HomeMy WebLinkAbout07-06-1999 Jt. Reg Mtg Agenda ' r
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, JULY 611999 — 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
accommodations to include interpreters. (Community Development Commission
Items 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):
People of the State of California, et al. vs. William H. Cooper,
et al. - San Bernardino Superior Court Case No. SCV
49063.
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)
1 7/6/1999
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. 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.
Agency Negotiator:
Ed Raya, Director of Human Resources
Employee Organizations:
San Bernardino Public Employees Association - General
Employees
San Bernardino Public Employees Association - Middle
Management Employees
END OF CLOSED SESSION
2 7/6/1999
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
4. Announcements by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 16, 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
June 29, 1999, from Barbara Pachon, Director of
Finance, be approved.
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7. Personnel Actions. (See Attached)
MOTION: That the personnel actions as submitted by the Chief
Examiner, dated June 29, 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
8. Set luncheon workshop - Monday, November 15, 1999, at 12:00
p.m. in the Economic Development Agency Board Room -
presentation by Chancellor Raymond Orbach, University of
California, Riverside. (See Attached)
MOTION: That a luncheon workshop be set for Monday,
November 15, 1999, at 12:00 p.m., in the Economic
Development Agency Board Room to hear a
presentation by UCR Chancellor Raymond Orbach.
City Attorney
LAID OVER FROM JUNE 21, 1999
9. Ordinance of the City of San Bernardino adding Section IX.
Narcotics and Gang-Related Crime Eviction Program, Chapter 9.95
to Title 9 Public Peace, Morals and Welfare and establishing
regulations applicable to landlords renting property upon which
specified drug and/or gang related activities are occurring. (FINAL
READING) (Backup material was distributed on June 7, 1999,
Item No. 25; New backup distributed on June 21, 1999, Item
No. 33.)
MOTION: That said ordinance be adopted.
Civil Service
10. Authorize first amendments to agreements with Dr. Lawrence
Blum and Dr. Joseph Malancharuvil to conduct psychological
examinations for the Police Department. (See Attached) (Cost to
the City -- $44,000 from the General Fund.)
(Item Continued on Next Page)
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10. Continued.
A. Resolution of the City of San Bernardino authorizing the
execution of a first amendment to agreement with Dr.
Lawrence Blum to conduct psychological examinations for
the Police Department.
B. Resolution of the City of San Bernardino authorizing the
execution of a first amendment to agreement with Dr.
Joseph Malancharuvil to conduct psychological
examinations for the Police Department.
MOTION: That said resolutions A & B, be adopted.
Development Services
11. Resolution of the City of San Bernardino approving the Final Map
for Subdivision Tract No. 10302, located at the west side of Palm
Avenue, north and south of Piedmont Drive, 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)
(Resolution not available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
12. Authorization to proceed - formation of a landscape maintenance
assessment district in the Palm Avenue and Washington Avenue
Area (Tract No. 15743). (See Attached) (No cost to the City --
$4,000 fee to be paid by applicant.)
Ward 5
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
Palm Avenue and Washington Street area, within Tract
15743, to be known as Assessment District No. 1025.
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Finance
13. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with Rogers,
Anderson, Malody & Scott for financial audit services for the Fiscal
Year ended June 30, 1999. (See Attached) (Cost to the City - -
$38,225 from the General Fund.)
MOTION: That said resolution be adopted.
Fire
14. Resolution of the City of San Bernardino approving the destruction
of certain obsolete records by the San Bernardino City Fire
Department. (See Attached) (No cost to the City.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation and Community Services
15. Resolution of the City of San Bernardino authorizing the Mayor of
the City of San Bernardino to execute an agreement with the San
Bernardino City Unified School District relating to the delivery of
Type A lunches for the City's Year-Round Lunch Program. (See
Attached) (No cost to the City - Program funded through a
State grant to the San Bernardino City Unified School
District.)
MOTION: That said resolution be adopted.
Water
16. A Resolution of the Mayor and Common Council of the City of San
Bernardino, successor to the South San Bernardino County Water
District, assessing properties within the previous district
boundaries in the amount of $13,912.50 for the Fiscal Year
1999/2000. (See Attached) Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
6 7/6/1999
COMMITTEE CONSENT
Recommended for approval by the Legislative Review
Committee on June 28, 1999 - Council Members Present:
Estrada, Lien, and Schnetz
City Clerk
17. Request for proposed Charter Amendment relative to options for
municipal election dates. (See Attached) (Backup material was
distributed on June T, 1999, Item No. 24, and was continued
to June 21, 1999, Item No. 34.)
MOTION #1: That the City Attorney be directed to prepare for
the July 19, 1999 Mayor and Common Council
meeting a proposed Charter Amendment to be
placed on the November 2, 1999 ballot as set
forth in the proposed Charter Amendment
language contained in the attached staff report.
MOTION #2: That the City Clerk be directed to transmit a
copy of the proposed Charter Amendment to the
City Attorney for his preparation of an impartial
analysis of the measure.
PUBLIC HEARINGS
City Administrator
TO BE HEARD AT 10:00 A.M.
18. Public hearing - establishing certain fees for services furnished by
the City of San Bernardino. (Net revenue to the General Fund --
$201,100.) (Resolution not available at time of printing.)
A Resolution of the City of San Bernardino establishing certain fees
for services furnished by the City of San Bernardino.
Mayor to open the hearing . . .
MOTION: That the matter be continued to 10:00 a.m., Monday,
July 12, 1999 in the Council Chambers of City Hall.
7 7/6/1999
Development Services
TO BE HEARD AT 10:00 A.M.
19. Public hearing - a resolution authorizing the sale of city property -
north of Mill Street, east of the I-215 Freeway and west of "G"
Street. (See Attached) (Resolution not available at time of
printing.) Ward 3
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the sale of that certain real property
located north of Mill Street, east of the I-215 Freeway and west of
"G" Street to All Pro Broadcasting, Inc., and authorizing and
directing the execution of a Quitclaim Deed.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
END OF PUBLIC HEARINGS
STAFF REPORTS
Finance
20. Resolution of the City of San Bernardino approving and adopting
the final budget of said City for the Fiscal Year 1999-2000 and
establishing the appropriation limit for the Fiscal Year 1999-2000
for said City in accordance with the provisions of Division 9 of Title
1 of the California Government code, and repealing Resolution 98-
206. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Development Services
21. Authorize staff to initiate a General Plan Amendment to re-examine
the land use designation for the parcels along Victoria, "F", and "G"
Streets, between 6th and 71h Streets. (See Attached) (Cost to the
City -- $6,000 from the General Fund.) Ward 1
MOTION: That the Mayor and Common Council initiate a
General Plan Amendment to re-examine the land use
designation for the parcels along Victoria, "F", and "G"
Streets, between 6th and 7th Streets.
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Telecommunications
22. Resolution of the City of San Bernardino, California, separately
approving (1) the transfer of Cable Television Franchise to Century-
TCI California, L.P. and (2) the change in control of the managing
partner of Century - TCI California, L.P., and transfer to Adelphia
Communications Corporation. (See Attached)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
CONTINUED ITEMS
Development Services
CONTINUED FROM MAY 17, 1999
23. 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; was continued
to April 5, 1999, Item No. 27; and was continued to May 17,
1999, Item No. 26.)
MOTION: That the matter be continued to August 2, 1999 for
completion of the Environmental Review.
CONTINUED FROM JUNE 21, 1999
24. Ordinance of the City of San Bernardino amending and repealing
various Sections of Chapter 15.12 of the San Bernardino Municipal
Code relating to earthquake hazard reduction in existing buildings.
FIRST READING (Backup material was distributed on May 17,
1999, Item No. 23; item laid over for final adoption on June 7,
1999, Item No. 9; ordinance amended and laid over for final
adoption on June 21, 1999, Item No. 35.) (Note: New
Ordinance Title)
MOTION: That said ordinance be laid over for final adoption.
9 7/6/1999
Fire
CONTINUED FROM JUNE 21, 1999
25. Resolution of the City of San Bernardino approving a contract with
American Medical Response to enter into a 180-day pilot program
with the Fire Department to assess an improved paramedic first
responder program. (Backup material was distributed on April
19, 1999, Item No. 27; and was continued to May 17, 1999,
Item No. 29; continued to June 7, 1999, Item No 27;
continued to June 21, 1999, Item No. 37.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
CONTINUED FROM JUNE 23, 1999
26. Resolution of the Mayor and Common Council of the City of San
Bernardino approving a contract with San Bernardino County Fire
Department for fire service in the County unincorporated areas
located within the City of San Bernardino city limits. (See
Attached) (Item was discussed on June 23, 1999, Item No. 4,
and was continued to July 6, 1999.) (Anticipated revenue --
$250,000 in Fiscal Year 1999/2000.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
27. Determination of public convenience or necessity for a Type 41
Liquor License for Topp's Restaurant and Lounge located at 668
Fairway Drive. (See Attached) (No cost to the City.) Ward 3
MOTION: That the Mayor and Common Council determine that
the public convenience or necessity is served; and that
the Development Services Department be directed to
send a letter to the Department of Alcoholic Beverage
Control for a Type 41 (on-sale beer and wine and
eating place) Liquor License for Topp's Restaurant and
Lounge located at 669 Fairway Drive subject to the
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Planning Division and Police Department's conditions
of approval.
TO BE HEARD AT 11:00 A.M.
28. Appeal hearing - Izhak Kofman - loss of non-conforming status for
two 2-unit multi-family residential properties identified as 1091,
1091 1/2, 1097 W. 7th Street and 693 N. "L" Street - located within
the RS, Residential Suburban, land use district. (See Attached)
(No cost to the City.) Ward 1
Appellant/Owner: Izhak Kofman
5571 Thistle Street
San Bernardino, CA 92407
Location/Request: The appellant is appealing the loss of legal non-
conforming status for two, two-unit properties located at 1091,
1091 1/2, 1097 West 7th Street and 693 North "L" Street. The
properties are adjacent to each other and are located within the
RS, Residential Suburban, land use district. The appellant's
grounds for appeal are that the non-conforming use of the units
has not been totally discontinued and the legal non-conforming
status has not been lost.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and
Common Council deny the appeal.
END OF PLANNING ITEMS
11 7/6/1999
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
TUESDAY, JULY 611999 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R29. Public hearing - re-programming of Community Development
Block Grant (CDBG) funds. (See Attached) (Cost to the Agency -
- $1,177,420 in Community Development Block Grant Funds.)
All Wards
Resolution of the Mayor and Common Council approving and
authorizing (1) the re-programming of Community Development
Block Grant (CDBG) Funds in the amount of $1,177,420 (2)
Amendments to the City's Consolidated Annual Action Plan (1997-
2000) for the purposes contained in this staff report and (3)
execution of the standard CDBG agreement with Los Padrinos, and
amendments to the Easter Seal and Gents agreements 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.
TO BE HEARD AT 2:00 P.M.
R30. TEFRA hearing - authorization of the Housing Authority of the
County of San Bernardino to issue bonds on behalf of the San
Bernardino Mobile Home Park Corporation. (See Attached) (No
cost to the City.) Wards 2, 3 & 7
(Item Continued on Next Page)
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R30. Continued.
Resolution of the Mayor and Common Council of the City of San
Bernardino approving the issuance of Housing Authority of the
County of San Bernardino Multifamily Revenue Bonds (Mobile
Home Park Projects) Series 1999 .
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
R31. Resolution of the Community Development Commission of the City
of San Bernardino, California, approving an agreement with
Rogers, Anderson, Malody & Scott, LLP, for financial audit services
for the Fiscal Year ended June 30, 1999, and authorizing
execution thereof. (See Attached) (Cost to the Agency -- $34,000
from Tax Increment, Low-Moderate Housing Set-Aside Funds,
and Community Development Block Grant Funds.)
MOTION: That said resolution be adopted.
R32. Resolution of the Community Development Commission of the
Economic Development Agency of the City of San Bernardino
authorizing the Chairperson to execute a Redevelopment
Cooperation Agreement with the Inland Valley Development Agency
relating to transfer or delegation of redevelopment authority to the
Redevelopment Agency of the City of San Bernardino. (See
Attached) (No cost to the Agency.) Ward 3
MOTION: That said resolution be adopted.
R33. Resolution of the Mayor and Common Council approving and
authorizing the allocation of Emergency Shelter Grant (ESG) Funds
to Mary's Mercy Center, Inc., Option House, Inc., Salvation Army
and Frazee Community Center (the "Subrecipients") and execution
of the standard ESG agreement by the Mayor, with each
subrecipient, as prepared and approved by the City Attorney. (See
Attached) (No cost to the City/Agency -- $138,000 anticipated
from the 1999/2000 Emergency Shelter Grant.)
MOTION: That said resolution be adopted.
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R34. Resolution of the Mayor and Common Council approving and
authorizing the Mayor to execute the agreement by and between
the City and American Lodging to provide additional home grant
funds to complete the rehabilitation and resale of certain mobile
home units (1998-1999 HOME CHDO Funds). (See Attached)
(Cost to the Agency -- $52,900 from the 1998-99 HOME
CHDO.)
Wards 2 & 3
MOTION: That said resolution be adopted.
35. 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.)
36. Adjournment.
MOTION: That the meeting be adjourned to 10:00 a.m., Monday,
July 12, 1999, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
14 7/6/1999
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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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