HomeMy WebLinkAbout04-17-2000 Jt. Reg Mtg Agenda AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, APRIL 17, 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.
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):
Rose Mihata vs. City of San Bernardino, et al. — San
Bernardino Superior Court Case No. SCV 30467.
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.
(Item Continued on Next Page)
1 4/17/2000
1. Continued.
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: Northwest corner of
Tippecanoe and I-10 Freeway
Negotiating Parties: Ronald E. Winkler on behalf of
the Economic Development
Agency and Arthur Pearlman,
Pearlman/Hopkins
Under Negotiation: Purchase terms and
conditions
2. Property Address: Northwest corner 5th & "E"
Streets
Negotiating Parties: Ann Harris and Maggie
Pacheco on behalf of the
Economic Development
Agency and TELACU and Al
Steward of Steward &
Associates
Under Negotiation: Purchase terms and
conditions
END OF CLOSED SESSION
2 4/17/2000
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments:
A. San Bernardino Associated Governments (SANBAG) Board of
Directors - Council Member Lien - Alternate Member.
B. Planning Commission - Mike Sauerbrun - Council Member
McCammack. (See Attached)
C. Police Commission - George W. Schnarre - Council Member
McCammack. (See Attached)
D. Fire Commission - reappointment - Lawrence A. Veres -
Council Member McCammack. (See Attached)
E. Inland Valley Development Agency (IVDA) Board of Directors
- Council Member Estrada - Member Appointment. (See
Attached)
F. Inland Valley Development Agency (IVDA) Board of Directors
- Council Member McGinnis - Alternate Member
Appointment. (See Attached)
G. San Bernardino International Airport Authority (SBIAA)
Board of Directors - Council Member Frank Schnetz -
Member Appointment. (See Attached)
H. San Bernardino International Airport Authority (SBIAA)
Board of Directors - Council Member Joe Suarez - Alternate
Member Appointment. (See Attached)
MOTION: That the appointments A-H, as requested by
Mayor Valles and Council Member McCammack,
be approved.
3 4/17/2000
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 30, 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 meetings of the
Mayor and Common Council of the City of San
Bernardino, be approved as submitted in typewritten
form:
February 22, 2000 (Distributed on 4/10/00)
March 6, 2000 (Distributed on 4/10/00)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
April 11, 2000 from Barbara Pachon, Director of
Finance, be approved.
4 4/17/2000
8. Personnel Actions. (See Attached)
MOTION: That the personnel actions as submitted by the Chief
Examiner, dated April 12, 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.
Code Compliance
LAID OVER FROM APRIL 3, 2000
9. An ordinance of the City of San Bernardino adding Section
10.16.260 to the San Bernardino Municipal Code relating to
parking of recreation vehicles on public right-of-way. FINAL
READING (Backup material was distributed April 3, 2000, Item
No. 21.)
MOTION: That said ordinance be adopted.
LAID OVER FROM APRIL 3, 2000
10. An ordinance of the City of San Bernardino amending Section
8.36.050 of the San Bernardino Municipal Code related to
administration and enforcement of abandoned vehicles. FINAL
READING (Backup material was distributed April 3, 2000, Item
No. 22.)
MOTION: That said ordinance be adopted.
LAID OVER FROM APRIL 3, 2000
11. An ordinance of the City of San Bernardino amending Section
8.36.100 of the San Bernardino Municipal Code related to public
hearing for abandoned vehicles. FINAL READING (Backup
material was distributed April 3, 2000, Item No. 22.)
MOTION: That said ordinance be adopted.
5 4/17/2000
LAID OVER FROM APRIL 3, 2000
12. An ordinance of the City of San Bernardino amending Section
8.36.120 of the San Bernardino Municipal Code related to appeals
of vehicle abatement hearing decisions. FINAL READING
(Backup material was distributed April 3, 2000, Item No. 22.)
MOTION: That said ordinance be adopted.
13. Resolution of the City of San Bernardino confirming cost of
abatements and imposing liens on certain parcels of real property
located within the City of San Bernardino for the costs of the
abatement of public nuisances. (Building Abatements) (See
Attached)
MOTION: That said resolution be adopted; and that the Code
Compliance Division administratively remove any
properties from Exhibit "A" which have been paid.
Development Services
14. Authorize staff to proceed with proposed vacation of a portion of
the north/south alley north of 20th Street between Guthrie Street
and Newcomb Street, and approve Plan No. 10070. (See Attached)
(No cost to the City -- $1,000 processing fee to be paid by
applicant.) Ward 7
MOTION #1: That the Director of Development Services and
the City Clerk be authorized to proceed with the
vacation of a portion of the north/south alley
north of 20th Street, between Guthrie Street and
Newcomb Street; and
MOTION #2: That Plan No. 10070 showing the proposed
vacation of portions of the north/south alley
north of 20t11 Street between Guthrie Street and
Newcomb Street, be approved.
15. Authorize staff to proceed with formation of a landscape
maintenance assessment district in the Waterman Avenue and
Washington Street area (Tentative Tract Nos. 15826 8v 15991). (See
Attached) (No cost to the City -- $4,000 processing fee to be
paid by applicant.) Ward 3
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(Item Continued on Next Page)
15. Continued.
MOTION: That the Director of Development Services and the City
Clerk be authorized to proceed under San Bernardino
Municipal Code 12.90, with the establishment of a
landscape maintenance assessment district in the
Waterman Avenue and Washington Street area, within
Tentative Tract Nos. 15826 & 15991, to be known as
Assessment District No. 1027.
16. Resolution of the City of San Bernardino amending Resolution No.
3985 entitled, in part, "A resolution...prohibiting parking upon
certain designated streets, alleys, or portions thereof..." to
establish a no parking any time zone on Pepper Avenue between
Rialto Avenue and seven-hundred feet north of Rialto Avenue.
(See Attached) (Cost to the City -- $800 from the General
Fund.) Ward 3
MOTION: That said resolution be adopted.
17. Resolution of the City of San Bernardino amending Resolution No.
3985 entitled, in part, "A resolution ... prohibiting parking upon
certain designated streets, alleys, or portions thereof...to establish
a no parking zone between the hours of 5:00 p.m. and 5:00 a.m.
on Seventeenth Street between Sepulveda Avenue and Belle Street.
(See Attached) (Cost to the City -- $1,000 from the General
Fund.) Ward 2
MOTION: That said resolution be adopted.
18. Resolution of the City of San Bernardino amending Resolution No.
3985 entitled, in part, "A resolution ... prohibiting parking upon
certain designated streets, alleys, or portions thereof..." to
establish a no parking any time zone on Guthrie Street between
Twentieth Street and Highland Avenue. (See Attached) (Cost to
the City -- $1,000 from the General Fund.) Ward 7
MOTION: That said resolution be adopted.
7 4/17/2000
19. Request for Waiver of Fees - Hispanic Chamber of Commerce -
Cinco de Mayo Festival. (See Attached)
MOTION: That the request for refund of Temporary Use
Permit fee in the amount of $320.00, and the
request for waiver of fees in the amount of
$9,227.47 for the Inland Empire Hispanic
Chamber of Commerce Cinco de Mayo Festival
on Sunday, April 30, 2000, be granted.
20. Resolution of the City of San Bernardino authorizing the execution
of an agreement with National Plant Services, Inc., for professional
services relative to providing special maintenance services for the
City's sewage system. (See Attached) (Cost to the City --
$136,000 from the Sewer Line Maintenance Fund.)
MOTION: That said resolution be adopted.
21. Resolutions authorizing the execution of agreements for bond
counsel, investment banker and assessment engineer -
Assessment District No. 1026, Tract No. 10260 and Tentative Tract
No. 14112. (See Attached) (No cost to the City -- $162,690
formation and consultant fees to be paid for from deposit by
petitioner.) Ward 4
A. Resolution of the City of San Bernardino authorizing and
directing the execution of an agreement with the firm of Sabo
and Green for legal services relative to the formation of
Assessment District No. 1026 for Tract No. 10260 and
Tentative Tract No. 14112. (Resolution not available at
time of printing.)
B. Resolution of the City of San Bernardino authorizing and
directing the execution of an agreement with the firm of
Miller & Schroeder Financial, Inc., for investment banking
services relative to the formation of Assessment District No.
1026 for Tract No. 10260 and Tentative Tract No. 14112.
(Resolution not available at time of printing.)
(Item Continued on Next Page)
8 4/17/2000
21. Continued.
C. Resolution of the City of San Bernardino authorizing and
directing the execution of an agreement with the firm of
GFB-Friedrich 8a Assoc., Inc., for assessment engineering
services relative to the formation of Assessment District No.
1026 for Tract No. 10260 and Tentative Tract No. 14112.
(Resolution not available at time of printing.)
MOTION: That said resolutions A-C, be adopted.
Facilities Management
22. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Western Allied Services
Company for design/build of an energy-efficient replacement of a
chiller at the Galaxy Recreation Center and all design, structural,
mechanical, electrical and roof repair work. (See Attached) (No
cost to the City - $12,793 annual cost anticipated to be
recovered in energy savings.) (Resolution not available at time
of printing.) Ward 1
MOTION #1: That said resolution be adopted; and
MOTION #2: That the Director of Finance be authorized to
solicit lease-purchase rate quotes under the
existing Master Lease Agreements and to award
a lease purchase contract to the lowest
responsible leasing company.
23. Resolution of the Mayor and Common Council of San Bernardino
awarding a contract to Ken's Construction Service for the ADA
modernization of City Hall restrooms on the second and third floor.
(See Attached) (Cost to the City -- $54,280 from CDBG
Program funds.) Ward 1
MOTION: That said resolution be adopted.
Fire
24. Set Luncheon Workshop - May 15, 2000 at 12:00 p.m. in the
Economic Development Agency Board Room - presentation by Fire
Department Response Time Standards Ad Hoc Committee.
(Item Continued on Next Page)
9 4/17/2000
24. Continued.
MOTION: That a luncheon workshop be set for Monday, May 15,
2000 at 12:00 p.m. in the Economic Development
Agency Board Room to hear a presentation by the Fire
Department Response Time Standards Ad Hoc
Committee.
Police
25. 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 California State University, San
Bernardino allowing the University to use the City of San
Bernardino Police Department's firing range. (See Attached) (No
cost to the City - $1,040 anticipated additional annual
General Fund revenue.)
MOTION: That said resolution be adopted.
Public Services
26. Resolution authorizing an increase in the annual purchase orders
to Parkhouse Tires, Inc., "Y" Tire Sales and Viking Auto Center for
new light duty vehicle tires and recapped heavy equipment tires,
and a reduction in the annual purchase orders to Parkhouse Tires,
Inc., "Y" Tire Sales and Viking Auto Center for new heavy
equipment tires. (See Attached) (Cost to the City -- $32,000
from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
27. A resolution of the City of San Bernardino authorizing an increase
in the annual purchase order to Fairview Ford for materials and
services to support the City's light vehicle fleet to be utilized by the
Fleet Division of the Public Services Department. (See Attached)
(Cost to the City -- $21,000 from the Motor Pool Fund.)
MOTION: That said resolution be adopted.
28. Resolution of the City of San Bernardino authorizing an increase to
the purchase order to Fourth Street Rock for disposal of street
sweeping materials. (See Attached) (Cost to the City -- $20,000
from the Refuse Fund.)
MOTION: That said resolution be adopted.
10 4/17/2000
29. Resolution of the City of San Bernardino authorizing the execution
of a purchase order to UEMSI for one (1) sewer video camera
system to be utilized by the Sewer Maintenance Division of the
Public Services Department. (See Attached) (Cost to the City --
$32,698.06 from the Sewer Line Maintenance Fund.)
MOTION: That said resolution be adopted.
30. Item Deleted.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
City Clerk
TO BE HEARD AT 10:00 A.M.
31. Public hearing - resolution imposing liens on certain parcels of real
property located in the City of San Bernardino. (See Attached)
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 removed any properties
from Exhibit A, which have been paid prior to the
hearing; and that said resolution be adopted.
Development Services
TO BE HEARD AT 10:00 A.M.
32. Public meeting - Palm and Washington Landscape Maintenance
Assessment District - Tract No. 15743. (See Attached) (Cost to
the City -- $1,071 annual cost from the General Fund.) Ward 5
Mayor to open the hearing . . .
(Item Continued on Next Page)
11 4/17/2000
32. Continued.
MOTION: That the public meeting; relative to the formation of the
Palm and Washington Area Landscape Maintenance
Assessment District, to be known as Assessment
District No. 1025, be closed and protests, if any, be
carried over to the public hearing on May 15, 2000, at
10:00 a.m.
END PUBLIC HEARINGS
STAFF REPORTS
Fire
33. An ordinance of the City of San Bernardino amending Chapter
8.60 and Chapter 8.63 of the San Bernardino Municipal Code
relating to fireworks, explosives and fires. FIRST READING (See
Attached) (No cost to the City.) (Ordinance not available at
time of printing.)
MOTION: That said ordinance be laid over for final adoption.
CONTINUED ITEMS
City Administrator
CONTINUED FROM MARCH 6, 2000
34. Ordinance of the City of San Bernardino dissolving Community
Facilities District No. 995. FIRST READING (Backup material
was distributed March 6, 2000, Item No. 25.) Ward 5
MOTION: That the matter be continued to the meeting of May
15, 2000.
Code Compliance
CONTINUED FROM APRIL 3, 2000
35. An ordinance of the City of San Bernardino adding Section
10.16.250 to the San Bernardino Municipal Code relating to
parking vehicles on unpaved parcels of real property. FIRST
READING (See New Staff Report and Ordinance Attached)
(Backup material was distributed on April 3, 2000, Item No.
20.)
(Item Continued on Next Page)
12 4/17/2000
35. Continued.
MOTION: That said ordinance be laid over for final adoption.
END OF CONTINUED ITEMS
PLANNING ITEMS
Development Services
TO BE HEARD AT 11:00 A.M.
36. Appeal hearing - Planning Commission's approval of Conditional
Use Permit No. 99-17 to allow for the establishment of a transfer
facility for the collection and transfer of greenwaste and other
organic materials. (See Attached) Ward 6
Applicant: David Hardy
California Bio-Mass, Inc.
10397 Alder Avenue
Bloomington, CA 92316
Appellant: Cimarron Ranch Neighborhood Assoc.
P O Box 9466
San Bernardino, CA 92427
Request: The applicant requests approval of Conditional Use
Permit under authority of Development Code Section 19.06.030
(2)(P) to establish and operate a transfer facility for the collection
and transfer of green waste and other organic materials and
finished product, bagging/warehousing and marketing.
Mayor to open the hearing . . .
MOTION: That the Mayor and Common Council close the
hearing, deny the appeal and uphold the Planning
Commission's adoption of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting
Program and approval of Conditional Use Permit No.
99-17, based on the Findings of Fact contained in the
Planning Commission's Staff Report, subject to the
Conditions of Approval as amended and Standard
Requirements.
END OF PLANNING ITEMS
13 4/17/2000
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BER:NARDINO
NOTE: There are no Community Development Commission
items agendized for this meeting; therefore, the meeting will
adjourn following public comments.
37. 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.)
38. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, May 1, 2000, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
14 4/17/2000
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.
15 4/17/2000
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
SUPPLEMENTAL AGENDA
APRIL 17, 2000
City Attorney
S1. Authorization to join amicus curiae brief in support of the City and
County of San Francisco in the case of University of California,
Hastings v. City and County of San Francisco. (No documents
available at time of printing.)
MOTION: That the Mayor and Common Council authorize the
City Attorney to join in the amicus curiae brief in
support of the City and County of San Francisco in the
case of University of California, Hastings v. City and
County of San Francisco, First Appellate District, Case
No. 89183.
S2. Authorization to execute a Professional Services Agreement
between the City of San Bernardino and the law firm of Lewis,
D'Amato, Brisbois & Bisgaard to represent the City in the case of
Jaime Alvarez, et al. v. City of San Bernardino, et al. (No
documents available at time of printing.)
MOTION: That the Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of the
City of San Bernardino the Professsional Services
Agreement with the law firm of Lewis, D'Amato,
Brisbois 8v Bisgaard to represent the City in the Case
of Jamie Alvarez, et al. v. City of San Bernardino, et
al., United States District Court Case No. 00-03048
GHK (Rcx).
S3. Request for Closed Session.
A. Conference with legal counsel - existing litigation - pursuant
to Government Code Section 54956.9(a):
City of San Bernardino Municipal Water Department v. U.S.
Department of Defense, United States District Court Case
No. CV 96-8867-MRPP (VAPx).
1 4/ 17/2000
Council Office
S4. Appointment of Council Committees. (See Attached)
MOTION: That the Mayor and Common Council approve the
following Council Committee appointments:
Council Parliamentarian Betty Anderson
CDC Vice-Chairperson Betty Anderson
Council Committees -- Regular Meetinjgs
Legislative Review Committee - McGinnis, Ch.; Lien, Schnetz
Personnel Committee - Anderson, Ch.; Suarez,
McCammack
Redevelopment Committee - Anderson, Ch.; Estrada,
Suarez
Ways & Means Committee - Schnetz, Ch.; McGinnnis,
McCammack
Council Committees - At Call of Chair
CDBG Funding Review Ad Hoc Comm. - Lien, Ch.; Estrada
McCammack
California Theatre Ad Hoc Committee - Mayor, Estrada, Anderson
Corridor Beautification Committee - Suarez
Fire Equipment Ad Hoc Committee - Schnetz, Ch.; Anderson
Water Resources Ad Hoc Committee - Estrada, Ch.; Lien
Police Ad Hoc Committee - McCammack, Ch.; Lien
Committee To Review Ad Hoc Comm. - Anderson, Ch.; Estrada
Court House Ad Hoc Committee - Mayor, Estrada, Schnetz,
Anderson, City Attorney
Outside Committees
Fire Dept. Planning Standards Ad Hoc - Estrada, Lien
League of CA Cities Community
Services Policy Committee - Schnetz
League of CA Cities Inland Empire
Division - McGinnis, Anderson (Alt)
2 4/ 17/2000