HomeMy WebLinkAbout10-18-1999 Jt. Reg Mtg Agenda AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, OCTOBER 18, 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 - 14.)
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):
Manta Management vs. City of San Bernardino - San
Bernardino Superior Court Case No. SCV 18157.
City of San Bernardino vs. The Harris Co., et al. - San
Bernardino Superior Court Case No. SCVSS 60057.
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.
(Item Continued on Next Page)
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1. Continued.
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
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
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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.
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.
6. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated,
October, 12, 1999 from Barbara Pachon, Director of
Finance, be approved.
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7. Personnel Actions. (See Attached)
MOTION: That the personnel action list as submitted by the
Chief Examiner, dated October 12, 1999, in
accordance with Civil Service rules and Personnel
policies, adopted the Mayor and Common Council of
the City of San Bernardino be approved and ratified.
City Administrator
8. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing an agreement with the City of San
Bernardino and the San Bernardino Black Culture Foundation for
financial assistance from the Civic and Promotion Fund for FY
1999/00. (See Attached) (Cost to the City -- $22,827 [$4,300 -
direct funding from the General Fund; $15,877 - indirect
funding from the General Fund, and $2,650 in fee waivers].)
(Resolution not available at time of printing.) Ward 6
MOTION #1: That said resolution be adopted.
MOTION#2: That approval of direct funding in the amount of
$4,300; indirect funding in the amount of
$15,877 be transferred from the 1999/2000
Civic and Promotion Fund to various City
departmental accounts as listed in the staff
report from the City Administrator dated
October 4, 1999; and a waiver of fees and use of
City personnel and equipment be authorized to
assist in the 1999/2000 Black History Week
events scheduled for February 4-6, 2000.
City Attorney
LAID OVER FROM OCTOBER 4, 1999
9. Ordinance of the City of San Bernardino amending Section
19.06.030(2)(A) of the San Bernardino Municipal Code
(Development Code) relating to adult businesses. FINAL READING
(Backup material was distributed on September 20, 1999, Item
No. 24A, and was continued to October 4, 1999, Item No. 31.)
MOTION: That said ordinance be adopted.
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City Clerk
10. Certification of Northwest Redevelopment Project Area Committee
Election Results - October 6, 1999. (See Attached) Ward 6
MOTION #1: That the Mayor and Common Council declare
that the adopted procedures for the Northwest
Redevelopment Project Area Committee election
held on October 6, 1999, were followed and
further declare as official the results of the
Northwest Redevelopment Project Area
Committee election, as set forth in the Certificate
of Election Results, dated October 7, 1999, and
accompanying Summary Report dated October
6, 1999; and
MOTION #2: That the Community Development Commission
recommends approval of the Northwest
Redevelopment Project Area Committee as
elected on October 6, 1999.
Development Services
11. Request for waiver of requirement to connect to sewer system --
property located at 4349 W. Meyers Road - John and Kimberly
Traut. (See Attached) (No cost to the City -- $SOO
administrative fee paid by applicant.) Ward S
MOTION: That Sewer Waiver Request No. 99-02, requesting
waiver of the requirement to connect to the City's
sewer system for property located at 4349 W. Meyer
Road, be approved.
12. Resolution of the City of San Bernardino amending Resolution No.
94-229, entitled "Resolution of the City of San Bernardino relating
to the leasing of parking spaces in parking district lots" to exempt
District Lot No. 3 from leasing limits. (See Attached) (No cost to
the City.) ((Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
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13. Resolution of the City of San Bernardino approving the Final Map
for Subdivision Tract No. 15114, located south of Hemlock Drive
and north of Piedmont Drive, approximately 1,250 feet east of
Arden Avenue, accepting the public dedications as set forth on said
map; and authorizing execution 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.
14. Resolution of the City of San Bernardino authorizing and directing
the execution of right of way agreements for the acquisition of right
of way easements from certain parcels of land located on the south
side of Hospitality Lane and the east side of Waterman Avenue and
authorizing negotiated payments for the acquisition of said
easements. (See Attached) (Cost to the City -- $39,450 from the
State SB 300 Fund.) (Resolution not available at time of
printing.) Ward 3
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino designating signatory
authority for Federal Capital Assistance Transportation
Enhancement Activity (TEA) funds to restore and rehabilitate the
San Bernardino Santa Fe Depot. (See Attached) (No cost to the
City.) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
Human Resources
16. Resolution of the City of San Bernardino approving an agreement
with Liebert, Cassidy & Frierson for labor relations training
services. (See Attached) (Cost to the City -- $1,700 from the
General Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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17. Rescinding Resolution Nos. 1999-235 and 1999-236 and
resubmitting resolutions to implement the provisions of Section
414 (H) (2) of the Internal Revenue Code related to fire and police
members. (See Attached)
A. Resolution of the City of San Bernardino rescinding
Resolution No. 1999-235 and implementing the provisions of
Section 414 (H) (2) of the Internal Revenue Code for all local
fire and police members. (Resolution not available at time
of printing.)
B. Resolution of the City of San Bernardino rescinding
Resolution No. 1999-236 and authorizing the City of San
Bernardino to report the value of employer-paid member
contributions (EPMC) to CALPERS as additional
compensation for all local fire and police members.
(Resolution not available at time of printing.)
MOTION: That said resolutions be adopted.
Police
18. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to issue an
annual purchase order to Adamson Industries in the amount not
to exceed $31,200.00 for ammunition to be utilized by the City of
San Bernardino Police Department. (See Attached) (Cost to the
City -- $31,200 from the General Fund.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
19. Resolution of the City of San Bernardino authorizing the execution
of a purchase order between the City of San Bernardino and
McNeilus Truck and Manufacturing Company for three commercial
front load refuse collection trucks to be utilized by the Public
Services Department; and authorizing the Purchasing Manager to
solicit rate quotes for lease-purchase of the three trucks. (See
Attached) (Cost to the City -- $200,000 [for Fiscal Year
1999/2000] from the Refuse Fund.) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
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20. Resolution of the City of San Bernardino authorizing the execution
of an annual purchase order between the City of San Bernardino
and Parkhouse Tire, Inc., Viking Auto Center, and `Y' Tire Sales for
new and recapped tires, tubes and repair services for City vehicles
and equipment to be utilized by the Fleet Division. (See Attached)
(Cost to the City -- $223,000 from the Motor Pool Fund.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
21. Resolution of the City of San Bernardino authorizing the execution
of an annual purchase order to Rush Truck Center for Peterbilt
truck parts and maintenance support to be utilized by the Fleet
Division of the Public Services Department. (See Attached) (Cost
to the City - $30,420 from the Motor Pool Fund.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
22. Resolution of the City of San Bernardino, California, authorizing
the execution of an annual purchase order to Beaumont
Yamaha/Kawasaki for motorcycle service and materials to be
utilized by the Fleet Division of Public Services Department. (See
Attached) (Cost to the City -- $37,170 from the Motor Pool
Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
TO BE HEARD AT 10:00 A.M.
Development Services
23. Public hearing - resolution ordering vacation of a portion of
Belleview Street, between Rancho Avenue and Pennsylvania
Avenue. (See Attached) (No cost to the City -- $1,000 fee paid
by petitioner.) (Resolution not available at time of printing.)
Ward 3
(Item Continued on Next Page)
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23. Continued.
Resolution of the City of San Bernardino ordering the vacation of a
portion of Belleview Street, between Rancho Avenue and
Pennsylvania Avenue and reserving public utility easements and
an easement for egress and ingress.
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; that the findings of
fact be adopted as set forth in the Staff Report
dated September 28, 1999, from the Director of
Development Services, as to why a portion of
Belleview Street, between Rancho Avenue and
Pennsylvania Avenue, is no longer necessary for
public street purposes; and
MOTION #2: That said resolution be adopted.
END PUBLIC HEARINGS
STAFF REPORTS
City Administrator
24. Budget amendment concerning the operation of the Johnson Hall
Community Center, and directing the savings toward membership
in the Inland Empire Economic Partnership and enhanced Parks,
Recreation and Community Services Department services. (See
Attached) (No net cost to the City.)
MOTION #1: That one position of Recreation Program
Coordinator, Range 4279 ($1,785-
$2,170/month) be reclassified to Recreation
Supervisor, Range 2383 ($2,998-
$3,645/month); and
MOTION #2: That the Director of Finance be authorized to
amend the FY 1999-2000 budget as indicated in
the attached Staff Report dated October 11,
1999 from City Administrator Fred Wilson.
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City Attorney
25. An ordinance of the City of San Bernardino amending Section
9.95.050(C) of the San Bernardino Municipal Code relating to
appeals under the Narcotics and Gang-Related Crime Eviction
Program. (See Attached) FIRST READING
MOTION: That said ordinance be laid over for final adoption.
Council Office
26. Discuss and take possible action concerning the State Street
Project, including possible funding. (See Attached)
Development Services
27. Authorize staff to proceed - sale of a portion of City property and
vacation of a portion of the east/west alley east of "F" Street,
between 5ffi and 6th Streets and approval of Plan No. 10025. (See
Attached) (Cost to the City -- $1,000, if waiver is granted.)
Ward 1
MOTION #1: That the Director of Development Services be
authorized to proceed with the sale of a portion
of City property located east of "F" Street,
between 5th and 6th Streets (portion of Feldheym
Library property); and
MOTION#2: That the Director of Development Services and
the City Clerk be authorized to proceed with the
vacation of a portion of that certain east/west
alley located east of "F" Street, between 5th and
6th Streets and that Plan No. 10025, be
approved; and
MOTION #3: That the request for waiver of processing fees in
the amount of$1,000, be granted; or
MOTION#4: That the request for waiver of processing fees in
the amount of$1,000, be denied.
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28. Authorize staff to proceed - 1913 Act Assessment District for Water
and Sewer Fees relative to the development of Tract Nos. 11261,
13822 and 10260. (See Attached) (No cost to the City -- $82,000
in formation and consultant fees to be paid by developer.)
Wards 4 & 6
MOTION: That the Director of Development Services and the City
Clerk be authorized to proceed with the formation of
an Assessment District pursuant to the Municipal
Improvement Act of 1913 for water and sewer fees
relative to the development of Tract Nos. 11261,
13822, and 10260.
29. Resolution of the City of San Bernardino awarding an agreement to
Parsons Harland Bartholomew and Associates, Inc., to revise the
Housing Element of the General Plan for the City of San
Bernardino. (See Attached) (Cost to the City -- $55,600 from
the 20% Housing Set-Aside Fund.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
CONTINUED ITEMS
Fire
CONTINUED FROM OCTOBER 4, 1999
30. 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.)
MOTION: That the matter be continued to November 1, 1999.
END OF CONTINUED ITEMS
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._ .
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, OCTOBER 18, 1999 — 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R31. Public hearing - Disposition and Development Agreement with
California Bio-Mass, Inc. (See Attached) Ward 6
(Mayor and Common Council)
A Resolution of the Mayor and Common Council of the City of San
Bernardino, acknowledging receipt of a report relating to the
proposed disposition of certain lands submitted by the
Redevelopment Agency of the City of San Bernardino and
authorizing the sale of property on the terms set forth in a
Disposition and Development Agreement (California Bio-Mass, Inc.,
- Hardy)
(Community Development Commission)
A Resolution of the Community Development Commission of the
City of San Bernardino, approving the disposition of certain lands
by the Redevelopment Agency of the City of San Bernardino to
David L. Hardy and Michael J. Hardy on the terms set forth in a
Disposition and Development Agreement (California Bio-Mass, Inc.,
- Hardy)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions
be adopted.
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TO BE HEARD AT 2:00 P.M.
R32. Public hearing - re-programming of Community Development
Block Grant (CDBG) funds. (See Attached)
Resolution of the Mayor and Common Council, (1) approving and
authorizing the re-programming of Community Development Block
Grant (CDBG) funds in the amount of $532,977; (2) the
reallocation of CDBG Funds to the projects and programs
contained in Section 2 of this Staff Report; (3) Amendments to the
City's Five-Year Consolidated Plan (1995-2000) as provided herein
and (4) execution of a Standard CDBG Agreement with Community
Investment Corporation (CIC) ($250,000) and Small Business
Development Corporation (SBDC) ($20,000) by the Mayor, as
prepared and approved by the City Attorney.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
R33. A Resolution of the Community Development Commission of the
City of San Bernardino approving the form of a Capital Grant
Participation Agreement by and between the Redevelopment
Agency of the City of San Bernardino and Grow America Fund,
Inc., for the Grow San Bernardino Fund Program. (See Attached)
MOTION: That said resolution be adopted.
TO BE HEARD AT 2:00 P.M.
R34. Public hearing - California Statewide Communities Development
Authority request to issue Certificates of Participation - Catholic
Healthcare West and Catholic Healthcare West Southern
California. (See Attached) Wards 2 & 6
Resolution of the Mayor and Common Council of the City of San
Bernardino approving an installment purchase financing to be
undertaken by the California Statewide Communities Development
Authority to benefit Catholic Healthcare West, operator of
Community Hospital of San Bernardino and Catholic Healthcare
West of Southern California, operator of St. Bernardine Medical
Center.
(Item Continued on Next Page)
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R34. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
R35. Resolution of the Community Development Commission of the City
of San Bernardino, California, approving amendments to Exhibit
"A", Exhibit "B" and Exhibit "C" of the Personnel Policies and
Procedures for all employees of the City of San Bernardino
Economic Development Agency. (See Attached)
MOTION: That said resolution be adopted.
CONTINUED FROM OCTOBER 4, 1999
R36. 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 enter into
an exclusive right to negotiate agreement by and between the
Agency and Empire A/G Recreation, LLC. (Backup material was
distributed on October 4, 1999, Item No. R33.) Ward 3
MOTION: That said resolution be adopted.
R37. A Resolution of the Mayor and Common Council of the City of San
Bernardino approving San Bernardino International Airport
Authority Fiscal Year 1999-2000 second, third and fourth quarter
operating cost and capital expenditure loan agreement and
authorizing monthly payments to the San Bernardino International
Airport Authority pursuant thereto. (See Attached) Ward 1
MOTION: That said resolution be adopted.
38. 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.)
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39. Adjournment.
MOTION: That the meeting be adjourned to 10:00 a.m.,
Thursday, October 21, 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.
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