HomeMy WebLinkAbout09-21-1998 Jt. Reg Mtg Agenda AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, SEPTEMBER 21, 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. (Community Development Commission items
are on pages 12 & 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).
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.
(Item Continued on Next Page)
1 9/21/1998
1. Continued.
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.
END OF CLOSED SESSION
2 9/21/1998
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Human Relations Commission - Kimberly Jackson (Youth
Appointee) - Mayor Valles.
MOTION: That the youth appointment of Kimberly
Jackson to the Human Relations Commission,
as requested by Mayor Valles, be approved.
3. Presentations.
A. Service Pin Awards Ceremony.
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 20, 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
September 16, 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 September 11, 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's Office
LAID OVER FROM SEPTEMBER 8, 1998
9. An ordinance of the City of San Bernardino amending Section
8.30.140 of the San Bernardino Municipal Code relating to
alternate methods of enforcement. FINAL READING. (Backup
material was distributed on September 8, 1998, Item No. 22.)
MOTION: That said ordinance be adopted.
LAID OVER FROM SEPTEMBER 8, 1998
10. An ordinance of the City of San Bernardino amending Section
15.24.060 of the San Bernardino Municipal Code relating to
enforcement-penalty. FINAL READING. (Backup material was
distributed on September 8, 1998, Item No. 23.)
MOTION: That said ordinance be adopted.
4 9/21/1998
LAID OVER FROM SEPTEMBER 8, 1998
11. An ordinance of the City of San Bernardino amending Section
2.40.050 of the San Bernardino Municipal Code relating to powers
of the Mayor. FINAL READING. (Backup material was
distributed on September 8, 1998, Item No. 24.)
MOTION: That said ordinance be adopted.
LAID OVER FROM SEPTEMBER 8, 1998
12. An ordinance of the City of San Bernardino amending San
Bernardino Municipal Code Section 5.42.040 relating to the
annual Citrus Fair. FINAL READING. (Backup material was
distributed on September 8, 1998, Item No. 25.)
MOTION: That said ordinance be adopted.
Development Services
LAID OVER FROM SEPTEMBER 14, 1998
13. Ordinance of the Mayor and Common Council of the City of San
Bernardino amending Chapter 10.52 of the San Bernardino
Municipal Code establishing a forty-five mile per hour speed limit
on Del Rosa Avenue between Marshall Boulevard and Thirty-Ninth
Street. FINAL READING (Backup material was distributed on
September 8, 1998, Item No. 28; and was continued to
September 14, 1998, Item No. 3.)
MOTION: That said ordinance be adopted.
14. Approve plans and authorize advertisement for bids - installation
of handicap ramps in various locations per Plan No. 9863. (See
Attached) (Cost to the City -- $100,000 [$50,000 from the Gas
Tax Fund and $50,000 from the Va Cent Sales and Road Tax
Fund.)
MOTION: That the plans be approved for construction of
handicap ramps at various locations in accordance
with Plan No. 9863; and that the Director of
Development Services be authorized to advertise for
bids
5 9/21/1998
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15. Approve plans and authorize advertisement for bids - pavement
rehabilitation by slurry seal method, Phase VI, between 511, Street
and Baseline Street, and between I-215 and Lytle Creek, per Plan
No. 9869. (See Attached) (Cost to the City -- $550,000 from the
Y' Cent Sales and Road Tax Fund.) Wards 1, 3 & 6
MOTION: That the plans for rehabilitation of pavement by slurry
seal method for streets between 5th Street and Baseline
Street, from I-215 to Lytle Creek, per Plan No. 9869 be
approved; and that the Director of Development
Services be authorized to advertise for bids
16. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Director of Development Services to
execute a Streambed Alteration Agreement with the State
Department of Fish and Game relating to widening of the Kendall
Drive bridge over Cable Creek. (See Attached) (No cost to the
City.) Ward 3
MOTION: That said resolution be adopted.
17. Authorize application to the Local Agency Formation Commission
for sewer services outside City boundaries - 1128 W. 48th Street.
(See Attached) (No cost to the City.)
MOTION: That the Mayor of the City of San Bernardino be
authorized to execute a letter making application to
the Local Agency Formation Commission for the
extension of sewer services by contract for the property
located at 1128 W. 48th Street, within an
unincorporated area of San Bernardino County; and
that the Mayor be authorized to execute an irrevocable
agreement to Annex No. 98-1, upon approval of said
application by the Local Agency Formation
Commission.
Parks, Recreation and Community Services
18. Resolution of the City of San Bernardino authorizing the Director
of Parks, Recreation and Community Services Department to
execute an 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.)
(Item Continued on Next Page)
6 9/21/1998
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18. Continued.
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Director of Parks, Recreation and
Community Services Department to make application for and
accept grants from the San Bernardino City Unified School District
for after-school recreation programs at school district sites. (No
cost to the City.)
MOTION: That said resolution be adopted.
20. Resolution authorizing the Director of Parks, Recreation and
Community Services Department to execute an agreement with the
Center of Health Resources Purchase Connection, Group
Purchasing, dietary program for raw food products for the City's
Senior Nutrition Program. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT CALENDAR
Recommended for approval by the Legislative Review
Committee on September 14, 1998 - Council Members Present:
Estrada, Lien and Schnetz
City Administrator's Office
21. Shopping Cart Ordinance. (See Attached)
MOTION: That the City Attorney be authorized to finalize the
abandoned shopping cart ordinance and bring it back
for consideration by the Mayor and Common Council.
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Council Office
22. Vendor Cart Ordinance. (See Attached)
MOTION: That the City Attorney be directed to prepare an
ordinance to be brought back to the Mayor and
Common Council.
END OF COMMITTEE CONSENT CALENDAR
STAFF REPORTS
City Administrator's Office
23. Approve Neighborhood Improvement Target areas. (See Attached)
MOTION: That the Neighborhood Initiative Target area proposal
as outlined in the attached staff report dated
September 15, 1998, from Fred Wilson, City
Administrator, be approved in concept.
City Attorney's Office
24. An ordinance of the City of San Bernardino amending Chapter
8.27 of the San Bernardino Municipal Code authorizing the Code
Compliance Director to conduct annual weed abatements and
recover costs. FIRST READING (See Attached)
MOTION: That said ordinance be laid over for final adoption.
25. Request to join in on amicus brief in support of the City of Long
Beach, Ninth Circuit Court of Appeals No. 98-55915. (See
Attached)
MOTION: That the City Attorney be authorized to join an amicus
brief in support of the City of Long Beach.
8 9/21/1998
Development Services
26. Approve Contract Change Order No. 15 with MCM Construction,
Inc., to provide proper drainage on the north side of Amos Street
and at the east side of the BNSF railroad tracks where they
intersect at Orange Show Road, for the Orange Show Road
extension from Arrowhead Avenue to Tippecanoe Avenue, per Plan
No. 9142. (See Attached) (Cost to the City -- $8,598 from the
Street Construction Fund.) Wards 1 & 3
MOTION: That the Mayor and Common Council approve
Contract Change Order No. 15 to the contract with
MCM Construction, Inc., for the extension of Orange
Show Road from Arrowhead Avenue to Tippecanoe
Avenue for the installation of two additional catch
basins, a flared inlet drain, and 179 lineal feet of 12-
inch corrugated metal pipe to provide proper drainage
on the north side of Amos Street and at the east side of
BNSF railroad tracks where they intersect Orange
Show Road. This work is to be performed at agreed
prices at an increase to the contract price of $8,598,
from $9,210,309.58 to $9,218,907.58.
27. Approve Contract Change Order No. Five with Bonadiman-McCain,
Inc., for installation of storm drain at Ohio Avenue between Olive
Avenue and Bailey Creek Channel and Palm Avenue between
Washington Street and Irvington Avenue per Plan No. 9333. (See
Attached) (No cost to the City -- $7,301.49 cost to be
reimbursed by the appropriate utility companies.) Ward 5
MOTION: That the Mayor and Common Council approve
Contract Change Order No. Five to the contract with
Bonadiman-McCain, Inc., in accordance with Plan No.
9333, at an increase of $7,301.49 to the contract price
of $176,193.35 in order to compensate the contractor
for delays and additional work that was performed due
to utility conflicts.
28. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a license agreement
with Southern California Edison Company relating to installation
of non-electrified attachments and appurtenances to Edison street
light poles. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
9 9/21/1998
29. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Safety-Kleen (CA), Inc., for
removal of underground storage tanks at Fire Station No. 1 per
Plan No. 9840. (See Attached) (Cost to the City -- $37,000 from
the Liability Insurance Fund.) Wards 4 & 7
MOTION#1 : That said resolution be adopted.
MOTION #2: That the Director of Finance be authorized to
carry over $37,000 budgeted in FY 1997-98 for
this purpose to FY 1998-99 (Account No. 629-
453-5502).
Facilities Management
30. Approve cost saving measures at the San Bernardino Stadium and
authorize transfer of funds to implement measures. (See
Attached) (Anticipated net savings during first year of
implementation -- $14,000.)
MOTION #1: That the Mayor and Common Council approve
the cost saving measures for the San Bernardino
Stadium as identified in the attached staff report
dated September 9, 1998, from James Sharer,
Facilities Manager; and
MOTION #2: That the Mayor and Common Council authorize
the Director of Finance to amend the Fiscal Year
1998-99 budget to transfer $14,000 from
Stadium Electric Charges (133-461-5606) to
Stadium Alterations and Renovations (133-461-
5706).
Human Resources
31. Resolution of the City of San Bernardino approving a side letter to
the memorandum of understanding between the City of San
Bernardino and employees in the General Unit represented by the
San Bernardino Public Employees' Association, amending Article
III, Compensation, Section 6, Call-Back/Standby Assignment 8s
Pay. (See Attached) (Cost to the City -- $1,410 annually from
various departmental budgets.)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
10 9/21/1998
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CONTINUED ITEMS
Public Services
CONTINUED FROM SEPTEMBER 8, 1998
32. Resolution of the City of San Bernardino authorizing the execution
of an agreement with the County of San Bernardino Fire
Department to provide a consolidation point for sharps collection
and perform home pick up services for sharps. (Backup material
was distributed on September 8, 1998, Item No. 17.) (Cost to
the City - $4,680 from the Federal and State Programs Fund.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
11 9/21/1998
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, SEPTEMBER 21, 1998 - 2:00 P.M.
PRESENT:
ABSENT:
CONTINUED FROM SEPTEMBER 14, 1998
R33. Discuss and take possible action on the following document
relative to the MDA-San Bernardino Associates - Cinema Star
Multi-Plex Theater Project. (Backup material was distributed on
September 8, 1998, Item No. R44 and on September 14, 1998,
Item No. R10.)
a. Subordination and Intercreditor Agreement, draft dated August
13, 1998 (GMAC - Mortgage, Borrower & Agency).
TO BE HEARD AT 2:00 P.M.
R34. First public hearing - Fifth Year Action Plan - Consolidated Annual
Performance and Evaluation Report (CAPER). (See Attached)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving the Consolidated Annual Report in
connection with implementing federal grant programs. (Resolution
not available at time of printing.)
Mayor to open the hearing . . .
12 9/21/1998
R34. Continued.
MOTION #1: That the hearing be closed; and that the Mayor
and Common Council begin the Fifth Year
Action Plan process, accept comments and views
of residents, public agencies and other
interested parties on community needs and on
the Draft Consolidated Annual Performance and
Evaluation Report for 1997-1998, which
contains annual performance reports for the
Community Development Block Grant, HOME
Investment Partnership Act and Emergency
Shelter Grant Programs; and that staff be
authorized to submit the final report to the U.S.
Department of Housing and Urban Development
for review and approval; and
MOTION #2: That said resolution be adopted.
R35. Resolution of the Community Development Commission of the City
of San Bernardino, California, approving personnel policies and
procedures for all employees of the City of San Bernardino
Economic Development Agency, repealing Resolution Nos. 5277,
5279, 5280 and 5282 relating to Agency establishment of positions
and job descriptions, Agency adoption of certain personnel policies
and procedures for General Unit Employees and Mid-Managers,
Agency establishment of compensation levels and salary ranges,
and Agency establishment of Management and Confidential
Employee compensation and benefits plan, respectively, and
rescinding all previously adopted personnel policies and
procedures. (See Attached) (Resolution not available at the
time of printing.)
MOTION: That said resolution be adopted.
R36. Proposed lease agreement with General Services Administration for
the Immigration and Naturalization Services building.
13 9/21/1998
37. Adjournment.
MOTION: That the Mayor and Common Council meeting be
adjourned to 6:00 p.m., Tuesday, September 22, 1998,
for a joint meeting with the San Bernardino City
Unified School District to be held at 777 North "F"
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 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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