-
half of cost, not to exceed $144,200 for FY 2001/2002.)
(Resolution not available at time of printing.)
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20. Continued.
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval bv the Ways and Means Committee
on June 26, 2001 - Committee Members present: Schnetz and
McCammack
21. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the Utility User's Tax Summer Rebate
Program and authorizing the execution of an agreement between
the City of San Bernardino and CBS Payroll for the provision of
UUT Rebate-check processing services. (Cost to the City --
$1,500,000 from the General Fund which includes all
anticipated rebates and administrative costs.) All Wards
MOTION: That said resolution be adopted.
22. Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing enactment of a formula for the
reduction of the Utility User's Tax in the City of San Bernardino.
(See Attached) All Wards
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
STAFF REPORTS
City Administrator
23. Resolutions approving the Fifth Amendment to Mutual Release and
Settlement Agreement between the City and Dr. Irving Feldkamp.
(See Attached) Ward 5
(Item Continued on Next Page)
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23. Continued.
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Fifth Amendment to Mutual
Release and Settlement Agreement between the City of San
Bernardino and Dr. Irving Feldkamp. (Resolution not
available at time of printing.)
Community Development Commission
B. Resolution of the Community Development Commission
approving an amendment to Letter Agreement with the City
of San Bernardino regarding MAP Assistance for Dr. Irving
M. Feldkamp and approving Amendment to Agreement re
deposit of funds. (Resolution not available at time of
printing.)
MOTION: That said resolutions A & B, be adopted.
City Attornev
24. Discuss and take possible action on the proposed Charter
Amendment.
A. Resolution of the City of San Bernardino proposing an
amendment to the Charter of said City relating to
employment of legal counsel.
B. Resolution of the City of San Bernardino submitting to the
electors a proposed Charter Amendment relating to
employment of legal counsel; Transmission of the proposed
Charter Amendment to the Office of the City Attorney for
purposes of preparation of an impartial analysis.
MOTION: That the Mayor and Common Council discuss
and take possible action relative to the proposed
Charter Amendment.
Council Office
25. Request for traffic signal at Kendall Drive at Wagonwheel Road.
(See Attached) Ward 5
MOTION: That the Mayor and Common Council discuss and
take possible action to address public safety concerns
of area residents.
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CONTINUED ITEMS
Water Department
CONTINUED FROM JULY 9,2001
26. A Resolution of the Mayor and Common Council of the City of San
Bernardino approving a quitclaim deed transferring rights to enter
to San Bernardino International Airport Authority for property
originally owned by Ersul Water Company. (New Staff Report
Attached) (Backup material was distributed on July 9, 2001,
Item No. 27.) Ward 1
MOTION: That said resolution be adopted.
City Administrator
CONTINUED FROM JULY 9,2001
27. Luncheon workshop - EDA Boardroom - 12:00 noon - discuss and
take possible action regarding possible amendments to the FY
2001-2002 Budget. (Backup material was distributed on June
26, 2001, Item No.2, and item was continued to July 9, 2001,
Item No. 30.)
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, JULY 23, 2001 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R28. Public hearing - Tippecanoe Retail Project - Relocation Plan;
Redevelopment Financing and Cooperation Grant Agreement; and
Relocation Consulting Contract. (See Attached) Ward 3
(Communitv Development Commission)
A. Resolution of the Community Development Commission of
the City of San Bernardino approving and adopting a
Relocation Plan for the HUB Project. (Resolution not
available at time of printing.)
B. Resolution of the Community Development Commission of
the City of San Bernardino approving the form of and
au thorizing the execution of an agree men t for relocation
services between the Redevelopment Agency of the City of
San Bernardino and Pacific Relocation Consultants (HUB
Project). (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said
resolutions A & B, be adopted.
R29. Resolution of the Community Development Commission of the City
of San Bernardino, California, approving the Economic
Development Agency's Budget for the Fiscal Year 2001-02. (See
Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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30. 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.)
31. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, August 6, 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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