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HomeMy WebLinkAbout09-23-2002 Jt. Reg Mtg AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, SEPTEMBER 23,2002 - 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 12.) 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 shaIl apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shaIl 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 foIlowing: (Item Continued on Next Page) 09/23/2002 1. Continued. A. Conference with legal counsel - eXlstmg 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 00-03048; Stubblefield Construction Company, et al. v. City of San Bernardino, et al. - 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 a!. - San Bernardino Superior Court Case No. CSB 213237; San Bernardino Redevelopment Agency v. William H. Cooper - San Bernardino Superior Court Case No. SCVSS 67622; Jonathan Smith v. City of San Bernardino, et al. - United States District Court Case No. CV 98-1990 GAF (Ctx); California Bio-Mass, et a!. v. City of San Bernardino, et a!. - San Bernardino Superior Court Case No. 083473. 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 Mobilehome Park and VanRossum claim. 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. (Item Continued on Next Page) 2 09/23/2002 1. Continued. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: 1) Police negotiation issue from Ways & Means Committee 2) Fire negotiation issue - recommendation to hire outside counsel G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 3 09/23/2002 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. Mayor Appointment: Barbara Henley - Community Development Citizens Advisory Committee Mayor Reappointments: Maria Lootens - Handicap Accessibility Appeals Board Antonio Chavez - Handicap Accessibility Appeals Board Carl Clemons - Police Commission Robin Calote - Community Development Citizens Advisory Committee MOTION: That the appointment/re-appointments, as requested by Mayor Valles, be approved. Mayor Appointment: Robin Calote - Board of Library Trustees MOTION: That the appointment of Robin Calote to the Board of Library Trustees, as requested by Mayor Valles, be approved and rescind the re-appointment of Gary Saenz to the Board of Library Trustees due to subsequent clarification showing that Mr. Saenz has two years remaining on his current term. 3. Presentations. A. Service Pin A wards Ceremony. 4. Announcements by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 19, be adopted except for _, _, _, _, _, _, _, _, and 4 09123/2002 5. Waive full reading ofresolutions 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 September 16, 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 September 17, 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. Development Services 8. Resolution of the City of San Bernardino adopting the Five-Year Capital Improvement Program (2002-2007) 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. 9. Resolution authorizing and directing execution of an agreement and grant of easement to the State of California for a City sewer easement located at California State University San Bernardino. (See Attached) (No cost to the City,) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 5 09/23/2002 10. Resolution of the City of San Bernardino approving Amendment No. I to agreement for professional services with Gary W. Miller Architect & Associates, Inc. for design of the expansion of the Perris Hill Senior Center located at 780 E. 21" Street. (See Attached) (Cost to the City -- $3,000 from the Park Construction Fund.) (Resolution not available at time of printing.) Ward 2 MOTION #1: That said resolution be adopted; and MOTION #2: That the Director of Finance be authorized to amend the FY 2002/03 budget and appropriate $3,000 from Account No. 243-000-3405-000 (Unallocated Fund balance - Parks Construction Fund) to Account No. 243-363-5505 (Perris Hill Senior Center Expansion Design). Fire 11. Set dinner workshop - October 7,2002 at 5:00 p.m. in the Economic Development Agency Conference Room - presentation on Homeland Security. (See Attached) MOTION: That the Mayor and Common Council set a dinner workshop for Monday, October 7,2002 at 5:00 p.m. in the Economic Development Agency Conference Room to hear a presentation on Homeland Security. Hnman Resources 12. Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Middle Management Bargaining Unit of the City of San Bernardino represented by San Bernardino Public Employees' Association. (See Attached) (Cost to the City -- $173,450 in FY 2002103 and $366,000 in FY 2002/04.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 13. 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). (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 6 09/23/2002 Information Services 14. Information Services equipment acquisition items and funding mechanisms. A. Resolution of the City of San Bernardino authorizing upgrades to the Police and Fire Department's Public Safety Automation System and the addition of a new Automatic Vehicle Locator module for the Police Department. (See Attached) (Cost to the City -- $895,622.48 from various funds.) (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino authorizing replacement of the Police and Fire Department's Public Safety dispatch computerlradio consoles. (See Attached) (Cost to the City -- $89,006.05 from various funds.) (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a contract with Accent Computer Solutions for purchase and implementation of a local area network backbone. (See Attached) (Cost to the City -. $259,394.63 from the IS Fund balance.) (Resolution not available at time of printing.) D. That said resolutions A-C, be adopted; and that the Director of Finance be authorized to amend the various FY 2002/2003 revenue and expense budgets as outlined in the staff report from Barbara Pachon, Director of Finance, dated September 16,2002, for the upgrade of the City's CAD/RMS/ A VL System, Dispatch Consoles, Network Backbone, Document Imaging, and PC Upgrade Program. Actual expenditure of the funds will not take place until after the Mayor and Common Council have approved each project. Mayor 15. Resolution of the Mayor and Common Council of the City of San Bernardino in support of the California Wild Heritage Wilderness Act of 2002, introduced by Senator Barbara Boxer. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 7 09/23/2002 Parks, Recreation & Commnnity Services 16. Resolution awarding a purchase agreement to R. P. Landscape for park lawn mowing services at seven (7) park locations for a period of twelve (12) months in accordance with Bid Specification F-03-002, Al Guhin Park, Anne Shirrells Park, Blair Park, Delmanu Heights Park, Hudson Park, Littlefield Shultis Park, and Speicher Park. (See Attached) (Cost to the City -- $52,479 from the General Fund.) (Resolution not available at time of printing.) Various Wards MOTION: That said resolution be adopted 17. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute a contract with the County of San Bernardino to provide youth mentoring services as part of the County FOCUS Project grant for the period of August 1, 2002 through June 30,2003. (See Attached) (No cost to the City - Program costs of $45,000 fully funded from the Federal and State Programs Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Chief of Police to execute a Memorandum of Agreement and an overtime reimbursement agreement with the Federal Bureau of Investigation for participating in the Inland Empire Task Force on Terrorism (IEFOT). (Cost to the City -- $1,219.18 local match from the General Fund; revenue of up to $10,100 may be received per federal fiscal year.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2002/03 adopted budget and increase Police Department overtime by $10,100 (001-218-5015) for overtime expenditures related to participation in the FBI Inland Empire Task Force on Terrorism, and increase Police Department revenue in a corresponding amount ($10, 100 001- 000-4740) to reflect the reimbursement from the FBI. 8 09123/2002 Public Services 19. Resolution of the City of San Bernardino authorizing the exercise of the first option year of the contract between the City of San Bernardino and Guzman Construction Co. extending the contract from July 1, 2002 through June 30, 2003 for repair of sidewalks, curbs, gutters, and driveways at various locations throughout the City of San Bernardino. (See Attached) (Cost to the City -- $150,000 from the General Fund.) (Resolution not available at time of printing.) Wards 5 & 6 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval by the Grants Ad Hoc Committee on September 17, 2002 - Members Present: McCammack, Estrada, Anderson Development Services 20. Resolution of the Mayor and Common Council of the City of San Bernardino approving the application for $72,000 in grant funds from the Recreation Trails Program (RTP) to construct the proposed Pepper-Linden Cross Country Trail. (See Attached) (Cost to the City -- $18,000 from the Gas Tax Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. Police 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to accept a California Seat Belt Compliance Campaign Mini-Grant from the State of California Office of Traffic Safety in the amount of $11.790. (See Attached) (Cost to the City -- $1,310 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 9 09/23/2002 PUBLIC HEARINGS CONTINUED FROM SEPTEMBER 9, 2002 TO BE HEARD AT 4:00 P.M. 22. Public meeting -- Ohio and Walnut Landscape Maintenance Assessment District No. 1028 - Tract No. 14193. (Backup material was distributed on August 19, 2002, Item No. 24; item was continned to September 9, 2002, Item No. 24.) (No cost to the City -- $4,000 processing fee paid by applicant, and $95 General Benefit cost from the General Fund.) Ward 5 The public meeting remains open. . . MOTION: That the public meeting relative to the formation of Assessment District No. 1028 be continued to October 21,2002. TO BE HEARD AT 4:00 P.M. 23. Public hearing - 4:00 p.m.- acceptance of oral bids for the sale of City parcels located at the southwest corner of Orange Show Road and Waterman A venue. (See Attached) (No cost to the City.) Ward 3 Mayor to open the public hearing. . . MOTION #1: MOTION #2: MOTION #3: MOTION #4: MOTION #5: That the hearing be closed; and That the oral bid for Parcel One (APN 0136-431-34) in the amount of $ from be approved; and That the oral bid for Parcel Two (APN 0136-431-35) in the amount of $ from , be approved; and That the oral bid for Parcel Three (APN 0136-441-26) in the amount of $ from , be approved; or That the Director of Development Services be authorized to initiate the transfer of Parcel(s) to the Redevelopment Agency. END OF PUBLIC HEARINGS 10 09/23/2002 CONTINUED ITEMS Development Services CONTINUED FROM SEPTEMBER 9, 2002 24. Resolutions awarding contract to Solpac, Inc. dba Soltek Pacific for the Santa Fe Depot renovation and restoration project, per Plan No. 10446; approving agreement with Omnitrans for obtaining Federal Transit Administration funds; ratifying a grant application for TEA funding; and authorizing the Finance Director to amend the FY 2002/03 budget. (Backup material was distributed on September 9, 2002, Item No. 30.) (Cost to the City -- $9,296,000 from the Federal and State Program Fund.) Ward 1 A. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Solpac. Inc. dba Soltek Pacific for San Bernardino Historic Santa Fe Depot Renovation and Restoration Project per Plan No. 10446. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino authorizing the Mayor to execute Agreement with Omnitrans relative to obtaining the Federal Transit Administration funding for the renovation and restoration of the historic Santa Fe Depot. (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application for the Santa Fe Depot for FY 2003/2004 Transportation Enhancement Act (TEA) funding. (Resolntion not available at time of printing.) MOTION: That said resolutions A, B. and C be adopted; that the Director of Finance be authorized to amend the FY 2002/03 expense and revenue budget to reflect all grants and SAN BAG project costs ($12,954,200) which excludes the balance of the City and Agency grant match portions ($385,400 each for a total of $770,800); and that the Director of Finance be authorized to include as part of the FY 2003/2004 budget process. END OF CONTINUED ITEMS 11 09/23/2002 STAFF REPORTS Fire 25. Ordinance of the City of San Bernardino amending Chapter 15.16 of the San Bernardino Municipal Code and adopting the 2001 California Fire Code, with appendices, and incorporating by reference the 2000 Edition of the Uniform Fire Code Volume 1 with Errata of the Western Fire Chiefs Association, and with necessary California Amendments, together with California Code of Regulations, Title 24, and the Uniform Fire Code Volume 2 Standards 1997 Edition as amended by the 2000 Uniform Fire Code Standards. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION ITEMS R26. Resolution of the Community Development Commission of the City of San Bernardino approving a Property Owner Redevelopment Agreement by and between the Redevelopment Agency of the City of San Bernardino and BP California, A California Corporation, and authorizing the execution of the Agreement by the Executive Director on behalf of the Redevelopment Agency of the City of San Bernardino. (Documents not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 27. 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.) 28. Adjourrunent. MOTION: That the meeting be adjourned. 12 09/23/2002 NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, October 7, 2002, in the Council Chambers of City Hall, 300 North "D" 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. 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. 13 09/23/2002 SUPPLEMENTAL AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERc"lARDINO SEPTEMBER 23, 2002 Water Department S 1. Consideration and approval of resolutions and agreements and related documents to supply sewer service to the area known as the "Donut Hole". A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Agreement for sewer service between the City of San Bernardino, the City of San Bernardino Municipal Water Department and County Service Area 70, Improvement Zone EV -1. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Inducement Agreement between the City of San Bernardino and the County of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted; and that all related documents to supply sewer service to the area known as the "Donut Hole," be approved. Mayor's Office S2. Authorization for the Mayor of the City of San Bernardino to send a letter of protest to the Board of Supervisors of San Bernardino County and to the San Bernardino County Ethics Officer notifying them of alleged improprieties in the site selection process of the temporary housing of court facilities in downtown San Bernardino. MOTION: That the Mayor of the City of San Bernardino is hereby authorized to send a letter of protest to the Board of Supervisors of San Bernardino County and to the San Bernardino County Ethics Officer notifying them of alleged improprieties in the site selection process of the temporary housing of court facilities in downtown San Bernardino. 09/23/2002