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HomeMy WebLinkAbout09-20-1999 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, SEPTEMBER 20, 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 11-12.) 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). 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. 1 9/20/1999 r 1. Continued. 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: Agency Negotiator: Ed Raya, Director of Human Resources Employee Negotiations: San Bernardino Public Employees Association - General Employees G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 2 9/20/1999 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments: A. Civil Service Board - Juanita H. Scott - Mayor Valles. (See Attached) MOTION: That the appointment of Juanita H. Scott to the Civil Service Board, as requested by Mayor Valles, 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 17, 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. 3 9/20/1999 6. Council Minutes. MOTION: That the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: May 17, 1999 (Delivered on 9/16/99) June 16, 1999 (Delivered on 9/16/99) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 31, 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 September 14, 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. Development Services 9. 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 providing that Thirty-sixth Street is a through highway from "E" Street to Waterman Avenue except at "D" Street, Arrowhead Avenue, Mountain View Avenue and Sierra Way. (See Attached) (Cost to the City -- $1,500 from the General Fund.) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. 10. Determination of Public Convenience or Necessity for a Type 41 Liquor License for the Parkway Hotel Restaurant located at 2000 West Ostrems Way in the CG-1 District. (See Attached) (No cost to the City.) Ward 6 (Item Continued on Next Page) 4 9/20/1999 10. Continued. MOTION: That the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 41 (On Sale Beer 8v Wine - Eating Place) License for the Parkway Hotel Restaurant located at 2000 West Ostrems Way, subject to the Planning Division and Police Department Conditions of Approval, listed in the staff report dated, June 24, 1999, from Michael E. Hays, Director of Development Services. 11. Resolution of the City of San Bernardino giving notice inviting competitive sealed and oral bids for the sale of certain City owned real property generally located at the northwest corner of Kendall Drive and University Parkway in said City and establishing a fair market value and minimum sale price for said property. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 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 Belleview Street, between Rancho Avenue and Pennsylvania Avenue and reserving public utility easements and an easement for egress and ingress. (See Attached) (No cost to the City -- $1,000 fee paid by petitioner.) Ward 3 MOTION #1: That Plan No. 9989A, depicting the proposed vacation of a portion of Belleview Street, between Rancho Avenue and Pennsylvania Avenue, as amended, be approved; and MOTION #2: That said resolution be adopted. 5 9/20/1999 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding contract to Holland Lowe Construction, Inc., for rehabilitation of pavement on Highland Avenue -- Route 259 to Waterman Avenue per Plan 9969. (See Attached) (Cost to the City -- $469,401.90 from the Y2 Cent Sales and Road Tax Fund.) Wards 2, 6 & 7 MOTION: That said resolution be adopted. Fire 14. Resolution of the City of San Bernardino authorizing: 1.) the award of a purchase order (upon the City securing financing) to Pierce Manufacturing for one (1) new, 1,500 GPM Triple Combination Pumper in the amount of $281,880; and 2.) the Purchasing Manager to solicit lease-purchase quotes under existing Master Lease Agreements and to award a lease purchase agreement to the lowest responsible lease company. (See Attached) (Cost to the City - Not to exceed $48,000 annually for eight years from CDBG Funds.) MOTION #1: That said resolution be adopted; and MOTION #2: That the Director of Finance be authorized to amend the FY 1999-2000 Budget to 1) increase the Fire Department's budget by $48,000 (001- 202-5803) to reflect the annual lease payment for this pumper; and 2) increase General Fund revenues by $48,000 (001-000-4670) to reflect the CDBG reimbursement to be received by the City. Human Resources 15. Authorizing the reporting of the value of employer-paid member contributions to CALPERS and implementing the provisions of Section 414(H) (2) of the Internal Revenue Code for local Fire & Police members. (See Attached) (No cost to the City.) A. Resolution of the City of San Bernardino implementing the provisions of Section 414 (H) (2) of the Internal Revenue Code for local Fire and Police members. (Resolution not available at time of printing.) (Item Continued on Next Page) 6 9/20/1999 15. Continued. B. Resolution of the City of San Bernardino expressing its intent to amend the contract between the Board of Administration of the Public Employees' Retirement System (PERS) and the City of San Bernardino to implement the provisions of Section 414 (H) (2) of the Internal Revenue Code. (Resolution not available at time of printing.) MOTION: That said resolutions A 8v B, be adopted. Parks, Recreation & Community Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute Amendment No. 1 to the Agreement with the San Bernardino City Unified School District relating to the delivery of Type A Lunches and Schedule B Snacks to City's Delmann Heights Headstart Center. (See Attached) (No cost to the City.) Ward 6 MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to administer federal grants to continue the Headstart/Preschool Program at Delmann Heights Community Center and to execute the agreements for delegation of activities with the County of San Bernardino Preschool Services Department. (See Attached) (Cost to the City -- $83,802 in In-Kind Services.) Ward 6 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 7 9/20/1999 PUBLIC HEARINGS Public hearings scheduled for a time certain 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. TO BE HEARD AT 10:00 A.M. Police 18. Public Hearing - to consider changes in the alarm fee for non- permitted uses. (See Attached) A resolution to amend Resolution 98-193 of the City of San Bernardino establishing 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 public hearing be continued to 10:00 a.m., on October 4, 1999. END PUBLIC HEARINGS STAFF REPORTS Fire 19. 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. FIRST READING MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS CONTINUED ITEMS City Attorney CONTINUED FROM SEPTEMBER 7, 1999 20. 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 and declaring the urgency thereof. (New Staff Report and Ordinance Attached) URGENCY (Backup material was distributed on September 7, 1999, Item No. 31.) MOTION: That said ordinance be adopted. 8 9/20/1999 CONTINUED FROM SEPTEMBER 7, 1999 21. 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. FIRST READING (New Staff Report and Ordinance Attached) (Backup material was distributed on September 7, 1999, Item No. 32.) MOTION: That said ordinance be laid over for final adoption. Development Services CONTINUED FROM SEPTEMBER 7. 1999 22. Report on study to close Broadmoor Boulevard at 30th Street. (See Attached New Staff Report) (Backup material was distributed on September 7, 1999, Item No. 34.) Ward 7 MOTION: That the request to close Broadmoor Boulevard at 30th Street, be denied. Facilities Management CONTINUED FROM SEPTEMBER 7, 1999 23. Resolution of the Mayor and Common Council of San Bernardino approving California Multiple Award Schedule Contract Number 3- 98-00-0226A and awarding contract to NEC BCS, Inc., for the purchase and installation of an automated call distribution system with related hardware and software. (See Attached Resolution) (Backup material was distributed on September 7, 1999, Item No. 20.) (Cost to the City -- $68,659) MOTION #1: That said resolution be adopted; and MOTION #2: That the Director of Finance be authorized to amend the FY 1999-2000 Budget (as outlined in the staff report) to reflect the $68,659 cost of the automated call distribution system in the Telephone Fund, and to reflect the reimbursement to be received from the using departments: Water Department ($44,248), the Refuse Division ($21,709) and Code Compliance ($2,702). 9 9/20/1999 Telecommunications CONTINUED FROM SEPTEMBER 7, 1999 24. A resolution of the Mayor and Common Council of the City of San Bernardino, California, approving the acceptance of a School to Career Grant funded by the federal government and administered through the State of California Employment Development Department, for the following project: A Cable Television Series utilizing high school and ROP students in all facets of production. (Backup material was distributed on September 7, 1999, Item No. 26.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS PLANNING ITEMS TO BE HEARD AT 11:00 A.M. 24A. 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 matter be continued to October 4, 1999. 10 9/20/1999 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, SEPTEMBER 20, 1999 — 2:00 P.M. PRESENT: ABSENT: R25. Resolution of the Community Development Commission of the City of San Bernardino accepting the Preliminary Plan for the 40th Street Redevelopment Project. (See Attached) (No cost to the Agency.) Ward 4 MOTION: That said resolution be adopted. TO BE HEARD AT 2:00 P.M. R26. Public Hearing - calling for the formation of a Project Area Committee for the 40f Street Redevelopment Project area. (See Attached) (No cost to the Agency.) Ward 4 Resolution of the Mayor and Common Council of the City of San Bernardino adopting procedures for the formation and election of a Project Area Committee for the proposed adoption of the Redevelopment Plan for the 40th Street Redevelopment Project Area and calling for the formation of a Project Area Committee. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. 11 9/20/1999 W W9 1111 i R27. Resolution of the Community Development Commission of the Redevelopment Agency of the City of San Bernardino approving Amendment No. 2 to San Bernardino Associated Government Agreement No. 93-009 (Loan of $800,000.00 to the Redevelopment Agency of the City of San Bernardino and Inland Valley Development Agency to prepare plans and specifications for certain major arterial streets) and authorizing the Executive Director to execute Amendment No. 2. (See Attached) MOTION: That said resolution be adopted. R28. Resolution of the Community Development Commission authorizing the Executive Director to execute a lease agreement with the National Orange Show pertaining to the lease of agency- owned property at Arrowhead Avenue and Orange Show Road in a form and content as prepared by Agency Special Counsel. (See Attached) (Resolution not available at time of printing. MOTION: That said resolution be adopted. 29. 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.) 30. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, October 4, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 12 9/20/1999 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. 13 9/20/1999