HomeMy WebLinkAbout12-21-1998 Jt. Reg. Mtg. Agenda e
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AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, DECEMBER 21, 1998 — 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.
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):
City of San Bernardino Municipal Water Department vs. U.S.
Department of Defense (Army), - United States District Court
Case No. CV 96-5205 MRP (JGx);
Manta Management Corp. vs. City of San Bernardino - Court
of Appeals Case No. E019635 (Superior Court Case No. SCV
18157);
(Item Continued on Next Page)
1 12/21/1998
1. Continued.
GTE California, Inc., vs. ECC Equipment Corporation, a
California Corporation, Howard Contracting, Inc., a
California Corporation, and Gross-Complaint: ECCO
Equipment Corporation vs. Howard Contracting, Inc., - San
Bernardino Superior Court Case No. SCV 39468;
Nancy Pruitt and Warren Pruitt by and through Georgian
Pruitt vs. City of San Bernardino, et al. - United States
District Court Case No. EDCV 96-410 RT (Vax);
Hector L. Serrano, by and through Irma Serrano vs. City of
San Bernardino, et al. - San Bernardino Superior Court
Case No. SCV 46669;
Douglas J. Domino vs. City of San Bernardino, et al. -
United States District Court Case No. ED CV 98-339 RT
(VAPx).
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation - pursuant to subdivision
(b) 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
publics' right of access to public services or public facilities -
pursuant to Government Code Section 54957.
F. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations:
A. Service Pin Awards Ceremony.
4. Announcements by Mayor and Common Council.
5. 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.)
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
6 through 13, be adopted except for ,
and
6. 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 and
the San Bernardino Associated Communities
Financing Authority be waived.
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
December 16, 1998, 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 December 15, 1998, 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 Clerk's Office
9. Approve Council meeting dates for 1999. (See Attached)
MOTION: That the Mayor and Common Council/Community
Development Commission approve the following dates
for regular meetings of the Mayor and Common
Council and the Community Development Commission
for 1999: January 11 (second Monday); January 25
(fourth Monday); February 1 and 15; March 1 and 15;
April 5 and 19; May 3 and 17; June 7 and 21; July 6
and 19; August 2 and 16; September 7 and 20;
October 4 and 18; November 1 and 15; and December
6 and 20.
Parks, Recreation & Community Services
10. Resolution of the City of San Bernardino authorizing the Director
of Parks, Recreation and Community Services Department to
administer a federal grant in the amount of $170,480.00 to
continue the Headstart/Preschool Program at Delmann Heights
Community Center and to execute the agreement for delegation of
activities with the County of San Bernardino Preshool Services
Department. (See Attached) (Cost to the City -- $83,802 in in-
kind services) Ward 6
MOTION: That said resolution be adopted.
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Syr►
Police Department
LAID OVER FROM DECEMBER 7, 1998
11. Ordinance of the Mayor and Common Council of the City of San
Bernardino amending Sections 8.81.070 (B), 8.81.100, 8.81.110
(A) and 8.81.120; adding Subsection (L) to Section 8.81.020 and
Subsections (C), (D) and (E) to Section 8.81.110; and repealing
Section 8.81.090 relating to City security alarm systems. FINAL
READING (Backup was distributed on December 7, 1998, Item
No. 25.)
MOTION: That said ordinance be adopted.
12. Resolution of the City of San Bernardino approving the destruction
of certain obsolete records by the San Bernardino Police
Department. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council 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 allowing the district to use the City of San Bernardino
Police Department's firing range. (See Attached) (No cost to the
City -- $2,160 in anticipated revenue to General Fund for
balance of FY 98/99.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
5 12/21/1998
V
PUBLIC HEARINGS
Public hearings scheduled for a certain time will not be heard prior
to the time scheduled; however, they may be heard at any time
thereafter and/or continued to a subsequent meeting.
Development Services
TO BE HEARD AT 10:00 A.M.
14. Public hearing - Resolution creating Underground Utility District
No. 27, generally located along portions of 40th Street, between
Electric Avenue and Waterman Avenue. (See Attached) (No cost to
the City.) Ward 1
Resolution of the Mayor and Common Council of the City of San
Bernardino creating Underground Utility District No. 27, generally
located along portions of 40th Street, between Electric Avenue and
Waterman Avenue.
Mayor to open the hearing . . .
MOTION: That the hearing be closed, and protests, if any, be
overruled; and that said resolution be adopted.
END PUBLIC HEARINGS
COMMITTEE CONSENT CALENDAR
Item was discussed by Ways and Means Committee on
December 9, 1998 - Council Members present: Schnetz, Devlin
and Anderson.
City Administrator's Office
15. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a service agreement
with Big Red Apple, regarding the marketing and management of
the San Bernardino Stadium. (See Attached) (Cost to the City --
$50,000 from the Baseball Stadium Fund.) (Resolution not
available at the time of printing.) Ward 3
MOTION: That said resolution be adopted; that all other bids be
rejected; and that the Director of Finance be
authorized to amend the FY 1998/99 budget to reflect
an increase of $50,000 in Account No. 133-461-5505
(Other Professional Services).
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STAFF REPORTS
City Attorney's Office
16. Ordinance of the City of San Bernardino adding Chapter 5.26 to
Article I, Title 5 of the San Bernardino Municipal Code relating to
shopping carts. FIRST READING (See Attached)
MOTION: That said ordinance be laid over for final adoption.
17. An ordinance of the City of San Bernardino amending Section
5.04.005 of the San Bernardino Municipal Code relating to the
requirements for conducting business in the City. FIRST
READING (See Attached)
MOTION: That said ordinance be laid over for final adoption.
Development Services
18. Resolution of the City of San Bernardino awarding a contract to
Golden West Landscape Contractor for the installation of
landscaping in the Orange Show Road extension. (See Attached)
(Cost to the City -- $133,892.90 from the Street Construction
Fund.) (Resolution not available at the time of printing.)
Wards 1 & 3
MOTION: That said resolution be adopted.
19. Resolution of the City of San Bernardino amending Resolution No.
3985 entitled, in part, "A resolution prohibiting parking upon
certain designated streets or portions thereof . . . . .. to establish a
no parking any time zone on Fourth Street between Foothill
Boulevard and Tia Juana Street, applicable to the south side only.
(See Attached) (Cost to the City -- $1,000 from the General
Fund.) Ward 3
MOTION: That said resolution be adopted.
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Telecommunications
20. Adoption of resolutions approving a Tolling Agreement with
Stubblefield Construction and the City's intent to renew grant of a
non-exclusive cable franchise. (See Attached) (No cost to the City
-- $1,700 in anticipated revenue to the General Fund for
duration of Tolling Agreement.) Ward 4
A. Resolution of the City of San Bernardino approving a Tolling
Agreement between the City of San Bernardino and
Stubblefield Construction dba Mountain Shadows Cable TV
System to provide cable service to the residents of San
Bernardino.
B. Resolution of the City of San Bernardino stating the City's
intention to renew the grant of a non-exclusive cable
franchise to Stubblefield Construction dba Mountain
Shadows Cable TV System. (Note: This resolution sets a
public hearing for 10:00 a.m., Monday, January 11,
1999.)
MOTION: That said resolutions be adopted.
END OF STAFF REPORTS
CONTINUED ITEMS
Development Services
CONTINUED FROM NOVEMBER 2, 1998
21. Resolution of the City of San Bernardino approving the final map
for Subdivision Tract No. 14193, located on the southeast corner of
Ohio Avenue and Olive Avenue, accepting the public dedications as
set forth on said map; and authorizing execution of the standard
form of agreement for the improvements in said subdivision, with
time for performance specified. (Backup material was distributed
on October 5, 1998, Item No. 49; and was continued to
November 2, 1998, Item No. 22.)
MOTION: That the matter be continued to March 15, 1999.
END OF CONTINUED ITEMS
8 12/21/1998
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
22. Determination of public convenience and necessity for a Type-20
Liquor License for Rocky Farms Market located at 4645 N. Sierra
Way. (See Attached) Ward 4
MOTION: That the Mayor and Common Council determine that
the public convenience or necessity is served and that
the Director of Development Services be directed to
send a letter to the Department of Alcoholic Beverage
Control for a Type 20 (off-site beer and wine) Liquor
License for Rocky Farms Market.
END OF PLANNING ITEMS
9 12/21/1998
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO ASSOCIATED COMMUNITIES
FINANCING AUTHORITY
MONDAY, DECEMBER 21, 1998 - 2:00 P.M.
PRESENT:
ABSENT:
R23. Resolution of the Community Development Commission of the City
of San Bernardino authorizing the Executive Director of the
Economic Development Agency to execute an agreement for
professional services with the National Development Council. (See
Attached) (Cost to the Agency -- $50,000 from the Community
Reinvestment Fund.)
MOTION: That said resolution be adopted.
R24. Annual Investment Policy. (See Attached)
MOTION: That the Community Development Commission
approve and adopt the Economic Development
Agency's Annual Statement of Investment Policy for
the year 1999.
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TO BE HEARD AT 2:00 P.M.
SANBAC
R25. Public hearing - San Bernardino Associated Communities
Financing Authority (SANBAC) - 1998 Health Care Certificate of
Participation - Family Clinics Foundation. (See Attached)
Resolution of the San Bernardino Associated Communities
Financing Authority authorizing the sale and delivery of not to
exceed $100 million aggregate principal amount of certificates or
participation (Family Clinics Foundation Project) Series 1998A,
Series 1998B and Series 1998C and approving the execution and
delivery of certain documents in connection therewith.
(Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
R26. Discuss and take possible action on the following documents
relative to the MDA-San Bernardino Associates - Cinema Star
Multi-Plex Theater Project - direct staff to take appropriate action
based upon decisions made on the following three documents:
(Documentation being prepared)
a. Subordination and Intercreditor Agreement
(Construction Loan)
b. Subordination and Intercreditor Agreement
(Permanent Loan)
C. Permanent Loan Commitment Letter
27. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, January 11, 1999, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
11 12/21/1998
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 beginning 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.
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