Loading...
HomeMy WebLinkAbout08-05-2002 Jt. Reg Mtg AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 5,2002 - 8:00 A.M. COUNCIL CHAMBERS The City oj San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Director oj Facilities Management (384-5244) two working days prior to the meetillg Jor any requests Jor reasollable accommodation to illclude illterpreters. (Community Developmellt Commission Items are on pages I3 - IS.) CALL TO ORDER: PRESENT: ABSENT: NOTE: The meeting of the Mayor and Common Council will adjourn until 1:30 p.m., at which time closed session matters will be discussed. The public agenda will begin at 3:00 p.m. PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address 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 public. CLOSED SESSION I. 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 - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): U8/05/2002 1. Continued. Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-03048; Stubblefield Construction Company, et al. v. City of San Bernardino, et a1. - San Bernardino Superior Court Case No. SCV 252058; In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation, Case No. RS 02-18493MG; City of San Bernardino v. CYSA - South San Bernardino Soccer Foundation, et al. - San Bernardino Superior Court Case No. CSB 213237; Candice Dick v. City of San Bernardino, a governmental entity; Ronald VanRossum, an individual - Case No. EDCV 02-158 V AP (SGLx). Jessie Charles Stone v. City of Perris, County of Riverside, City of San Bernardino, County of San Bernardino and Does I through 50, inclusive - Case No. SCVSS 086594. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9. - 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 : Position Titles - - City Administrator (contract amendment) Code Compliance Director (contract amendment) Fire Chief (contract amendment) Executive Director, EDA (contract amendment) (Item Continued on Next Page) 2 08/05/2002 1. Continued. 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: 1. Property Address: HUB Properties Negotiating Parties: Gary Van Osdel on behalf of the Redevelopment Agency: and developer SBT Partners, LLC (Art Pearlman) Under Negotiation: Acquisition and disposition of all properties covered by the HUB Disposition Development Agreement END OF CLOSED SESSION 3 0810512002 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Parks, Recreation & Community Services Commission - Tracylyn Sharrit - Council Member Suarez. B. Council Member Lien - Conunission Appointments and Reappointments: Appointments: . Rufus Rooney - Animal Control Commission . Dennis Baxter - Board of Building Commissioners . Frank Schnetz - Central City Parking Place Commission . Mary Sue "Susana" Atanasova - Police Commission . Anna Cox - Community Development Citizens Advisory Committee . Jane Ann Godager - Senior Affairs Commission Reappointments: . Dennis W. Cole - Bureau of Franchises . Carol A. Thrasher - Planning Commission . John "Jack" Joseph Cone - Community Television Commission . Helen Marie Carlson - Fine Arts Commission . Ray H. Shaffer, Jr. - Fire Commission . W.C. "Bill" Lemann - Main Street Advisory Board . Mark David Westwood - Parks & Recreation Commission . Mary S. Martin - Human Relations Commission C. Mayor Valles - Commission Appointments and Reappointments: Appointments: . Marilyn Sauer - Alternate to Animal Control Commission . John Ragsdale - Animal Control Commission (Item Continued all Next Page) 4 08/05/2002 2. Continued. Reappointment: . Joyce Martin - Animal Control Commission MOTION: That the appointments A-C, be approved as requested by Council Members Suarez and Lien and Mayor Valles. 3. Presentations. A. SBCMA Scholarship Presentation. 4. Announcements by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 18, 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, supplemental and addendum to the supplemental 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 July 17, 2002 from Barbara Pachon, Director of Finance, be approved. 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated July 30, 2002, 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. 5 08/05/2002 Development Services 8. 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 authorizing the installation of a two-way stop at the intersection of Rexford Street and Birch Street. (See Attached) (Cost to the City -- $500 from the General Fund.) Ward 3 MOTION: That said resolution be adopted. 9. 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 Seventh Street between Medical Center Drive and Mt. Vernon Avenue a through highway. (See Attached) (Cost to the City -- $1,000 from the General Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 10. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution ...prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking except by permit at any time zone on Rockford A venue between Lynwood Drive and Marshall Boulevard, on Del Norte Place between Rockford A venue and the terminus of Del Norte Place west of Rockford A venue, on Del Norte Circle between Rockford A venue and the terminus of Del Norte Circle east of Rockford A venue, on Lomita Place between Rockford A venue and the terminus of Lomita Place east of Rockford Avenue, and on Val Mar Circle between Rockford Avenue and the terminus of Val Mar Circle east of Rockford Avenue. (See Attached) (Cost to the Citv -- $3,500 from the General Fund.) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 11. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution...prohibiting parking upon certain designated streets. alleys, or portions thereof..." to establish a no parking any time zone on both sides of Genevieve Street between three-hundred sixty feet north of Wabash Street and the end of Genevieve Street north of Wabash Street. (See Attached) (Cost to the Citv -- $1,500 from the General Fund.) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. 6 08/05/2002 12. Resolution of the City of San Bernardino authorizing the execution of a common use agreement between the City and the San Bernardino County Regional Parks Division for the development and construction of the Santa Ana River Trail (SART). (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Wards 1&3 MOTION: That said resolution be adopted. 13. 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 establishing a four way stop at the intersection of Ninth Street and Wilson Street. (See Attached) (Cost to the City -- $500 from the General Fund.) Wards 1&6 MOTION: That said resolution be adopted. Human Resources 14. Resolution of the City of San Bernardino awarding a service agreement and an annual purchase order in an amount not to exceed $50,000 to The Counseling Team. (See Attached) (Cost to the City - not to exceed $50,000 from the Workers Compensation Fund,) (Resolution not available at time of printing,) MOTION: That said resolution be adopted. Parks, Recreation & Communitv Services 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of a grant in the amount of $42,166 from the Community Foundation, Morongo Basin Health Initiative for the Senior Companion Program (SCP). (See Attached) (No cost to the City - funding in the amount of $42,166 is requested.) MOTION: That said resolution be adopted. 16. 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 and Schedule B snacks to City's Delmann Heights Headstart Center. (See Attached) (No cost to the City - program fully grant funded.) Ward 6 MOTION: That said resolution be adopted. 7 08/05/2002 17. Item deleted. 18. Item deleted. END OF CONSENT CALENDAR CO:YIMITTEE ITEMS Heard at the Ways and Means Committee on July 17, 2002 - Committee Members present: McCammack, McGinnis and Derry 19. 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 FY 02/03 Civic and Promotion Fund. (See Attached) (Cost to the City -- $5,000 in direct funding from the General Fund, and $47,210 indirect funding for departmental costs.) Ward 5 MOTION: That said resolution be adopted; that direct funding in the amount of $5,000 from the FY 02/03 civic and promotion funding be approved; that indirect funding in the amount of $47,210 be transferred from the FY 02/03 civic and promotion fund to various city departmental accounts as listed in the attached staff report dated July 9, 2002, from Fred Wilson, City Administrator; and that a waiver of fees and use of city personnel and equipment be authorized in the conduct of their 2002 tournament season. END OF COMMITTEE ITEMS 20. Item deleted. PUBLIC HEARING City Clerk CONTINUED FROM JUL Y 15, 2002 TO BE HEARD AT 4:00 P.M, 21. Appeal hearing - Bureau of Franchise - petition for Franchise Permit for AAA Inland Empire Cab. (Backup material was distributed July 15, 2002, Item No. 29.) (Item Continued un Next Page) 8 08/05/2002 21 . Continued. MOTION #1: That the hearing be closed; and that the Mayor and Common Council uphold the Bureau of Franchises' denial of a Petition for Franchise Permit for AAA Inland Empire Cab to operate 25 taxicabs in the City of San Bernardino; or MOTION #2: That the hearing be closed; and that the Mayor and Common Council grant the appeal for a Petition of Franchise Permit for AAA Inland Empire Cab to operate 25 taxicabs in the City of San Bernardino. END OF PUBLIC HEARING CONTINUED ITEMS CONTI~LJED FROM JULY 15, 2002 22. Authorization to proceed with the proposed annexation of three County islands located generally east of Central Avenue, north of Atlantic Avenue. (New Staff Report Attached) (Backup material was distributed on June 17, 2002, Item No. 23; item was continued to July 15, 2002, Item No. 36.) Ward 4 MOTION: That the Director of Development Services be authorized to initiate proceedings for the annexation of three County islands generally located east of Central A venue, north of Atlantic Avenue, under the provisions of Assembly Bill 1555. CONTINUED FROM JULY 15, 2002 23. Personnel Contract Amendments. Position Titles: A. City Administrator B. Code Compliance Director C. Fire Chief D. Executive Director, EDA END OF CONTINUED ITEMS 9 08/0j/2002 ST AFF REPORTS Animal Control 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a contract for services between the City of San Bernardino and the City of Lorna Linda for full service Animal Control and rescinding the current contract with Lorna Linda for Animal Sheltering services, Resolution 2001-201. (See Attached) (No cost to the City -- $75,700 net gain to the Animal Control Fund.) MOTION: That said resolution be adopted; that the Director of Finance be authorized to amend the FY 02-03 adopted budget to increase Animal Control revenues by $75,700 and do a corresponding increase in the Animal Control expense budget as noted in the staff report dated July 10, 2002. from Jon Cicirelli, Director of Animal Control; that the addition of one Animal Shelter Specialist (Range 1301- $1,992-$2,421 per month) be authorized; and that the Human Resources Department be directed to update Resolution 6413, Section Thirteen, and Resolution 97-244 as needed to reflect this action. City Administrator 25. Resolutions authorizing execution of a contract with the hearing officer and with Inland Valley Arbitration Mediation Service (IV AMS) for hearing officer serVIces. A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between William Holt and the City of San Bernardino for hearing officer services. (Resolutiou not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Inland Valley Arbitration Mediation Service (IV AMS) and the City of San Bernardino for hearing officer services. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted; and that the Director of Finance be authorized to amend the FY 2002/03 budget as reflected in the staff report dated July 29, 2002, from Fred Wilson, City Administrator. 10 08/05/2002 Revised Citv Attornev 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of purchase orders for the purchase of computer equipment and its companion maintenance agreement and authorizing the City Attorney to execute said maintenance agreement. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 27. Resolution submitting a ballot measure relative to the prohibition of safe and sane fireworks and calling a Special Municipal Election. (See Attached) A. Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a ballot measure relating to the prohibition of safe and sane fireworks; transmission of the proposed ballot measure to the Office of the City Attorney for purposes of preparation of an impartial analysis. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a ballot measure relating to the prohibition of safe and sane fireworks and requesting that said City of San Bernardino's Special Muncipal Election be consolidated with the November 5, 2002 Statewide General Election conducted by the County of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 28. Selection of authors relative to ballot arguments on measures before the voters at the City's Special Municipal Election to be held on November 5, 2002. MOTION: That the Mayor and Common Council authorize designated person(s) to write ballot arguments on all or some of the following ballot measures going before the voters at the City's Special Municipal Election to be held on November 5, 2002: I. Transient Lodging Tax 2. Mayor's Salary 3. Council Members' Salary 4. Fireworks Prohibition II 08/05/2002 29. Ordinance of the City of San Bernardino amending certain sections 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 STAFF REPORTS 12 08/05/2002 MA YOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, AUGUST 5,2002 -7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS 30. Development Permit Type I No. 02-120 and a determination of public convemence or necessity for a Type 21 Liquor License for a grocery store located at 570 S. Mt. Vernon Avenue - Fiesta Food Warehouse. (See Attached) Ward 3 MOTION: That the Mayor and Common Council approve Development Permit Type I No. 02-120 and determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 (off-sale general) liquor license for a grocery store located at 570 S. Mt. Vernon A venue. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION ITEMS R31. Resolutions authorizing funding of the seismic retrofit and repair of the Agency's Five-Level Parking Structure - awarding a contract to Fibrwrap Construction, Inc. for seismic retrofit - approving Amendment No.2 to Professional Services with Ty Lin International-McDaniel for inspection and materials testing of the Five-Level Parking Structure. (Cost to the City -- $1,800,000 from various program funds,) Ward 1 (Item Continued on Next Page) 13 08105/2002 R31. Continued. (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the funding of the seismic retrofit and repair of the Agency's Five-Level Parking Structure and making findings and determinations as to the benefit to the various Redevelopment Project Areas of undertaking public improvements in connection with the Five-Level Parking Structure. (Resolution not available at time of printing.) (Mayor and Common Council) B. Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of the seismic retrofit and repair of the Agency's Five-Level Parking Structure and making findings and determinations as to the benefit to the various Redevelopment Project Areas of undertaking public improvements in connection with the Five-Level Parking Structure. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Fibrwrap Construction, Inc. for seismic retrofit and repair of City's Five-Level Parking Structure, per Plan No. 10304-A. (Resolution not available at time of printing.) D. Resolution of the City of San Bernardino approving Amendment No.2 to Professional Services Agreement with Ty Lin International-McDaniel for inspection and material testing for S-Level Parking Structure Phase 1. MOTION# 1: That the Community Development Commission adopt resolution A; MOTION #2: That the Community Development Commission authorize the Economic Development Agency to appropriate and expend a total of $1,489,100 as outlined in the staff report to cover, in part, the cost of construction, inspection, and plan checking for seismic retrofit of the Agency's five-level parking structure; and (Item Continued on Next Page) 14 08/05/2002 Revised R31. Continued. MOTION #3: That the Mayor and Common Council adopt resolutions B, C, and 0, and authorize the Director of Finance to amend the FY 01102 and FY 02/03 budget and appropriate a total not to exceed amount of $35,900 from 1/2 Cent Sales & Road Tax Fund, as outlined in the staff report. 32. 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 Development 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.) 33. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, August 19, 2002, in the Council Chambers of City Hall, 300 North "0" Street; however, the Mayor and Common Council will adjourn until 1:30 p.m. at which time closed session matters will be discussed. The public portion of the meeting will begin at 3:00 p.m. 15 08/05/2002 Revised 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 Development 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 public. 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. 16 08/05/2002 SUPPLEMENTAL AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AUGUST 5, 2002 City Attorney S 1. Discuss and take possible action relative to the proposed First Amended Joint Plan of Reorganization in the bankruptcy of Metricom, Inc., Metricom Finance, Inc., Metricom Investments DC, Inc., Metricom DC, L.L.C., Metricom New York, L.L.C. (See Attached) S2. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement between the City of San Bernardino and "The Gents" for civic and promotion funding from the FY 02/03 budget to assist in the conduct of the" Salute to the Route" event. (Cost to the City - direct funding $5,000 from the General Fund and indirect funding $4,966, plus the cost of a damage bond from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; that direct funding in the amount of $5,000 from the FY 02/03 civic and promotion fund be approved; that indirect funding in the amount of $4,966, plus the cost of a damage bond be transferred from the FY 02/03 civic and promotion fund to various city departmental accounts as listed in the staff report; and that a waiver of fees and use of city personnel and equipment be authorized to assist in the 2002 Salute to the Route event scheduled for September 2 I, 2002. 08/05/2002 Revised ADDENDUM TO THE SUPPLEMENTAL AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AUGUST 5, 2002 RSI. Tippecanoe Retail Project (HUB) - Operating Memorandum and Indemnity Agreement MOTION: That the Community Development Commission authorize the Executive Director to execute an Operating Memorandum by and between the Redevelopment Agency of the City of San Bernardino and SBT Partners, LLC and to execute an Indemnity Agreement with First American Title Insurance Company. 08/05/2002