HomeMy WebLinkAbout11-15-1999 Jt. Reg Mtg Agenda AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 15, 1999 — 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 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):
Marianne Barklage v. City of San Bernardino, et al. — United
States District Court Case No. SACV 99-813 AHS (Anx);
DeShawn Crawford v. City of San Bernardino - San
Bernardino Superior Court Case No. SCV 33527;
(Item Continued on Next Page)
1 11/15/1999
1. Continued.
Manta Management v. City of San Bernardino - San
Bernarndino Superior Court Case No. SCV 18157;
Georgiann Pruitt v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 96-410RT (VAPx).
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 posting 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:
Agency Negotiator: Fred Wilson, City Administrator
City Employee Organization: San Bernardino Confidential
and Management Association
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
1. Property Address: 1505 West Highland
Negotiating Parties: Ronald E. Winkler on behalf of
the Economic Development
Agency and Clifford Hackney
(Item Continued on Next Page)
2 11/15/1999
1. Continued.
Under Negotiation: Purchase terms and
conditions
2. Property Address: Hunts Lane/Truck Wash Site
Negotiating Parties: Ronald E. Winkler on behalf of
the Economic Development
Agency and Alan B. Steward
Under Negotiation: Purchase terms and
conditions
END OF CLOSED SESSION
3 11/15/1999
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
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 Commision be
waived.
6. Council Minutes.
MOTION: That the minutes of the following meetings of the
Mayor and Common Council/Community
Development Commission of the City of San
Bernardino, be approved as submitted in typewritten
form:
October 18, 1999 Distributed on 11/9/99
October 21, 1999 Distributed on 11/9/99
October 29, 1999 Distributed on 11/9/99
4 11/15/1999
AOftk
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
November 8, 1999, from Barbara Pachon, Director of
Finance, be approved.
8. Personnel Actions. (See Attached)
MOTION: That the personnel actions list(s) as submitted by the
Chief Examiner, dated November 10, 1999, in
accordance with Civil Service rules and Personnel
policies adopted by the Mayor and Common Council,
be approved and ratified.
Development Services
LAID OVER FROM NOVEMBER 1, 1999
9. An ordinance of the City of San Bernardino amending Chapter
19.16, Section 19.16.020, Section 19.16.030(2), and Section
19.16.090(1)(J&K) of the San Bernardino Municipal Code
(Development Code) to update the Floodplain Overlay District to
meet current National Flood Insurance standards. FINAL
READING (Backup material was distributed on November 1,
1999, Item No. 30.)
MOTION: That said ordinance be adopted.
10. Approve plans and authorize advertisement for bids - slurry
sealing of various streets, Phase IX, per Plan No. 10041, Areas "C"
and "D." (See Attached) (Cost to the City -- $SSO,000 from the
Y2 Cent Sales and Road Tax Fund.) Ward 4
MOTION: That the Mayor and Common Council approve Plan
No. 10041 for slurry sealing of various streets, Phase
IX, Areas "C" and "D"; and that the Director of
Development Services be authorized to advertise for
bids.
5 11/15/1999
11. Approve plans and authorize advertisement for bids - installation
of cross gutters on Arden Avenue, south of Pacific Avenue, per Plan
No. 9872. (See Attached) (Cost to the City -- $18,500 from the
Storm Drain Construction Fund.) Ward 7
MOTION: That the Mayor and Common Council approve Plan
No. 9872 for installation of cross gutter on Arden
Avenue, south of Pacific Avenue; and that the Director
of Development Services be authorized to advertise for
bids.
12. Resolution of the City of San Bernardino establishing and setting
fair market value and sales price of $25,000.00 and declaring the
intention of the City to sell property located on the north side of
Gould Street, west of Richardson Street in the City of San
Bernardino, to the City of Loma Linda and setting a public hearing
to consider said sale. (See Attached) (No cost to the City.)
Ward 1
NOTE: This resolution sets a public hearing for 10:00 a.m.,
December 6, 1999.
MOTION: That said resolution be adopted.
13. Authorize execution of Contract Change Order No. 10 - street
improvements on Mill Street between Lena Road and Tippecanoe
Avenue per Plan No. 9487 - CDE Resources, Inc. (See Attached)
(No cost to the City - $22,929.68 to be reimbursed [75%] from
the United States Economic Development Agency, and [25%]
from the Inland Valley Development Agency.) Ward 1
MOTION: That Contract Change Order No. Ten to the contract
with CDE Resources, Inc., be approved for additional
landscaping and irrigation, increased Asphalt Rubber
Hot Mix (ARHM-GG) quantity, and compensation for
delay time at a cost of $22,929.68, increasing the
contract total from $725,041.74 to $747,971.42.
6 11/15/1999
14. Resolution of the City of San Bernardino awarding a purchase
order to TMT Pathway for furnishing and delivering traffic paint
and supplies. (See Attached) (Cost to the City - $71,707.62
from the General Fund.)
MOTION: That said resolution be adopted.
Facilities Management
15. Approve budget amendment appropriating $20,000 of available
fund balance in the Parking and Business Improvement District
Fund for purchase of December holiday decorations for the
downtown area. (See Attached) (Cost to the City - $20,000 from
Parking and Business Improvement Fund.)
MOTION: That the Mayor and Common Council authorize the
Director of Finance to amend the FY 1999-2000
Parking and Business Improvement Fund budget and
appropriate $20,000 from the available fund balance
to cover the cost of holiday decorations for the
downtown area.
Fire
16. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding purchase orders to 1.) Allstar Fire Equipment
for purchase and delivery of replacement safety gear, and 2.)
Greenwood's Uniforms for purchase and delivery of replacement
work uniforms and safety boots. (See Attached) (Cost to the City
- $57,100 from the General Fund.)
MOTION: That said resolution be adopted.
17. Item Deleted.
Mayor's Office
18. Funding approval of Fine Arts and Cultural Agreements for FY
1999-2000. (See Attached)
(Item Continued on Next Page)
7 11/15/1999
18. Continued.
A. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Canto Bello Master Chorale for the promotion of
arts and culture. (See Attached) (Cost to the City --
$4,000 from the General Fund.)
B. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Family Playhouse for the promotion of arts and
culture. (See Attached) (Cost to the City -- $3,000 from
the General Fund.)
C. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Inland Dance for the promotion of arts and culture.
(See Attached) (Cost to the City -- $16,000 from the
General Fund
D. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Junior University for the promotion of arts and
culture. (See Attached) (Cost to the City -- $10,000 from
the General Fund.)
E. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Metropolitan Opera for the promotion of arts and
culture. (See Attached) (Cost to the City -- $3,000 from
the General Fund.)
F. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Mexican-American Heritage Pageant for the
promotion of arts and culture. (See Attached) (Cost to the
City -- $5,000 from the General Fund.)
(Item Continued on Next Page)
8 11/15/1999
18. Continued.
G. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the San Bernardino Symphony Orchestra for the
promotion of arts and culture. (See Attached) (Cost to the
City -- $64,000 from the General Fund.)
H. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the San Bernardino Valley Community Concert
Association for the promotion of arts and culture. (See
Attached) (Cost to the City -- $16,000 from the General
Fund.)
I. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Sinfonia Mexicana Society for the promotion of arts
and culture. (See Attached) (Cost to the City -- $18,000
from the General Fund.)
J. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Sturges Academy for the promotion of arts and
culture. (See Attached) (Cost to the City -- $10,000 from
the General Fund.)
MOTION: That said resolutions A-J, be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
City Clerk's Office
TO BE HEARD AT 10:00 A.M.
19. Public hearing - resolution imposing liens on real property in the
City of San Bernardino for uncollected business registration fees.
(See Attached)
(Item Continued on Next Page)
9 11/15/1999
$wpm".
19. Continued.
Resolution of the City of San Bernardino imposing liens on certain
parcels of real property located within the City of San Bernardino
for uncollected business registration fees.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the City Clerk be
directed to administratively remove any properties
from Exhibit A which have been paid prior to the
hearing; and that said resolution be adopted.
END PUBLIC HEARINGS
STAFF REPORTS
City Administrator
20. Discuss and take possible action concerning a set of business
recruitment incentives. (See Attached)
MOTION: That the City Attorney be directed to prepare the
appropriate resolutions amending Resolution Nos. 88-
140, 89-510, and 93-381, and an ordinance amending
Chapter 3.44 of the San Bernardino Municipal Code in
order to implement the business recruitment
incentives as outlined in the attached staff report,
dated November 4, 1999, from Fred Wilson, City
Administrator, and as discussed, decided, and directed
by the Mayor and Common Council.
END OF STAFF REPORTS
CONTINUED ITEMS
Development Services
CONTINUED FROM NOVEMBER 1, 1999
21. Authorization to proceed with preparation of a sublease agreement
with the Redlands YMCA for the San Bernardino YMCA facilities
located at 808 East 21St Street (Uptown YMCA). (Backup material
was distributed on November 1, 1999, Item No. 14.)
10 11/15/1999
Fire
CONTINUED FROM NOVEMBER 1, 1999
22. Resolution of the Mayor and Common Council of the City of San
Bernardino, approving a contract with the San Manuel Band of
Mission Indians to provide fire protection to their tribal lands.
(Backup material was distributed on October 4, 1999, Item No.
28, and was continued to October 18, 1999, Item No. 30; Item
continued from November 1, 1999, Item No. 29.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
23. University of California Riverside Luncheon Workshop - 12 noon in
the EDA Board Room - Presentation by Chancellor Raymond
Orbach.
11 11/15/1999
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, NOVEMBER 15, 1999 — 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R24. Resolution of the Community Development Commission approving
and authorizing the Agency Executive Director to execute an
agreement for professional services with Diana L. Sanchez
(Consultant) to assist with the implementation of the Neighborhood
Initiative Program (NIP). (See Attached) (No cost to the City --
$55,000 from the Neighborhood Initiative Program.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
R25. Resolution of the Mayor and Common Council approving and
authorizing execution of a HOME Agreement between the City of
San Bernardino and Neighborhood Housing Services of the Inland
Empire (NHSI) for the continuation of the Homebuyer's Education
Program in an amount not-to-exceed $80,000. (See Attached)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
R26. Approve agreement between the U. S. Department of Housing and
Urban Development (HUD) and the Redevelopment Agency - Arden
Guthrie Area. (See Attached) (Cost to the City -- $60,000 from
the Community Development Block Grant Administration
Fund.) Ward 7
(Item Continued on Next Page)
12 11/15/1999
R26. Continued.
MOTION: That the Community Development Commission: 1)
ratify the Redevelopment Committee's
recommendation approving the Arden Guthrie
Disposition Plan as outlined in the attached Letter
Agreement from the U.S. Department of Housing and
Urban Development (HUD); 2) authorize the Executive
Director of the Agency to execute said Letter
Agreement and all necessary documents to implement
such Plan; and 3) appropriate the sum of $60,000
from Community Development Block Grant
Administration funds to pay for closing costs related to
the acquisition of HUD units.
R27. Redevelopment Planning and Participation Agreement - Tippecanoe
Redevelopment Implementation Area - Pearlman/Hopkins. (See
Attached) Ward 3
Resolution of the Community Development Commission of the City
of San Bernardino authorizing the Chair of the Community
Development Commission of the City of San Bernardino to execute
a Redevelopment Planning and Participation Agreement for the
Tippecanoe Redevelopment Implementation Area
(Pearlman/Hopkins)
MOTION #1: That the Community Development Commission
confirm that the redevelopment proposal and
statement of interest submitted by the
Pearlman/Hopkins venture is most responsive to
the overall redevelopment of the study area; and
MOTION#2: That said resolution be adopted.
28. 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 11/15/1999
29. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, December 6, 1999, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
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 11/15/1999
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
SUPPLEMENTAL AGENDA
NOVEMBER 15, 1999
Economic Development Agency
RS 1. Loan Agreement - City of San Bernardino and Economic
Development Agency.
(Community Development Commission)
A resolution of the Community Development Commission of the
City of San Bernardino, the governing body of the Redevelopment
Agency of the City of San Bernardino, approving the 1999 Loan
Agreement between the Redevelopment Agency of the City of San
Bernardino and the City of San Bernardino (City of San Bernardino
loans to the San Bernardino International Airport Authority).
(Mayor and Common Council)
A resolution of the Mayor and Common Council of the City of San
Bernardino approving the 1999 Loan Agreement between the
Redevelopment Agency of the City of San Bernardino and the City
of San Bernardino (City of San Bernardino Loans to the San
Bernardino International Airport Authority).
MOTION: That said resolutions be adopted.
S2. Request for Closed Session.
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 Municipal Water Department
vs. United States of America, Department of the Army,
et al. - Case No. CV 96-8867 MRP (VAPx).
1 11/15/1999
ADDENDUM TO THE SUPPLEMENTAL
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 15, 1999
AS 1. Budget Amendment appropriating funds for an agreement with
Strategic Education Services for State legislative services.
AS2. Authorization to join amicus brief in the case of Marguerite
Treweek v. City of Napa. (See Attached)
MOTION: That the City of San Bernardino join in the amicus
brief in support of the City of Napa.
AS3. Authorization to join amicus brief in the case of Dana Zelig, et al.
v. County of Los Angeles, et al. (See Attached)
MOTION: That the City of San Bernardino join in the amicus
brief in support of the Zelig amicus brief.
AS4. Request for Closed Session.
MOTION: That the Mayor and Common Council/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):
Kenneth J. Henderson, et al. v. Economic Development
Agency, et al. - Court of Appeal-State of California,
Fourth District, Division Two, Case No. E021852 8v
Superior Court Case No. SCV 16489.
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11/15/1999