HomeMy WebLinkAbout10-04-1999 Jt. Reg Mtg Agenda ! 1
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, OCTOBER 4, 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 Page 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):
Everett J. Wilson, Jr., Deceased, Juanita J. Wilson vs. City of San
Bernardino - Workers' Compensation Case No. SBR 0264564;
Patricia Angiollilo vs. Mobile Home Board - San Bernardino
Superior Court Case No. SCV 51401;
State of California, et al. ex rel. vs. Bank of America - San
Francisco Superior Court Case No. 968484.
(Item Continued on Next Page)
1 10/4/1999
1. Continued.
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 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.
Property Address: 303 West 3rd Street
Negotiating Parties: Gary Van Osdel on behalf of the Economic
Development Agency and J. Kevin Brunk
of 303 West 3rd LLC.
Under Negotiations: Purchase terms and conditions
END OF CLOSED SESSION
2 10/4/1999
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments:
CONTINUED FROM SEPTEMBER 20, 1999
A. Civil Service Board - Juanita H. Scott- Mayor Valles. (Backup material
was distributed on September 20, 1999, Item No. 2A.)
MOTION: That the appointment of Juanita H. Scott to the Civil Service
Board, as requested by Mayor Valles, be approved.
3. Presentations.
4. Announcements by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
21, 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.
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: August 16, 1999 (Distributed on
9/28/99)
3 10/4/1999
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated September 20,
1999, from Barbara Pachon, Director of Finance, be
approved.
8. Personnel Actions. (See Attached)
MOTION: That the personnel action lists as submitted by the Chief
Examiner, dated September 29, 1999, and the Economic
Development Agency, dated September 27, 1999, in
accordance with Civil Service rules and Personnel policies
adopted by the Mayor and Common Council of the City of
San Bernardino, and the Personnel polices and procedures
adopted by the Economic Development Agency, be approved
and ratified.
Development Services
9. Approve plans and authorize advertisement for bids - Phase VIII Slurry
Seal, per Plan No. 9996. (See Attached) (Cost to the City -- $550,000
from the Gas Tax Fund.) Ward 2
MOTION: That the Mayor and Common Council approve Plan No. 9996
for slurry sealing of various streets, Phase VIII, Areas "F",
"G", and "M"; and that the Director of Development Services
be authorized to advertise for bids.
10. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding contract to New West Signal for installation of a
traffic signal at the intersection of Richardson Street and San Bernardino
Avenue per Plan No. 9938. (See Attached) (Cost to the City --
$148,823 from the Traffic Systems Construction Fund & Ya Cent
Sales and Road Tax Fund.) Ward 1
MOTION #1: That said resolution be adopted; and
MOTION #2: That the Director of Finance be authorized to amend
the FY 1999-2000 budget and appropriate $33,000
from undesignated fund balance in Fund 129 (1/2
Cent Sales Tax) to cover the cost of sidewalk
construction for this project.
4 10/4/1999
11. Authorize transfer of $30,000 to fund the cost of increased bid quantity,
and authorize execution of Contract Change Orders, No. 2 and No. 6 -
widening of Kendall Drive Bridge at Cable Creek Channel per Plan No.
9728, Bonadiman-McCain, Inc. (See Attached) (Cost to the City --
$30,000 from the Ya Cent Sales and Road Tax Fund.) Ward 5
MOTION #1: That the transfer of $30,000 from Account No. 129-
367-5504-7154 (Pavement rehabilitation - Northpark
Boulevard, University Parkway to Little Mountain
Drive) to Account No. 129-367-5504-7068 (Widening of
Kendall Drive Bridge at Cable Creek Channel), be
approved; and
MOTION #2: That Contract Change Order Nos. 2 and 6 to the
contract with Bonadiman-McCain, Inc., for placement
of an additional 320 cubic yards of structural backfill
material, and compensation for unsuitable soils
discovered on site, for a total cost of $21,422.50;
increasing the contract price from $364,677.31 to
$386,099.81, be approved.
12. Authorize Director of Finance to transfer funds for the design and
modification of the existing traffic signal at the intersection of California
Street and Base Line Street. (See Attached) (Cost to the City --
$85,900 from the Y2 Cent Sales and Road Tax Fund.) Ward 6
MOTION: That the Director of Finance be authorized to transfer
$85,900 from Account No. 129-367-5504-7060 (State Street
from 9th to Base Line - grade, pave and install traffic signal)
to (Account No. 129-367-5504-7182) to fund modification of
the existing traffic signal at the intersection of California
Street and Base Line Street.
13. Resolution of the City of San Bernardino adopting the Five-Year Capital
Improvement Program (1999-04) for Measure "I" local expenditures. (See
Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
5 10/4/1999
Human Resources
14. Authorize establishment of salaries for Fire Department Ranges P-1, P-2,
P-3, & P-4, effective August 1, 1999. (See Attached) (Cost to the City --
$486,800 from the General Fund.)
MOTION #1: That the salaries for Fire Department Ranges P-1
(Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire
Engineer), P-4 (Fire Investigator and Captain) be
established, effective August 1, 1999, as outlined in
the attached staff report, dated September 24, 1999,
from Ed Raya, Director of Human Resources; and
MOTION #2: That the Human Resources Department prepare an
amendment to Resolution No. 6429; and
MOTION #3: That the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 1999-
2000 budget to transfer $486,800 from the General
Government budget (001-092-5011) to the Fire
Department budget in the General Fund.
15. Authorize establishment of salaries for Fire Department Ranges P-5, P-6
& P-7, Fire Marshal and Training Officer, effective August 1, 1999. (See
Attached) (Cost to the City -- $63,200 from the General Fund.)
MOTION #1: That the salaries for Fire Department Ranges P-5
(Battalion Chief), P-6 (Deputy Fire Chief), P-7 (Fire
Chief), Fire Marshal and Training Officer be
established, effective August 1, 1999, as outlined in
the attached staff report dated September 24, 1999,
from Ed Raya, Director of Human Resources; and
MOTION #2: That the Human Resources Department prepare an
amendment to Resolution No. 6429; and
MOTION #3: That the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 1999-
2000 budget to transfer $63,200 from the General
Government budget (001-092-5011) to the Fire
Department budget in the General Fund.
6 10/4/1999
16. Authorize establishment of salaries for Police Department Ranges P-1, P-
2, P-3 & Law Enforcement Trainee, effective August 1, 1999. (See
Attached) (Cost to the City -- $820,713 [$755,141 from the General
Fund, and $65,572 from Grant Funds].)
MOTION #1: That the salaries for Police Department Ranges P-1
(Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant)
and Law Enforcement Trainee be established, effective
August 1, 1999, as outlined in the attached staff
report, dated September 16, 1999, from Ed Raya,
Director of Human Resources; and
MOTION #2: That the Human Resources Department prepare an
amendment to Resolution No. 6429; and
MOTION #3: That the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 1999-
2000 budget to transfer $755,100 from the General
Government budget (001-092-5011) to the Police
Department budget in the General Fund.
17. Authorize establishment of salaries for Police Department Ranges P-4, P-
5, P-6 8a P-7, effective August 1, 1999. (See Attached) (Cost to the City
-- $73,200 from the General Fund.)
MOTION #1: That the salaries for Police Department Ranges P-4
(Police Lieutenant), P-5 (Police Captain), P-6 (Assistant
Chief of Police) and P-7 (Chief of Police) be established
effective August 1, 1999, as outlined in the attached
staff report dated September 16, 1999, from Ed Raya,
Director of Human Resources; and
MOTION #2: That the Human Resources Department prepare an
amendment to Resolution No. 6429; and
MOTION #3: That the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 1999-
2000 budget to transfer $73,200 from General
Government budget (001-092-5011) to the Police
Department budget in the General Fund.
7 10/4/1999
Police
18. Resolution of the City of San Bernardino authorizing the Mayor to submit
an application to accept Fiscal Year 1999/00 Local Law Enforcement
Block Grant (LLEBG) program award from the U. S. Department of
Justice Bureau of Justice Assistance (BJA) on behalf of the Police
Department for law enforcement support expenditures. Acceptance is
contingent upon the availability of funding for the required 10% cash
match. (See Attached) (No cost to the City -- $96,170 cash match
from FY 1999/00 Citizen's Option Grant Funds.) (Resolution not
available at time of printing.)
NOTE: The resolution sets a public hearing for 10:00 a.m., Monday, November
1, 1999.
MOTION: That said resolution be adopted.
19. Set public hearing - Monday, November 1, 1999, at 10:00 a.m. - for the
1999 Citizens' Option for Public Safety (COPS) grant. (See Attached)
MOTION: That the Mayor and Common Council set a public hearing
for 10:00 a.m., on Monday, November 1, 1999, to ratify the
expenditure of the awarded Citizens' Option for Public Safety
(COPS) 1999 funding.
Telecommunications
20. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the internal restructuring of Comcast Cablevision.
(See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Water
21. Resolution of the Mayor and Common Council of the City of San
Bernardino accepting a grant deed from Charles W. Jenkins and Betty J.
Jenkins for property located at 1335 Garner Avenue, San Bernardino,
and dedicating the property for Water Department use. (See Attached)
(No cost to the City -- $50,000 cost to acquire sites will be
reimbursed to the Water Department by the United States
Environmental Protection Agency.) (Resolution not available at
time of printing.) Ward 6
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
8 10/4/1999
PUBLIC HEARINGS
Police
TO BE HEARD AT 10:00 A.M.
CONTINUED FROM SEPTEMBER 20, 1999
22. Public hearing - to consider changes in the alarm fee for non-permitted
uses. (See Attached) (Backup material was distributed on September
20, 1999, Item No. 18.)
A resolution of the City of San Bernardino amending Resolution No.
1999-173 to establish certain fees for services furnished by the City of
San Bernardino to include invoicing non-permitted alarm users for all
false alarm events. (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
END PUBLIC HEARINGS
STAFF REPORTS
City Administrator
23. Semi-annual update of the City's Goals and Action Plans. (See Attached)
(No cost to the City.)
MOTION: That the Semi-Annual Update of the City's Goals and Action
Plans be received and filed.
24. Results of the City's Business Climate Survey. (See Attached) (No cost
to the City.)
MOTION: That the results of the City's Business Climate Survey be
received and filed.
9 10/4/1999
City Attorney
LAID OVER FROM SEPTEMBER 20, 1999
25. Ordinance of the City of San Bernardino amending Section 5.14.120 of
the San Bernardino Municipal Code relating to appeals involving
entertainment-dances and adult entertainment. FINAL READING
(Backup material was distributed on September 20, 1999, Item No.
21; was continued from September 7, 1999, Item No. 32.)
MOTION: That said ordinance be adopted.
Facilities Management
26. Resolution of the Mayor and Common Council of San Bernardino
amending Resolution 1999-210 to allow 120 days for execution of the
agreement with the City of Inglewood for parking citation processing
services. (See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Fire
LAID OVER FROM SEPTEMBER 20, 1999
27. An ordinance of the City of San Bernardino amending Chapter 8.60 and
Chapter 8.63 of the San Bernardino Municipal Code relating to
Millennium Celebration fireworks. FINAL READING (Backup material
was distributed on September 20, 1999, Item No. 19.)
MOTION: That said ordinance be adopted.
28. 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 service to their tribal lands. (See
Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
10 10/4/1999
CONTINUED ITEMS
Development Services
CONTINUED FROM SEPTEMBER 7, 1999
29. Authorize staff to proceed with proposed vacation of a portion of Pumalo
Street, east of Del Rosa Avenue and approve Plan No. 9992. (See
Attached New Staff Report) (Backup material was distributed on
August 16, 1999, Item No. 14; and was continued to September 7,
1999, Item No. 36.) 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 Pumalo Street, east of Del Rosa Avenue; and
MOTION #2: That Plan No. 9991 showing the proposed vacation of a
portion of Pumalo Street, east of Del Rosa Avenue, be
approved.
END OF CONTINUED ITEMS
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
CONTINUED FROM SEPTEMBER 7, 1999
30. Appeal hearing - Conditional Use Permit No. 99-07 - modification of CUP
No. 97-17 - located at 206 South "D" Street - Allen Property. (Backup
material was distributed on September 7, 1999, Item No. 37.)
Applicant: Michael &, Brenda Allen
Request/Location: The applicant requests a modification to Conditional
Use Permit No. 97-17 to construct a one-way, 15-foot wide driveway in
place of a two-way, 24-foot driveway for access to Athol Street. The site
is located at the southwest corner of Athol Street and "D" Street in the
IL, Industrial Light, land use district.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council deny the appeal.
11 10/4/1999
City Attorney
TO BE HEARD AT 11:00 A.M.
CONTINUED FROM SEPTEMBER 20, 1999
31. Public hearing - an ordinance amending the San Bernardino Municipal
Code relating to adult businesses.
An 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. FIRST READING (Ordinance not
available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance be laid
over for final adoption.
32. Luncheon workshop - 12:00 noon - MIC Room, 6th Floor, City Hall --
proposed San Bernardino Stadium Sports Park.
END OF PLANNING ITEMS
12 10/4/1999
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, OCTOBER 4, 1999 — 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R33. 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. (See Attached) (Resolution not available at time of
printing.) Ward 3
MOTION: That said resolution be adopted.
R34. Approval of the City's Utility Rebate Program - Low/Moderate Income
Housing Fund. (See Attached)
MOTION: That the Community Development Commission approve an
appropriation of $65,000 from the Agency's Housing Fund to
assist very low income households with certain housing
costs under the City's Utility Rebate Program.
R35. A Resolution of the Community Development Commission of the City of
San Bernardino awarding a public works contract of the Redevelopment
Agency of the City of San Bernardino for the construction and
installation of the CinemaStar public street and Public Parking Lot No. 1
improvements. (See Attached) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
13 10/4/1999
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, October 18, 1999, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
14 10/4/1999
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 10/4/1999