HomeMy WebLinkAbout12-07-1998 Jt. Reg Mtg Agenda AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, DECEMBER 7, 1998 — 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.
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):
State of California ex rul. Stull vs. Bank of America NT&SA -
San Francisco Superior Court Case No. 068-484;
Lawrence Crain by and through Sharon McGill vs. City of
San Bernardino, et al. - United States District Court Case
No. CV 97-5227 SVW (CWx);
(Item Continued on Next Page)
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1. Continued.
City of San Bernardino Municipal Water Department vs. U.S.
Department of Defense (Army) - United States District Court
Case No. CV 96-5205 MRP (Jgx);
Manta Management Corp., vs. City of San Bernardino -
Court of Appeals Case No. E019635 (Superior Court Case
No. SCV 18157).
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation - pursuant to subdivision
(b) 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
publics' right of access to public services or public facilities -
pursuant to Government Code Section 54957.
F. 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:
A. Joseph V. Contaoi - Traffic Safety Advisory Committee -
Mayor Valles. (See Attached)
B. Alex Estrada - Traffic Safety Advisory Committee - Mayor
Valles. (See Attached)
MOTION: That the appointments of Joseph V. Contaoi and
Alex Estrada to the Traffic Safety Advisory
Committee, as requested by Mayor Valles, be
approved.
3. Presentations.
4. Announcements by Mayor and Common Council.
5. 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.)
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
6 through 14, be adopted except for ,
and
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6. 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.
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
November 25, 1998, 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 November 20, 1998, 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 Attorney/City Clerk
LAID OVER FROM NOVEMBER 23, 1998
9. An ordinance of the City of San Bernardino suspending Section
2.56.195 of the San Bernardino Municipal Code relating to election
voluntary expenditure ceiling. FINAL READING (Backup
material was distributed on November 23, 1998, Item No. 2.)
MOTION: That said ordinance be adopted.
City Clerk's Office
10. Resolution of the City of San Bernardino confirming cost of
abatements and imposing liens on certain parcels of real property
located within the City of San Bernardino for the costs of the
abatement of public nuisances. (Building Abatements) (See
Attached)
MOTION: That said resolution be adopted; and that the City
Clerk be directed to administratively remove any
properties from Exhibit "A" which have been paid.
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tow
Development Services
11. Resolution of the City of San Bernardino awarding a contract to
Malton Construction for construction of handicapped access ramps
- citywide - per Plan No. 9863. (See Attached) (Cost to the City -
$91,700 from the 'Ya Cent Sales and Road Tax Fund.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
12. Resolution of the City of San Bernardino providing authorization to
execute second amendment to the agreement for professional
services with National Plant Services, Inc., for sewer cleaning and
maintenance. (See Attached) (Cost to the City -- $150,000 from
the Sewer Line Maintenance Fund.) (Resolution not available
at time of printing.) All Wards
MOTION: That said resolution be adopted.
13. Item Deleted.
Water
14. Authorize filing of Amicus Curiae brief in matter of El Dorado
Irrigation District v. California Regional Water Quality Control
Board, et al. (See Attached) (No cost to the City.)
MOTION: That the City Attorney be authorized to file an amicus
curiae brief in the matter of El Dorado Irrigation
District v. California Regional Water Quality Control
Board, et al., Sacramento County Superior Court Case
No. 98CS02533.
END OF CONSENT CALENDAR
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COMMITTEE CONSENT CALENDAR
Recommended for approval by the Personnel Committee on
November 23, 1998 - Council Members present: Lien and
Anderson
Human Resources
15. Reorganization of the Management Information Services Division.
(See Attached) (Cost to the City - $47,400 for balance of FY
1998/99.)
MOTION #1: That one (1) position of Communications
Technician, Range 3361, ($2,687-
$3,266/month, be established; and
MOTION #2: That the salary range for the Programmer
Analyst from Range 3439, $3,965-
$4,819/month be adjusted to Range 3349,
$4,167-$5,065/month; and
MOTION #3: That one (1) position of Programmer-Public
Safety, Range 3383, $2,998-$3,645/month, be
established; and
MOTION #4: That the Department of Human Resources be
directed to update Resolution 97-352 and
amend Resolution 6413, Section 5.5, to reflect
this particular action; and
MOTION #5: That the Director of Finance be authorized to
amend the FY 1998/99 revenue and expenditure
budget to reflect the transfer of $24,000 from
the Police Evidence Impound Account to fund a
Programmer as outlined in the staff report dated
November 18, 1998, from Edward S. Raya,
Director of Human Resources.
16. Police Records Transcriber salary upgrade. (See Attached) (Cost
to the City -- $4,000 in Year One.)
(Item Continued on Next Page)
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16. Continued.
MOTION #1: That the following five step salary range for
Police Records Transcriber be adopted: $11.00;
$11.55; $12.13; $12.71; $13.37/hour; and
MOTION #2: That the hourly salary of all current City of San
Bernardino Police Records Transcribers be
increased to $11.00/hour; and
MOTION #3: That the Department of Human Resources be
directed to update Resolution 6413, Section 13,
to reflect this particular action.
END OF COMMITTEE CONSENT CALENDAR
PUBLIC HEARINGS
Public hearings scheduled for a certain time 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.
City Clerk's Office
TO BE HEARD AT 10:00 A.M.
17. Public hearing - resolution of the City of San Bernardino imposing
liens on certain parcels of real property located within the City of
San Bernardino for unpaid Transient Lodging Taxes. (See
Attached)
Resolution of the City of San Bernardino imposing liens on certain
parcels of real property located within the City of San Bernardino
for unpaid Transient Lodging Taxes.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the City Clerk be
directed to administratively remove any properties
from Exhibit "A" which have been paid prior to the
hearing; and that said resolution be adopted.
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Development Services
TO BE HEARD AT 10:00 A.M.
18. Public hearing - establishment of Inland Center Drive and
Riverwalk Drive Area Landscape and Sewer Lift Station
Maintenance Assessment District (AD 1024). (See Attached) (No
cost to the City -- $4,000 cost paid by petitioner.) Ward 3
Resolution of the City of San Bernardino finding and determining
the existence of less than a majority protest, that ballots
representing affirmative votes greater than in opposition to the
proposed assessment have been received and that the public
convenience and necessity require the maintenance of landscaping
and a sewer lift station in the area of Inland Center Drive and
Riverwalk Drive, approving the final Engineer's Report, creating an
assessment district to cover the costs of said maintenance , known
as Assessment District No. 1024, ordering the work, confirming the
1999-2000 Assessment Roll, and determining that the Special
Assessment, Investigation and Limitation Act of 1931 shall not
apply. (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION #1: That the hearing relative to the determination of
ballots and/or protests filed, relative to the
formation of the Inland Center Drive and
Riverwalk Drive Area Landscape and a Sewer Lift
Station Maintenance Assessment District (AD
1024 - Tract No. 14706, be closed; and
MOTION #2: That said resolution be adopted.
Police
TO BE HEARD AT 10:00 A.M.
19. Appeal hearing - denial of dine and dance/live entertainment
permit - Scott Mann, Baja Broiler, 245 E. Redlands Boulevard.
(See Attached) Ward 3
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; and that the decision
of the Chief of Police for denial of the dine and
dance/live entertainment permit requested by
Scott Mann, owner of the Baja Broiler located at
245 E. Redlands Boulevard, be upheld; or
(Item Continued on Next Page)
8 12/7/1998
19. Continued.
MOTION #2: That the hearing be closed; and that the dine
and dance/live entertainment permit requested
by Scott Mann, owner of the Baja Broiler located
at 245 E. Redlands Boulevard, be approved with
the conditions stipulated in the attached Staff
Report dated December 1, 1998, from Lee Dean,
Chief of Police.
END PUBLIC HEARINGS
STAFF REPORTS
City Clerk's Office
20. Resolution of the City of San Bernardino amending Resolution 97-
23 entitled in part "Resolution . . . amending Conflict of Interest
Code . . .", by amending Appendix A to add, delete and change the
titles of various positions within departments of the City which
must file Conflict of Interest Statements. (See Attached) (No cost
to the City.)
MOTION: That said resolution be adopted.
Development Services
21. Resolution of the Mayor and Common Council of the City of San
Bernardino adopting the 1997/98 to 2001/02 Capital
Improvement Program. (See Attached) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
22. Authorization to transfer funds and begin design for construction
of traffic signal at Waterman Avenue and 28th Street. (See
Attached) Ward 7
MOTION #1: That the Director of Development Services be
authorized to begin design work and
construction of signal improvements at
Waterman Avenue and 28th Street; and
(Item Continued on Next Page)
9 12/7/1998
22. Continued.
MOTION #2: That the Director of Finance be authorized to
amend FY 1998/99 budget and transfer $60,000
from the Traffic Systems Construction Fund's
project for system-wide upgrades and
improvements (Account 250-370-5504-7146) to
fund the design and construction of traffic signal
improvements at Waterman Avenue and 28th
Street.
Fire
23. Resolution of the City of San Bernardino awarding a purchase
order to Pierce Manufacturing Company, Inc., for the purchase and
delivery of three (3) 4 X 4 Type III Wildland Engines, to be utilized
by the Fire Department of the City of San Bernardino in
accordance with Bid Specification F99-23. (See Attached) (Cost
to the City -- $536,837 from the General Fund; to be
reimbursed by CDBG Funds.) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
24. 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) (Resolution not available at time of printing.)
MOTION#1: That said resolution be adopted.
MOTION #2: That the Director of Finance be authorized to
amend the Fiscal Year 1998/99 budget to: 1)
increase budgeted General Fund revenues by
$100,000 to reflect the fee to be received from
the County for providing fire protection and
paramedic services (Acct. #001-000-4702 Fire
Service Contracts); and 2) increase the Police
Department's budget by $3,000 to cover the cost
of updating the 911 system to include the
County islands (Acct. #001-221-5015).
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Police
25. Amendment of Chapter 8.81 and Resolution 98-193, expenditure
of funds for automation of alarm fee collection and an additional
Public Safety Programmer position. (See Attached) (Cost to the
City -- $23,912 from the General Fund.)
Ordinance of the Mayor and Common Council of the City of San
Bernardino amending Sections 8.81.070(B), 8.81.100, 8.81.110(A)
and 8.81.120; adding Subsection (L) to Section 8.81.020 and
Subsections (C), (D) and (E) to Section 8.81.110; and repealing
Section 8.81.090 relating to City security alarm systems. FIRST
READING (Ordinance not available at time of printing.)
Resolution of the Mayor and Common Council of the City of San
Bernardino amending Section 3 of Resolution No. 98-193 relating
to certain fees for services furnished by the City of San Bernardino.
(Resolution not available at time of printing.)
MOTION #1: That said ordinance be laid over for final
adoption; and that said resolution be adopted;
and
MOTION #2: That the Director of Finance be authorized to
amend the FY 1998/99 revenue and expenditure
budget to reflect the transfer of $23,900 from
the Police Evidence Impound account to
purchase Records Management software for the
alarm ordinance program.
Public Services
26. Resolution of the City of San Bernardino awarding a purchase
order for three commercial front load refuse collection trucks to
McNeilus Truck and Manufacturing Company of Colton, California
in accordance with Bid Specification F-99-22, to be utilized by the
Public Services Department. (See Attached) (Cost to the City --
$476,165.45 from the Refuse Fund.) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
11 12/7/1998
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PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
27. Public hearing - General Plan Amendment No. 98-04, Development
Permit III No. 98-11 and Variance No. 98-13 - to amend the
General Plan designation from Commercial General (CG-1), to
Residential Urban (RU-1) - to allow expansion of an existing mobile
home park and a variance for perimeter wall height on the south
side of Highland Avenue. (See Attached) (No cost to the City.)
Ward 4
Resolution of the City of San Bernardino adopting General Plan
Amendment No. 98-04 to the General Plan of the City of San
Bernardino, to amend the General Plan Land Use Designation from
CG-1, Commercial General, to RU-1, Residential Urban, for 3.66
acres located on the south side of Highland Avenue 636 feet east of
Palm Avenue.
Owner/Applicant: Jack Duckworth, et al
3850 E. Atlantic Avenue, Sp. 39
Highland CA 92346
Request/Location: The applicant requests to amend General Plan
Land Use Map from the CG-1, Commercial General designation to
the RU-1, Residential Urban designation to allow for the expansion
of an existing mobile home park (Valencia Lea) with 27 new mobile
home spaces. The applicant also requests a variance to increase
the height of the proposed and existing perimeter block wall from 6
feet to 8 feet along Highland Avenue.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and
Common Council adopt the resolution which approves
General Plan Amendment No. 98-04; and approve
Development Permit III No. 98-11 and Variance No.
98-13, based on the Findings of Fact, subject to the
Conditions of Approval and Standard Requirements as
listed in the Staff Report dated November 10, 1998,
from Michael E. Hays, Director of Development
Services.
END OF PLANNING ITEMS
12 12/7/1998
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOMENT COMMISSION
MONDAY, DECEMBER 7, 1998 - 2:00 P.M.
PRESENT:
ABSENT:
R28. Authorize six-month extension to the term of the agreement with
American Lodging, a Community Housing Development
Organization. (See Attached) (Cost to the Agency -- $12,000
from Federal HOME Funds) All Wards
MOTION: That the Community Development Commission
authorize a six-month extension of the term of the
agreement with American Lodging, a Community
Housing Development Organization.
R29. Resolution of the Community Development Commission of the City
of San Bernardino, on behalf of the Economic Development Agency
of the City of San Bernardino, amending Resolution No. 4420 (as
amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424
and 5507) entitled, in part, "Resolution . . . adopting a Conflict of
Interest Code . . .," by amending Appendix A to add, delete and
change the titles of various positions within the Economic
Development Agency of the City of San Bernardino which must file
Conflict of Interest Statements. (See Attached)
MOTION: That said resolution be adopted.
R30. Approve Agency funding level for Convention and Visitors Bureau,
and approve reduction of office rent by 50%. (See Attached)
(Cost to the Agency -- $250,000 from Tax Increment Funds.)
(Item Continued on Next Page)
13 12/7/1998
R30. Continued.
MOTION: That the Community Development Commission
approve an Agency funding level of $250,000 for the
Convention and Visitors Bureau's Fiscal Year 1998/99
budget; and that the Convention and Visitors Bureau's
office rent be reduced by $13,500 for the Fiscal Year
1998/99.
R31. Purchase property - 571 Magnolia Avenue - KMH Associates, Inc.,
- Acquisition, Rehabilitation and Resale Program. (See Attached)
MOTION: That the Community Development Commission
authorize the Economic Development Agency to
negotiate the purchase of the property located at 571
Magnolia Avenue, in connection with the Agency
guarantee under the Mortgage Lenders Acceptance
Corporation and KMH Associates, Inc., Housing
Participation Agreement (Acquisition, Rehabilitation
and Resale Program).
32. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, December 21, 1998, in the Council Chambers of City
Hall, 300 North -D" Street, San Bernardino, California.
14 12/7/1998
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 beginning 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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