HomeMy WebLinkAbout05-17-1999 Jt. Reg Mtg Agenda r
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MAY 17, 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
on pages 13-15 .)
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):
Juan Morales vs. Civil Service Board of the City of San
Bernardino - San Bernardino Superior Court Case No. SCV
43650;
Kenneth J. Henderson, et al. vs. Economic Development
Agency of the City of San Bernardino, et al. - Fourth
Appellate District Court of Appeal Case No. E021852 (San
Bernardino Superior Court Case No. SCV 16489);
(Item Continued On Next Page)
1 5/17/1999
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1. Continued.
Manta Management Corp. vs. City of San Bernardino - Court
of Appeal Case No. E019635 (Superior Court Case No. SCV
19157);
Cesar Colmenero, et al. vs. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. FOCI 50336;
Shirley Goodwin vs. City of San Bernardino, et al. - United
States District Court Case No. EDCV 98-66 RT (VAPx);
Hector L. Serrano, et al. vs. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. SCV 46669;
Vern Devore vs. City of San Bernardino - Worker's
Compensation Appeals Board Case Nos. SBR 0282060; SBR
0282323; SBR 0286018; and SBR 0287347.
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. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
F. 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.
G. Conference with labor negotiator - pursuant to Government
Code Section 54957.6:
(Item Continued On Next Page)
2 5/17/1999
1. Continued.
AgencVNegotiator:
Fred Wilson, City Administrator
Employee Organization:
Fire Management
Agency Negotiator:
Ed Raya, Director of Human Resources
Employee Organization:
San Bernardino City Professional Firefighters, Local 891
END OF CLOSED SESSION
3 5/17/1999
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Mobile Home Board - Jerry E. Miller (Neutral Representative)
- Mayor Valles (See Attached).
B. Board of Police Commissioners - John Ballard - Council
Member McGinnis (See Attached).
MOTION: That the appointments of Jerry E. Miller and
John Ballard, as requested by Mayor Valles and
Council Member McGinnis, be approved.
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 20, 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.
4 5/17/1999
6. Council Minutes.
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:
March 1, 1999 (Distributed on 5/4/99)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
May 4, 1999, 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 May 10, 1999, 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. Resolution authorizing submittal of a grant application for
financial assistance from the Great American Station Foundation
for the purpose of Santa Fe Depot restoration. (See Attached)
Ward 1
MOTION: That said resolution be adopted.
10. Set dates and times for FY 1999-2000 City and EDA budget
deliberations.
MOTION: That the following dates and times be established for
budget deliberations in the EDA Board Room:
Wednesday, June 9, 4:00 p.m.
Wednesday, June 16, 4:00 p.m.
Wednesday, June 23, 4:00 p.m.
Wednesday, June 30, 4:00 p.m.
5 5/17/1999
Development Services
11. Resolution of the City of San Bernardino amending Resolution No.
8234 entitled, in part, "A resolution ... establishing parking time
limitations upon certain designated streets, alleys, or portions
thereof ..."; and authorizing the change of the one-hour parking
limitation to a two-hour parking limitation on the north side of
Court Street between "E" Street and "D" Street. (See Attached)
(Cost to the City -- $200 from the General Fund.) (Resolution
not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
12. Resolution of the City of San Bernardino declaring its intention to
order the vacation of a portion of Flores Street, 10th Street and
Pennsylvania Avenue south of Baseline Street. (See Attached) (No
cost to the City -- $1,000 fee paid by applicant.) Ward 6
MOTION: That said resolution be adopted.
13. Approve plans and authorize advertisement for bids - slurry seal
various streets, Phase VII - Areas "A" and "J", per Plan No. 9964.
(See Attached) (Cost to the City -- $620,000 from the Y2 Cent
Sales and Road Tax Fund.) Wards 3 & 5
MOTION: That Plan No. 9964 for slurry seal of various streets,
Phase VII, Areas "A" and "J", be approved; and that the
Director of Development Services be authorized to
advertise for bids.
14. Resolution of the City of San Bernardino approving the Final Map
for Subdivision Tract No. 14112, located northwesterly of the
intersection of Foothill Drive and Sterling Avenue, accepting the
public dedications as set forth on said map; and authorizing the
execution of the standard form of agreement for the improvements
in said subdivision, with time for performance specified. (See
Attached) (No cost to the City.) (Resolution not available at
time of printing.) Ward 4
MOTION: That said resolution be adopted.
6 5/17/1999
15. Resolution of the City of San Bernardino approving the Final Map
for Subdivision Tract No. 15743 located on the southwest corner of
Washington Avenue and Palm 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. (See Attached)
(No cost to the City.) Ward 5
MOTION: That said resolution be adopted.
Finance
16. Resolution authorizing and approving the borrowing of funds for
Fiscal Year 1999-2000; the issuance and sale of a 1999-2000 Tax
and Revenue Anticipation Note therefor and participation in the
California Communities Cash Flow Financing Program. (See
Attached) (Estimated net earnings to the City -- $118,000 to
the General Fund FY 1999-2000 - budgeted revenue, FY 1999-
2000) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Police
17. Resolution of the City of San Bernardino approving a budget
amendment to transfer funds from the Police Department's
Background Investigations Account to increase the purchase order
for ballistic vests in the Materials and Supplies Account. (See
Attached) (Cost to the City -- $20,900 from the General Fund.)
MOTION #1: That the Mayor and Common Council approve
the Police Department's request for a budget
transfer/amendment in the amount of $20,900
from Account #001-224-5505 to Account #001-
224-5111; and
MOTION #2: That the Mayor and Common Council approve
the increase to the current Purchase Order
#992851 from $20,000 to $40,900 to cover the
costs of replacing expired ballistic vests for
police officers; and
MOTION #3: That said resolution be adopted.
7 5/17/1999
18. Resolution of the Mayor and Common Council of the City of San
Bernardino amending Resolution No. 98-195 and establishing
standard criteria for companies to provide tow services for the City
of San Bernardino. (See Attached) (Additional annual revenue in
the amount of $10,000 anticipated.) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
Public Services
19. Authorize the Purchasing Manager to advertise for Request for
Proposals for a Fleet Operational Efficiency review. (See Attached)
(Cost to the City -- $50,000 from the Motor Pool Fund.)
MOTION: That the Purchasing Manager be authorized to
advertise for Request for Proposals for a Fleet
Operational Efficiency review.
20. Resolution of the City of San Bernardino, to correct dollar amounts
in Sections 3 and 8 of Resolution 99-73, awarding increases to
annual purchase orders providing maintenance materials, parts
and services to be utilized by the Fleet Division of the Public
Services Department of the City of San Bernardino. (See Attached)
(No additional cost to the City.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 10:00 A.M.
CONTINUED FROM MAY 3, 1999
21. Public hearing - relative to the adoption of the 1998 California
Building Standards Code and Amendments thereon. (Backup
material was distributed on May 3, 1999, Item No. 17.)
(Item Continued On Next Page)
8 5/17/1999
21. Continued.
An ordinance of the City of San Bernardino amending Sections
15.04.020, 15.04.080132, 15.10.04013 and adding Section
15.04.055 of the San Bernardino Municipal Code and adopting by
reference the 1998 Edition of the California Building Standards
Code, known as the California Code of Regulations, Title 24, (CCR,
T-24) incorporating the Uniform Building Code, 1997 Edition, the
Uniform Mechanical Code, 1997 Edition, the Uniform Plumbing
Code, 1997 Edition, the National Electrical Code, 1996 Edition;
and adopting the Uniform Housing Code, 1997 Edition, the
Uniform Administration Code, 1997 Edition, The Uniform Code for
the Abatement of Dangerous Buildings, 1997 Edition, and
amending those California Building Standards as identified herein,
through express findings of local necessity. FINAL READING
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance be
adopted.
Fire
TO BE HEARD AT 10:00 A.M.
CONTINUED FROM MAY 3, 1999
22. Public hearing - relative to the adoption of the 1997 Uniform Fire
Code. (Backup material was distributed on May 3, 1999, Item
No. 18.)
Ordinance of the City of San Bernardino amending Chapter 15.16
of the San Bernardino Municipal Code, and adopting the California
Fire Code (1998), and incorporating by reference the 1997 Edition
of the Uniform Fire Code of the International Fire Code Institute
with necessary California amendments, together with California
Code for Regulations, Title 24, and the Uniform Fire Code
Standards (1997). FINAL READING
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance be
adopted.
END OF PUBLIC HEARINGS
9 5/17/1999
'fir .err
STAFF REPORTS
23. Two Alternative ordinances amending the time limits for retrofitting
unreinforced masonry buildings. (Documents not available at
time of printing.)
A. Ordinance of the City of San Bernardino amending Sections
15.12.100, 15.12.110, and 15.12.120 of the San Bernardino
Municipal Code extending the time limits for retrofitting
unreinforced masonry buildings; and amending Section
15.12.140 establishing the penalty for noncompliance.
FIRST READING; or
B. Ordinance of the City of San Bernardino adding Section
15.12.005 to the San Bernardino Municipal Code changing
the time limits for retrofitting unreinforced masonry
buildings from mandatory to permissive; and amending
Section 15.12.140 establishing the penalty for
noncompliance. FIRST READING
MOTION: That said ordinance be laid over for final
adoption.
City Attorney
24. Authorize City Attorney to join amicus brief in the case of Paul
Haggis v. City of Los Angeles. (See Attached) (No cost to the
City.)
MOTION: That the City of San Bernardino join in the amicus
brief in support of the City of Los Angeles and that the
City Attorney be authorized to execute the
authorization to do so.
Council Office
25. Request to amend the Development Code. (See Attached)
MOTION: That Development Services staff be directed to initiate
a Development Code amendment to modify the
location criteria allowing multi-service establishments,
including convenience stores, to be considered for
conditional use permits.
END OF STAFF REPORTS
10 5/17/1999
CONTINUED ITEMS
CONTINUED FROM APRIL 5, 1999
Development Services
26. Resolution of the City of San Bernardino amending Resolution No.
2086 entitled, in part, "A resolution designating certain street
intersections where a left turn is prohibited . . ." and providing that
left turns are prohibited at the intersection of Tippecanoe Avenue
and Rosewood Drive. (See Attached) (Backup material was
distributed on February 15, 1999, Item No. 15; and was
continued to April 5, 1999, Item No. 27.)
MOTION: That the matter be continued to the Mayor and
Common Council meeting of July 6, 1999, for
completion of the environmental review.
CONTINUED FROM APRIL 19, 1999
27. Resolution of the City of San Bernardino amending Resolution No.
655 entitled in part, "A resolution . . . designating certain streets or
portions thereof as through highways . . .;" and authorizing the
installation of a four-way stop at the intersection of Meridian
Avenue and Randall Avenue. (See Attached, new backup) (Backup
was distributed on April 19, 1999, Item No. 21.) (Resolution
not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
CONTINUED FROM APRIL 19, 1999
Council Office
28. An ordinance of the City of San Bernardino adding Section
5.04.378 to Title 5 of the San Bernardino Municipal Code relating
to pedestrian vendors. FIRST READING (Backup was originally
distributed on March 15, 1999, Item No. 18; and was
continued to April 19, 1999, Item No. 25.)
MOTION: That said ordinance be laid over for final adoption.
11 5/17/1999
Fire
CONTINUED FROM APRIL 19, 1999
29. Request authorization to enter into a 180-day pilot program -
American Medical Response and City Fire Department - for
enhanced pre-hospital paramedic service. (Backup material was
distributed on April 19, 1999, Item No. 27.)
MOTION: That the matter be continued to June 7, 1999.
END OF CONTINUED ITEMS
12 5/17/1999
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, MAY 17, 1999 — 2:00 P.M.
PRESENT:
ABSENT:
R30. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Mayor to execute a
contract by and between the City of San Bernardino and San
Bernardino West Side Community Development Corporation for
purposes of carrying out the Handyworker Program. (See Attached)
(Resolution not available at time of printing.)
MOTION: That the Mayor and Common Council approve the
amendment to the City's Consolidated Annual Action
Plan (1996-1998) authorizing the expenditure of
HOME funds in the amount of $150,000 for the West
Side Community Development Corporation
Handyworker Program; and that said resolution be
adopted.
R31. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Mayor to execute a
contract by and between the City of San Bernardino and
Neighborhood Housing Services of the Inland Empire, Inc., (NHS)
for purposes of carrying out the Mobile Home Park Handyworker
Program. (See Attached) (Resolution not available at time of
printing.)
MOTION: That the Mayor and Common Council approve the
amendment to the City's Consolidated Annual Action
Plan (1997) and authorize the expenditure of HOME
funds in the amount of $200,000 for the Neighborhood
Housing Services, Inc., Mobile Home Park
Handyworker Program; and that said resolution be
adopted.
13 5/17/1999
R32. Resolution of the Community Development Commission of the City
of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency (The "Agency") to execute a
contract by and between the Agency and Neighborhood Cluster
Associations, Inc., for purposes of carrying out the Neighbors
Helping Neighbors Grant Program. (See Attached) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
R33. Empire Consulting Agreement - Patton Park Soccer Field. (See
Attached) Ward 7
(Mayor and Common Council)
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing Amendment No. 1 to Joint Development
Agreement (San Bernardino Municipal Sports Complex) by and
among the City of San Bernardino, the Redevelopment Agency of
the City of San Bernardino and Empire A/G Recreation, LLC.
(Resolution not available at time of printing.)
(Community Development Commission)
Resolution of the Community Development Commission of the
Redevelopment Agency of the City of San Bernardino authorizing
Amendment No. 1 to Joint Development Agreement (San
Bernardino Municipal Sports Complex) by and among the City of
San Bernardino, the Redevelopment Agency of the City of San
Bernardino and Empire A/G Recreation , LLC. (Resolution not
available at time of printing.)
MOTION: That said resolutions be adopted.
R34. Loan Guarantee - 440 West Court Street. (See Attached)
Ward 1
Resolution of the Community Development Commission of the
Redevelopment Agency approving an escrow letter in conjunction
with the reconveyance of guarantees, repayment of loan, and
transfer of furniture, fixtures, and equipment (440 West Court
Street). (Resolution not available at time of printing.)
(Item Continued on Next Page)
14 5/17/1999
R34. Continued.
MOTION: That the Community Development Commission
authorize the Agency to accept furniture, fixtures and
equipment from Hatle/Fox and assign furniture,
fixtures and equipment to Valley Bank for release of
loan guarantee on property at 440 West Court Street
and open escrow to accomplish this transaction; and
that said resolution be adopted.
R35. Resolution of the Community Development Commission approving
and authorizing the Executive Director of the Redevelopment
Agency to execute Amendment No. 2 to the Disposition and
Development Agreement by and between the Redevelopment
Agency of the City of San Bernardino and Premis Partners. (See
Attached) (Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
36. 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.)
37. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, June 7, 1999, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino.
15 5/17/1999
�Irrr
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.
16 5/17/1999