HomeMy WebLinkAbout10-1-01Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, OCTOBER 1, 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 13 & 14.)
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):
City of San Bernardino v. Knight Transportation Inc., et al. -
San Bernardino Superior Court Case SCVSS 69834;
Stubblefield Construction Company, et al. v. City of San
Bernardino, et al. - San Bernardino Superior Court Case No.
SCV 252058;
Victoria Development Company, et al. v. Henri Traugott, et
al. - San Bernardino Superior Court Case No. SCVSS
075996;
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1. Continued.
Gloria Aldama, et al. v. Darby, et al. - San Bernardino
Superior Court Case No. SCVSS 61691.
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.
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.
3. Presentations.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 33, 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.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
September 26, 2001 from Barbara Pachon, Director of
Finance, be approved.
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7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief
Examiner dated September 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.
City Clerk
8. Designation of voting delegate for National League of Cities Annual
Congress of Cities, December 4-8, 2001, Atlanta, Georgia (See
Attached)
MOTION: That Council Member Gordon McGinnis be designated
as the City of San Bernardino's voting delegate for the
National League of Cities Annual Congress of Cities to
be held December 4-8,2001, in Atlanta, Georgia.
Development Services
LAID OVER FROM SEPTEMBER 17. 2001
9. An ordinance of the City of San Bernardino modifying Chapter
19.02 (Definitions) and Chapter 19.04 (Residential Districts) and
Chapter 19.06 (Commercial Districts) of the San Bernardino
Municipal Code (Development Code) to modify text related to
definitions, requirements and standards for social services
uses/centers. FINAL READING (Backup materials were
distributed on September 4, 2001, Item No. 23, and continued
to September 17, 2001, Item No. 24.)
MOTION: That said ordinance be adopted.
10. Resolution of the City of San Bernardino adopting the Five-year
Capital Improvement Program (2001-2006) for Measure "I" local
expenditures. (See Attached) (No cost to the City.) (Resolution
not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
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11. Resolution of the City of San Bernardino approving the Final Map
for Subdivision Tract No. 14193, located on the southeast corner of
Ohio Avenue and Olive Avenue, accepting the public dedications as
set forth on said map; and authorizing execution of the standard
form of agreement for the improvements in said subdivision, with
time for performance specified. (See Attached) (No cost to the
City.) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor or her designee to execute
Program Supplement Agreement No. 005-M with the State of
California for railroad at grade crossing and signal improvement at
Palm Avenue and Burlington Northern Santa Fe Track (BNSF).
(See Attached) (No cost to the City.) Ward 6
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to CDE Resources, Inc. for
pavement rehabilitation on Commercial Road from Hunts Lane to
Waterman Avenue per Plan No. 10251. (See Attached) (Cost to
the City -- $330,000 from the Y2 Cent Sales and Road Tax
Fund.) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Lambco Engineering, Inc. for
installation of 18" storm drain in Highland Avenue from Mt. View
Cemetery to Valencia Avenue, per Plan No. 10248. (See Attached)
(Cost to the City $75,500 from the Storm Drain
Construction Fund.) (Resolution not available at time of
printing.) Wards 2 & 7
MOTION: That said resolution be adopted; and that the Director
of Finance be authorized to amend the 2001/02
budget and transfer $36,000 from Account No. 248-
368-5504-7166 (Repair Failed Box Culverts--Citywide)
to Account No. 248-368-5504-7211 (Installation of 18"
Storm Drain in Highland Avenue from Mt. View
Cemetery to Valencia Avenue).
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15. Resolution of the City of San Bernardino in opposition to the
proposed critical habitat designation of the San Bernardino
Kangaroo Rat. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
16. Reject all bids for pavement rehabilitation on 9th Street between
"H" Street and Waterman Avenue, per Plan No. 10264. (See
Attached) (No cost to the City.) Wards 1 & 2
MOTION: That the Mayor and Council reject all bids for
pavement rehabilitation on 9th Street between "H"
Street and Waterman Avenue, per Plan No. 10264.
17. Reject all bids for street improvements of Art Townsend Drive and
Otto Gericke Drive per Plan No. 9479A and direct staff to rebid the
project. (See Attached) (No cost to the City.) Ward 1
MOTION: That the Mayor and Common Council reject all bids for
street improvements of Art Townsend Drive and Otto
Gericke Drive per Plan No. 9479A and direct staff to
rebid the project as described in the staff report dated
September 21, 2001, from James Funk, Director of
Development Services.
18. Set luncheon workshop - October 15, 2001 - 12:00 p.m. in the
EDA Boardroom - presentation by Caltrans and SANBAG. (See
Attached)
MOTION: That a luncheon workshop be set for Monday, October
15,2001, at 12:00 p.m. in the Economic Development
Agency (EDA) Boardroom to hear a presentation by
Caltrans and SANBAG relative to the proposed street
closure alternatives relative to the construction of 1-
215 and to discuss proposed development of the
aesthetic/landscape master plan.
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EDA
LAID OVER FROM SEPTEMBER 17. 2001
19. An ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and
Common Council and adopting the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Mt. Vernon Corridor
Redevelopment Project and certifying an Addendum to the 1990
Environmental Impact Report. FINAL READING (Backup
material was distributed on August 20, 2001, Item No. R38;
continued to September 4, 2001, Item No. R24, and
continued to September 17, 2001, Item No. R26.)
Wards 1, 3 & 6
MOTION: That said ordinance be adopted.
Human Resources
20. Resolutions amending Resolution No. 6413, Section Ten and
resolution implementing a Memorandum of Understanding
between the City of San Bernardino and the General Unit
Employees. (See Attached) (Cost to the City -- $1,042,000
budgeted in FY 2001-2002.)
A. Resolution of the City of San Bernardino implementing a
Memorandum of Understanding between the City of San
Bernardino and employees in the General Bargaining Unit of
the City of San Bernardino represented by San Bernardino
Public Employees Association. (Resolution not available at
time of printing.)
B. Resolution of the City of San Bernardino amending
Resolution No. 6413, Section Ten, entitled in part "A
resolution. . . establishing a basic compensation plan..."; by
updating information codifying prior Council actions
(General Unit). (Resolution not available at time of
printing.)
MOTION: That said resolutions A & B, be adopted.
21. Resolution approving a side letter to Resolution No. 1999-320 and
a resolution establishing a basic compensation plan for the Middle
Management Bargaining Unit. (See Attached)
(Item Continued on Next Page)
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21. Continued.
A. Resolution of the City of San Bernardino approving a side
letter to Resolution No. 1999-320, Resolution of the City of
San Bernardino and employees in the Middle Management
Bargaining Unit of the City of San Bernardino represented by
the San Bernardino Public Employees Association.
(Resolution not available at time of printing.)
B. Resolution of the City of San Bernardino amending
Resolution No. 6413, Section Eleven, entitled in part, "A
Resolution. . . establishing a basic compensation plan..."; by
codifying prior Council actions (Middle Management Unit).
(Resolution not available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
22. Authorize establishment of salaries for Police Department Ranges
P-l, P-2, P-3 & Law Enforcement Trainee, effective August 1,2001.
(See Attached) (Cost to the City -- $21,592 from the Federal
and State Programs Fund, and $868,019 from the General
Fund.)
MOTION: That the salaries for Police Department Ranges P-l
(Police Officer), P- 2 (Detective/Corporal), P-3 (Sergeant)
and Law Enforcement Trainee be established, effective
August 1, 2001, as outlined in the staff report dated
October 1, 2001, from Edward Raya, Director of
Human Resources; that the Human Resources
Department prepare an amendment to Resolution No.
6429; and that the Director of Finance be authorized
to amend the Fiscal Year 2001-2002 Budget to
transfer $868,000 from the General Government
Budget (001-092-5011) to the Police Department
Budget in the General Fund and make the appropriate
adjustments to the various police grants.
23. Authorize establishment of salaries for Police Department Ranges
P-4, P-5, P-6 & P-7, effective August 1,2001. (See Attached) (Cost
to the City -- $110,000 from various Police account funds.)
(Item Continued on Next Page)
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23. Continued.
MOTION: That the salaries for Police Department Ranges P-4
(Police Lieutenant), P-5 (Police Captain), P-6 (Assistant
Chief of Police) and P-7 (Chief of Police) be established,
effective August 1,2001, as outlined in the staff report
dated October 1,2001, from Edward Raya, Director of
Human Resources; that the Human Resources
Department prepare an amendment to Resolution No.
6429; and that the Director of Finance be authorized
to amend the Fiscal Year 2001-2002 Budget to
transfer $110,000 from General Government Budget
(001-092-5011) to the Police Department Budget in the
General Fund.
24. Authorize establishment of salaries for Fire Department Ranges P-
I, P-2, P-3 & P-4, effective August 1, 2001. (See Attached) (Cost
to the City -- $540,800 from various Fire account funds.)
MOTION: That the salaries for Fire Department Ranges P-1
(Firefighter), P-2 (Firefighter JParamedic), P-3 (Fire
Engineer), P-4 (Fire Investigator and Captain) be
established, effective August 1, 2001, as outlined in the
staff report dated October 1, 2001, from Edward Raya,
Director of Human Resources; that the Human Resources
Department prepare an amendment to Resolution No. 6429;
and that the Director of Finance be authorized to amend
the Fiscal year 2001-2002 Budget to transfer $540,800
from the General Government Budget (001-092-5011) to
the Fire Department Budget in the General Fund.
25. Authorize establishment of salaries for Fire Department Ranges P-
5, P-6 & P-7, Fire Marshal & Training Officer, effective August 1,
2001. (See Attached) (Cost to the City -- $56,300 from various
Fire account funds.)
MOTION: That the salaries for Fire Department Ranges P-5 (Battalion
Chief), P-6 (Deputy Fire Chief), P-7 (Fire Chief), Fire
Marshal and Training Officer be established, effective
August 1, 2001, as outlined in the staff report dated
October 1, 2001, from Edward Raya, Director of Human
Resources; that the Human Resources Department prepare
an amendment to Resolution No. 6429; and that the
Director of Finance be authorized to amend the Fiscal Year
2001-2002 Budget to transfer $56,300 from the General
Government Budget (001-092-5011) to the Fire Department
Budget in the General Fund.
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26. Item Deleted.
27. Item Deleted.
28. Resolution authorizing an increase in the annual purchase order
amoun t to Pool Supply of Orange County for swimming pool
chemicals. (See Attached) (Cost to the City -- $6,000 from the
General Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
29. Resolution of the City of San Bernardino authorizing the Mayor of
the City of San Bernardino or her designee to execute an
agreement with the San Bernardino City Unified School District
relating to the delivery of Type A lunches for the City's year-round
lunch program. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Police
30. Resolution of the Mayor and Common Council of the City of San
Bernardino to approve the destruction of certain police records,
documents and papers pursuant to Section 34090 of the
Government Code of the State of California. (See Attached) (No
cost to the City.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
31. Resolution of the City of San Bernardino accepting the C-CAP
State-of-the Art grant and authorizing expenditure of the awarded
grant funds in accordance to the grant expenditure plan. (See
Attached) (Cost to the City -- $200,000 from the Federal and
State Programs Fund.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
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32. Resolution of the City of San Bernardino authorizing the execution
of annual purchase orders to provide ammunition, laboratory
evidence analysis, and uniforms to be utilized by the City of San
Bernardino Police Department. (See Attached) (Cost to the City -
- $94,200 from the General Fund.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
33. A Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute an interim agreement
for tow services with Hayes Towing consistent with Resolution
1999-86. (See Attached) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
Police
TO BE HEARD AT 10 A.M.
34. Public hearing - resolution authorizing the Mayor and Common
Council to obligate and expend the awarded FY 01/02 Local Law
Enforcement Block Grant monies. (See Attached) (Cost to the
City -- $708,836 from Federal and State Programs Funds.)
Resolution of the City of San Bernardino authorizing the Mayor
and Common Council to obligate and expend the awarded FY
01/02 Local Law Enforcement Block Grant (LLEBG) monies for law
enforcement support expenditures. (Resolution not available at
time of hearing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
END PUBLIC HEARINGS
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PLANNING ITEMS
TO BE HEARD AT 11 A.M.
CONTINUED FROM SEPTEMBER 17. 2001
35. Public hearing - Conditional Use Permit No. 00-11 - to establish a
facility for Central City Lutheran Mission at the southwest corner
of Virginia and "G" Streets. (Backup material was distributed on
September 4, 2001, Item No. 23, and continued to September
17, 2001, Item No. 24.) (No cost to the City.) Ward 2
CUP Applicant: Pastor David Kalke
Central City Lutheran Mission
1354 N. "G" Street
San Bernardino, CA 92405
909.381.6921
Request/Location: The Conditional Use Permit is to allow the
Central City Lutheran Mission to establish a social service facility
at the southwest corner of "G" Street and Virginia Street, in
conjunction with their existing facility. The new uses include a
clinic, dormitory facility for interns, classrooms, and a multi-
purpose facility.
The hearing remains open . . .
MOTION: That the hearing be closed; that the Negative
Declaration be adopted; and Conditional Use Permit
No. 00-11 be approved, based on the Findings of Fact,
subject to the Conditions of Approval and Standard
Requiremen ts.
STAFF REPORTS
City Attorney
36. Status report on outside law firms retained since July 1, 1999.
Council Office
37. League of California Cities Legislative Task Force update.
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END OF STAFF REPORTS
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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, OCTOBER 1, 2001 - 2:00 P.M.
PRESENT:
ABSENT:
CONTINUED FROM SEPTEMBER 17. 2001
R38. Tippecanoe Retail Project In-N-Out Owner Participation
Agreement. (Backup material was distributed on September 4,
2001, Item No. R2, and was continued to September 17, 2001,
Item No. R27.) Ward 1
Community Development Commission
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, making
certain findings and determinations pursuant to Health and Safety
Code Section 33433, making other findings and determinations in
accordance with the California Environmental Quality Act and
approving that certain Owner Participation Agreement by and
between the Redevelopment Agency of the City of San Bernardino
and In-N-Out Burgers on the terms set forth in such agreement.
(Resolution not available at time of printing.)
Mayor and Common Council
A Resolution of the Mayor and Common Council of the City of San
Bernardino acknowledging receipt of a report relating to that
certain Owner Participation Agreement by and between the
Redevelopment Agency of the City of San Bernardino and In-N-Out
Burgers. (Resolution not available at time printing.)
MOTION: That said resolutions be adopted.
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CONTINUED FROM SEPTEMBER 17. 2001
R39. Resolution of the Community Development Commission of the City
of San Bernardino approving and authorizing (1) the Executive
Director of the Agency to execute a HOME Program Community
Housing Development Organization (CHDO) Agreement (Fiscal Year
2000-2001) by and between Neighborhood Housing Services of the
Inland Empire, Inc., (NHS) and the Redevelopment Agency of the
City of San Bernardino (11 units Multi-Family Housing Acquisition
and Rehabilitation) and (2) making certain findings of
Environmental Exemption. (Resolution not available at time of
printing.)
MOTION:
That said resolution be adopted.
R40. Lease of Agency property to the East Valley Water District. (See
Attached) Ward 4
MOTION: That the Mayor and Common Council/ Community
Developmen t Commission ratify changes to
Environmental Indemnity Provisions of lease
agreement by and between the Redevelopment Agency
of the City of San Bernardino and the East Valley
Water District and au thorize execu tion of the
agreemen t by the Executive Director.
41. 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.)
42. Adjournment.
MOTION: That the meeting be adjourned.
Note: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, October 15, 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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