HomeMy WebLinkAbout11-06-2000 Jt. Reg Mtg AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 6, 2000 - 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 11-13.)
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):
Nicholas Barber, a minor by and through his guardian ad
Litem, Wanda F. Bryant, v. City of San Bernardino, et al. —
San Bernardino Superior Court Case No. SCVSS 62699;
City of of San Bernardino Municipal Water Department v.
the United States Department of the Army — United States
District Court Case No. CV 96-8867 consolidated with CV
96-5205;
11/6/2000
1. Continued.
Rose Mihata v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS30467.
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. Conference with legal counsel - 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.
1. Property Address: APN 261-191-27, 28, 29 85 30
(The Glacier Property)
Negotiating Parties: Gary Van Osdel on behalf of
the Economic Development
Agency and Scott Martin for
Remington Development, Inc.,
and Ernie Vincent for Century
Crowell Communities
Under Negotiations: Purchase terms and
conditions
2 11/6/2000
1. Continued.
2. Property Address: APN 141-262-03 & 15 and
APN 141-281-01 (15.26
Acres - Arrowhead & Orange
Show Road)
Negotiating Parties: Gary Van Osdel on behalf of
the Economic Development
Agency and George Schnarre
for the Humane Society
Under Negotiations: Purchase terms and
Conditions
END OF CLOSED SESSION
3
11/6/2000
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
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 -
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. 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:
October 2, 2000 (Distributed on 10/30/00)
4 11/6/2000
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
October 31, 2000 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 November 1, 2000, 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. Request for waiver of fees - McDonald's Car Show and Cruise -
November 18, 2000. (See Attached) (Cost to the City -- $3,967
from various departments.) Wards 2 & 6
MOTION: That the request for a waiver of fees in the amount of
$3,967 for facility, personnel and equipment costs
associated with the McDonald's Car Show and Cruise
and related activities on November 18, 2000, be
approved.
Development Services
10. Resolution of the City of San Bernardino authorizing the execution
of a cooperative agreement between the City of San Bernardino and
the City of Highland for rehabilitation of pavement on 6th from
Tippecanoe to Victoria Avenue. (See Attached) (Cost to the City --
$115,000 from the Y2 Cent Sales and Road Tax Fund.)
Wards 1 & 2
MOTION #1: That said resolution be adopted; and
MOTION #2: That the Director of Finance be authorized to
amend the FY 2000/01 budget and transfer
$15,000 from Account No. 129-367-5504-7202
(Disabled Access Ramps - various locations) to
Account No. 129-367-5504-7199 (6u Street -
Tippecanoe Avenue to Victoria Avenue -
pavement rehabilitation).
5 11/6/2000
11. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Malton Construction for
construction of sidewalks and disabled access ramps at various
locations, per Plan No. 10021. (See Attached) (Cost to the City --
$106,000 [$60,000 from CDBG Funds; and $46,000 from the Y2
Cent Sales and Road Tax Fund.) Ward 1
MOTION: That said resolution be adopted.
12. Resolution of the City of San Bernardino authorizing the execution
of a Memorandum of Understanding between the City of San
Bernardino and California State University San Bernardino to
conduct a traffic study. (See Attached) (Cost to the City --
$18,900 from the Gas Tax Fund.) Ward 5
MOTION: That said resolution be adopted.
Facilities Management
13. Resolution of the Mayor and Common Council of San Bernardino
authorizing the execution of a contract with R. Moody
Construction, Inc. for the construction of twenty kennels at the
Animal Shelter, 333 Chandler Place, in San Bernardino. (See
Attached) (Cost to the City -- $121,920 [$21,920 from the
General Fund; and, $100,000 from the Animal Control Fund].)
(Resolution not available at time of printing.)
MOTION #1: That said resolution be adopted;
MOTION #2: That the Director of Finance be authorized to
amend the FY 2000/01 adopted budget and
transfer $21,900 from the General Fund's
unappropriated/undesignated fund balance to
the Animal Control Fund to be appropriated to
Account No. 124-233-5704 (miscellaneous
capital equipment).
Human Resources
LAID OVER FROM OCTOBER 16, 2000.
14. An ordinance of the City of San Bernardino authorizing an
amendment to the contract between the Board of Administration of
the Public Employees' Retirement System and the City of San
Bernardino. (2% at 55) FINAL READING (Backup material
distributed October 16, 2000, Item No. 27.)
MOTION: That said ordinance be adopted.
6 11/6/2000
MIS
15. Resolution of the City of San Bernardino authorizing the
Purchasing Manager to issue a purchase order for an emergency
medical dispatch software package from Tiburon Inc. of Fremont
California. (See Attached) (Cost to the City -- $ 45,753 from the
Management Information Systems Fund.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
16. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the destruction of certain City records of the
Parks, Recreation and Community Services Department. (See
Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Police
17. Resolution of the City of San Bernardino authorizing the Mayor
and Common Council to obligate and expend the awarded FY
2000/01 Citizens Option for Public Safety Funds. (See Attached)
(No cost to the General Fund -- $404,427 in grant funding from
the FY 00/01 COPS Option allocation.)
MOTION: That said resolution be adopted.
18. Resolution of the City of San Bernardino authorizing the Mayor
and Common Council to increase the existing annual purchase
order to U.S. Armor from $20,000 to $74,941, to include the bid
award amount associated with threat level II ballistic vests. (See
Attached) (Cost to the City -- $74,941 [$20,000 from the Asset
Forfeiture Fund; $45,000 from the General Fund; and, $9,941
from the Federal and State Programs Fund].)
MOTION: That said resolution be adopted.
19. A resolution of the City of San Bernardino entering into an Interim
Agreement for Tow Services with Hayes Towing consistent with
Resolution 2000-47. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
7 11/6/2000
COMMITTEE CONSENT
Recommended for approval by the Ways and Means Committee
on October 18, 2000 - Council Members present: Schnetz,
McGinnis and McCammack
20. Fiscal Year 1999/2000 Year End Report. (See Attached)
MOTION: That the Fiscal Year 1999/2000 Preliminary Year End
Budget report be received and filed.
Recommended for approval by the Ways and Means Committee
on October 18, 2000 - Council Members present: Schnetz,
McGinnis and McCammack
21. Fiscal Year 2000/2001 First Quarter Budget Report. (See
Attached)
MOTION: That the first quarter budget update ,for Fiscal Year
2000/2001 be received and filed.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 10:00 A.M.
22. Public hearing - proposed expenditure of the monies allocated from
the awarded Local Law Enforcement Block Grant (LLEBG) 2000,
for Fiscal Year 2000/01. (See Attached) (No cost to the City's
General Fund -- $859,521 in Grant funding [$773,569 from FY
2000/01 Local Law Enforcement Block Grant funds; and
$85,952 from FY 2000/02 Cops Option funds].)
Resolution of the City of San Bernardino authorizing the Mayor
and Common Council to obligate and expend the awarded FY
2000/01 Local Law Enforcement Block Grant (LLEBG) funds for
law enforcement support expenditures.
Mayor to open the hearing. . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
END PUBLIC HEARINGS
8 11/6/2000
CONTINUED ITEMS
Public Services
CONTINUED FROM OCTOBER 16, 2000
23. Resolution of the City of San Bernardino authorizing the execution
of an agreement with Taormina Industries, L.L.C. for the provision
of commingled recyclables processing. (Backup material
distributed October 16, 2000, Item No. 22.) All Wards
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
24. Authorization to join amicus brief in support of the State
Department of Transportation in the case of Corvette v. Department
of Transportation. (See Attached)
MOTION: That the Mayor and Common Council authorize the
City Attorney to join amicus brief in support of the
State Department of Transportation in the case of
Corvette v. Department of Transportation before the
California Supreme Court.
25. Authorization to join amicus brief in support of the cities of Los
Angeles and Long Beach in the cases of Alameda Books v. City of
Los Angeles and Lim v. City of Long Beach. (See Attached)
MOTION: That the Mayor and Common Council authorize the
City Attorney to join in amicus briefs in support of the
cities of Los Angeles and Long Beach in the cases of
Alameda Books v. City of Los Angeles and Lim v. City of
Long Beach before the United States Supreme Court.
END OF STAFF REPORTS
9 11/6/2000
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
26. Public hearing - Development Code Amendment No. 00-02 -
Telecommunications ordinance. (See Attached) (No cost to the
City.) All Wards
An ordinance of the City of San Bernardino amending Section
19.20.030(3) (antennas, satellite dishes and telecommunications
facilities) of the San Bernardino Municipal Code (Development
Code) to modify development requirements. FIRST READING
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance be
laid over for final adoption.
END OF PLANNING ITEMS
10 11/6/2000
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, NOVEMBER 6, 2000 - 2:00 P.M.
PRESENT:
ABSENT:
R27. A Resolution of the Community Development Commission
approving (1) the assignment of the Sabo and Green legal contract
to Lewis D'Amato, Brisbois & Bisgaard, LLP., (2) the five (5) year
legal contract with Lewis, D'Amato, Brisbois & Bisgaard, LLP, as
Agency Special Counsel for HOME, ESG, CDBG, Economic
Development and Redevelopment related legal matters and (3)
authorizing the Chairperson of the Commission to execute such
contract on behalf of the Agency. (See Attached) (Funds for these
services are budgeted in the FY 2000/2001 Economic
Development Agency approved budget.)
MOTION: That said resolution be adopted.
R28. A Resolution of the Community Development Commission of the
City of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency to execute Amendment No. 1
to the loan agreement by and among the Redevelopment Agency of
the City of San Bernardino, the Jordan and Hilda Grinker Family
Trust and Southern California Private Schools and consenting to
assignment of the loan agreement to Harry William Pruitt, Sr. (Day
Care Center at 265 North "D" Street) (See Attached) (No
additional cost to the Agency - Loan was approved previously
by the Commission.) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
11 11/6/2000
R29. Request to extend the Skadron loan agreement for a period of one
year. (See Attached) Ward 1
MOTION: That the Community Development Commission extend
the Skadron Loan for a period of one (1) year at 9%
interest.
R30. Resolution of the Community Development Commission of the
Redevelopment Agency of the City of San Bernardino approving
Amendment No. 4 to San Bernardino Associated Government
Agreement No. 93-099 (Loan of $800,000.00 to Redevelopment
Agency of the City of San Bernardino and Inland Valley
Development Agency to prepare plans and specifications for certain
major arterial streets) and authorizing the Executive Director to
execute Amendment No. 4. (See Attached) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
R31. Resolution of the Community Development Commission approving
the Amendment No. 1 to the September 7, 1999 Cooperative/
Delegate Agency Agreement between the County of San Bernardino
an the Redevelopment Agency of the City of San Bernardino for
implementation of the Neighborhood Initiative Grant Program (NIP)
(See Attached) (Cost to the Agency -- $760,000 from the
Agency Housing Fund.) Wards 1-7
MOTION #1: That said resolution be adopted; and
(Item Continued on Next Page)
12 11/6/2000
R31. Continued.
MOTION #2: That the Community Development Commission
authorize (1) the purchase of all HUD properties
from County of San Bernardino by the Agency
within the approved NIP Target Areas 1-6; and
(2) the conveyance of the HUD properties to
approved Acquisition, Rehabilitation and Resale
(ARR) participants, as selected by staff, (except
the 49th Street properties, and those noted in
Attachment "C-1") at the approved purchase
price and (3) the appropriation of Agency
Housing Funds in an amount not to exceed
$300,000 to be used to assist the ARR
participants with the leveraging of private
rehabilitation, reconstruction funds and gap
acquisition, thus allowing for the successful
purchase and rehabilitation of the HUD
properties; and
MOTION #3: That the Community Development Commission
authorize (1) the Agency Executive Director to
execute all appropriate acquisition documents
whereby the Agency will directly purchase the
properties located at 263, 271, 275 & 283 East
49th Street, NIP #5 (the "Properties") from the
County of San Bernardino and (2) appropriate
the sum of $460,000 from the Agency's Housing
fund for the acquisition of the Properties,
demolition of the Properties and for the
acquisition of any properties which become
available for sale in the future on the East 49th
Street block.
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.)
13 11/6/2000
33. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, November 20, 2000, in the Council Chambers of City
Hall, 300 North "D' Street, San Bernardino.
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.
14 11/6/2000