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HomeMy WebLinkAbout10-02-2000 Jt. Reg Mtg AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, OCTOBER 2, 2000 - S: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 12& 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): Cumming, et al. vs. City of San Bernardino, et al. — San Bernardino Superior Court Case No. SCVSS 66744; Henderson and Edgar v. Economic Development Agency, et al. — San Bernardino Superior Case No. SCVSS 16489; San Bernardino Hotel/Motel Association vs. City of San Bernardino — San Bernardino Superior Court Case No. SCV 46722. 1 10/2/2000 1. Continued. City of San Bernardino Municipal Water Department vs. The United States Department of the Army - United States District Court Case No. CV 96-8867 consolidated with CV 96-5205. 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. Extension of Contract Glenn Baude, Code Compliance Director 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 2 10/2/2000 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Appointment - Ray H. Shaffer, Jr. - Fire Commission - Council Member Lien. (See Attached) B. Appointment - Beronica Martindale - Bureau of Franchises - Mayor Valles. (See Attached) MOTION: That the appointments A & B, as recommended by Council Member Lien and Mayor Valles, be approved. 3. Presentations. 4. Announcements by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 22, 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. 3 10/2/2000 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: August 4, 2000 (Distributed on 9/27/00) August 21, 2000 (Distributed on 9/27/00) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 27, 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 September 27, 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. LAID OVER FROM SEPTEMBER 18, 2000 9. An ordinance of the City of San Bernardino amending Section 2.17.010C of the San Bernardino Municipal Code relating to the Animal Control Commission. FINAL READING (Backup material distributed on September 18, 2000, Item No. 28.) MOTION: That said ordinance be adopted. City Administrator 10. Request for waiver of fees - Red Ribbon Week Parade and Activities - October 28, 2000. (See Attached) (Cost to the City -- $6,980 from various departments) Wards 1 8c 3 MOTION: That the request for a waiver of fees in the amount of $6,980 for facility, personnel and equipment costs associated with the Red Ribbon Week Parade and activities on October 28, 2000, be approved. 4 10/2/2000 Development Services 11. Resolution of the City of San Bernardino awarding an agreement to Earth Tech, a Tyco International Ltd Company, to prepare plans for professional environmental inspection services for lead-based paint, asbestos, PCB abatement, and clean up of the San Bernardino Santa Fe Depot. (See Attached) (Cost to the City -- $37,246.25 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to David T. Wasden, Inc., for installation of storm drain improvements on °E" Street from 4+h Street to 5th Street, and pavement rehabilitation on "E" Street from 4th Street to 6th Street per Plan No. 10048. (See Attached) (Cost to the City -- $250,500 [$50,000 from the '/, Sales and Road Tax Fund; $149,105 from the Storm Drain Construction Fund; and $51,395 from CDBG Funds].) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino adopting the Five-year Capital Improvement Program (2000-2005) for Measure "I" local expenditures. (See Attached) (No cost to the City.) All Wards MOTION: That said resolution be adopted. 14. Request for fee refund for Faith Temple Apostolic Church, Inc. (See Attached) (Cost to the City -- $440.51 from various accounts.) Ward 4 MOTION: That the Mayor and Common Council refund the Temporary Use Permit and Fire Department fees in the amount of $440.51 for a church revival held in conjunction with Faith Temple Apostolic Church. 5 10/2/2000 Human Resources 15. Establishment of salaries for Fire Department Ranges P-1, P-2, P- 3, and P-4, effective August 1, 2000. (See Attached) (Cost to the City -- $521,700 from various Fire Account funds.) MOTION #1: That the salaries for Fire Department Ranges P1 (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), P-4 (Fire Investigator and Captain) be established, effective August 1, 2000, as outlined in the attached Staff Report; and MOTION #2: That the Human Resources Department prepare an amendment to Resolution No. 6429; and MOTION #3: That the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2000-2001 budget to transfer $521,700 from the General Government Budget (001-092-5011) to the Fire Department budget in the General Fund. 16. Establishment of salaries for Fire Department Ranges P-5, P-6, and P-7, Fire Marshal and Training Officer, effective August 1, 2000. (See Attached) (Cost to the City -- $57,400 from various Fire Account funds.) MOTION #1: 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, 2000, as outlined in the attached Staff Report; and MOTION #2: That the Human Resources Department prepare an amendment to Resolution No. 6429; and MOTION #3: That the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2000-2001 budget to transfer $57,400 from the General Government budget (001-0092-5011) to the Fire Department budget in the General Fund. 6 10/2/2000 17. Resolution of the City of San Bernardino approving an agreement with Liebert Cassidy for labor relations training services. (See Attached) (Cost to the City -- $1,800 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 18. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino 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. 19. Resolution authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer agreement in the amount of $50,000 from San Bernardino County Emergency Food & Shelter Program Local Board FEMA XIX for the administration of Food & Shelter Program for at-risk families through the Westside Community Center. (See Attached) MOTION: That said resolution be adopted. Police 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding with the Rialto Unified School District and the City of San Bernardino. (See Attached) (Net revenue to the City -- $38,076.) Ward 3 MOTION: That said resolution be adopted. Public Services 21. Resolution of the Mayor and Common Council of San Bernardino authorizing the Mayor to execute on behalf of the City an agreement between Transport Tax Consulting, Inc. (TTC) and the City of San Bernardino for fuel excise tax review services. (See Attached) (Cost to the City - Vendor will be paid 50% of actual refunds received, estimated at $36,000.) MOTION: That said resolution be adopted. 7 10/2/2000 Treasurer's Office 22. Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the annual Statement of Investment Policy for the Year 2000. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval by the Personnel Committee on September 25, 2000 - Council Members Present: McCammack, Suarez and Anderson 23. Establish position of Serious Habitual Offender (SHO) Grant Analyst position in the Police Department. (See Attached) (Cost to the City -- $34,818 for Fiscal Year 2000/01 from the Federal and State Progams Fund.) MOTION #1: That one (1) position of Serious Habitual Offender (SHO) Grant Analyst, Range 1337, ($3,215-$3,908/month, be established; and MOTION #2: That the Human Resources Department be directed to update Resolution No. 6413, Section Ten, to reflect this action. 24. Creation of one Construction Inspector II position; deletion of one Construction Inspector position; creation of one Civil Engineering Assistant III position (CIP design); and creation of one Civil Engineering Associate position (CIP design). (See Attached) (Net cost to the City for Fiscal Year 2000-01 $78,461, which will be funded through salary savings and charge backs; annual recurring costs beginning in Fiscal Year 2001-02 $116,537.) MOTION #1: That one (1) Construction Inspector II position, Range 1380, $2,954-$3,591, be created; and MOTION #2: That one (1) Construction Inspector position, Range 1370, $2,810-$3,416, be deleted; and 8 10/2/2000 24. Continued. MOTION #3: That one (1) Civil Engineering Assistant III position (CIP design), Range 1419, $3,588- $4,361, be created; and MOTION #4: That one (1) Civil Engineering Associate position (CIP design), Range 2444, $4,065-$4,941, be created; and MOTION #5: That the Human Resources Department be directed to update Resolution No. 6413, Section 11, and Resolution No. 97-352 to reflect these actions; and MOTION #6: That the Director of Finance be directed to amend the FY 00-01 budget to reflect the positions as noted in the staff report. Referred to full Council by the Ways and Means Committee on September 20. 2000 - Council Members Present: Schnetz and McCammack 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Memorandum of Understanding with the San Bernardino Convention and Visitors Bureau, and rescinding Resolution 90-315. (See Attached) (Cost to the City -- $400,000 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT 9 10/2/2000 CONTINUED ITEMS City Administrator CONTINUED FROM SEPTEMBER 18, 2000 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement with Coca-Cola Bottling Company for the purpose of establishing a public private partnership. (No net cost to the City -- Anticipated revenue: $40,000 in annual guaranteed revenue, and $34,480 estimated annual revenue potential from commissions [Over the ten-year term of agreement, overall estimated revenue potential is $744,800].) (Backup material distributed on September 18, 2000, Item No. 27.) All Wards MOTION: That said resolution be adopted. Development Services CONTINUED FROM SEPTEMBER 18, 2000 27. Request to continue Final Map for Tentative Tract No. 14193 - southeast corner of Ohio and Olive Avenues - to October 2, 2000. (Backup material distributed on October 5, 1998, Item No. 49; continued to November 2, 1998, Item No. 22; continued to December 21, 1998, Item No. 21; continued to March 15, 1999, Item No. 21; continued to June 21, 1999, Item No. 36; continued to January 10, 2000, Item No. 21; continued to February 22, 2000, Item No. 35; continued to June 19, 2000, Item No. 43, and continued to September 18, 2000, Item No. 26.) Ward 5 MOTION: That the matter be continued to January 8, 2001. Police CONTINUED FROM SEPTEMBER 5. 2000 28. Appeal hearing of agreement for Tow Services termination - Danny's Towing. (Backup material was distributed on April 3, 2000, Item No. 24; item was continued to June 5, 2000, Item No. 24; Item was continued to July 24, 2000, Item No. 34; and Item was continued to September 5, 2000, Item No. 32.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and the appeal be denied. 10 10/2/2000 r Public Services CONTINUED FROM SEPTEMBER 18, 2000 29. Resolution of the City of San Bernardino authorizing the execution of an agreement by and between the County of San Bernardino Fire Department and the Public Services Department of the City of San Bernardino to provide household hazardous waste collection center services and home generated sharps collection services. (Backup material distributed on September 5, 2000, Item No. 18; and was continued to September 18, 2000, Item No. 25.) All wards MOTION: That the matter be continued to October 16, 2000. END OF CONTINUED ITEMS STAFF REPORTS 30. Discuss and take possible action relative to funding of Phase I of State Street extension. (See Attached) 31. Luncheon Workshop - legislative update - 12:00 noon in the Economic Development Boardroom. END OF STAFF REPORTS 11 10/2/2000 f MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, OCTOBER 2, 2000 - 2:00 P.M. PRESENT: ABSENT: R32. Resolution of the Community Development Commission approving the legal services agreement by and between the Redevelopment Agency and Sabo & Green, Attorneys at Law for redevelopment, housing, economic development and federally funded projects and programs. (See Attached) (Cost to the Agency - Hourly rates, per agreement, from CDBG, HOME and Redevelopment funds.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. R33. Resolution of the Community Development Commission approving Amendment No. 2 to the agreement between the Redevelopment Agency (Agency) and Neighborhood Housing Services of the Inland Empire, Inc. (NHS), regarding the donation of properties located at 1556 Mountain View and 1662 Sierra Way (NIP Target Area 1), and (2) the appropriation of Neighborhood Initiative Program (NIP) funds in the amount of $250,000 for Youthbuild operations contingent upon reimbursement to the Agency from the County of San Bernardino NIP funds. (See Attached) (Cost to the Agency -- $250,000 from NIP Funds.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 12 10/2/2000 R34. Resolution of the Community Development Commission approving the affordable Senior Citizen Rental Housing Disposition and Development Agreement (the "DDA") by and between the Redevelopment Agency and San Bernardino Senior Housing, Inc. a California non-profit Public Benefit Corporation, for development of a 75 unit senior housing complex located at 1530 Baseline Street, San Bernardino and authorizing the Agency Chairperson and Agency Secretary of the Agency to execute the DDA on behalf of the Agency (Northwest Project Area). (See Attached) (Resolution not available at time of printing.) MOTION #1: That said resolution be adopted; and MOTION #2: That the Mayor and Common Council of the City of San Bernardino authorize the Redevelopment Agency to enter into the Disposition and Development Agreement (DDA) with San Bernardino Senior Housing, Inc., relative to the sale and development of the property located at 1530 Baseline Street, San Bernardino, California. 35. 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.) 36. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, October 16, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 13 10/2/2000 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 10/2/2000