HomeMy WebLinkAbout09-05-2000 Jt. Reg Mtg AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, SEPTEMBER 5, 2000 - 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 16.)
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):
Jaime Alvarez, et al. vs. City of San Bernardino, et al. -
United States District Court Case No. CV 00-03048 GHK;
H. R. Ronneburg vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 48636;
De Shawn Crawford vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 33527;
(Item Continued on Next Page)
1 9/5/2000
1. Continued.
Shirley J. Goodwin vs. City of San Bernardino, et al. - United
States District Court Case No. EDCV 98-66 RT (VAPx);
City of San Bernardino Municipal Water Department vs.
United States Department of the Army - United States
District Court, Central District of California, Case No. CV 96-
8867 MAP (VAPx)
Rose Mihata vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 30476.
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.
Agency Negotiator:
Ed Raya, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters Local 891
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
END OF CLOSED SESSION
2 9/5/2000
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Sue Dawson - Alternate Member - Animal Advisory
Commission - Mayor Valles. (See Attached)
MOTION: That the appointment of Sue Dawson, as an
alternate member of the Animal Advisory
Commission, as recommended 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 22, 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 9/5/2000
6. Council Minutes. (See Attached)
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:
July 20, 2000 (Distributed on 8/22/00)
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 30, 2000 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 August 30, 2000, 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
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a Master Services
Memorandum of Understanding with the Water Department for
provision of City services for Fiscal Year 2000/2001.
(Reimbursement to various City funds -- $1,099,600)
MOTION #1: That said resolution be adopted.
MOTION: #2: That the Director of Finance be authorized to
amend FY 2000/2001 M.I.S. budget to increase
both revenues and expenditures by $40,600 to
reflect increased services to Water Department
from M.I.S.
4 9/5/2000
City Attorney
LAID OVER FROM AUGUST 21, 2000
10. An ordinance of the City of San Bernardino amending Chapter
3.68 of the San Bernardino Municipal Code relating to the shift in
responsibilities for assessing liens to Code Compliance and the
City's hearing officer. FINAL READING (Backup material
distributed on August 21, 2000, Item No. 30.)
MOTION: That said ordinance be adopted.
LAID OVER FROM AUGUST 21, 2000
11. An ordinance of the City of San Bernardino amending Section
8.30.130 of the San Bernardino Municipal Code relating to the
assessment of costs against property. FINAL READING (Backup
material distributed August 21, 2000, Item No. 29.)
MOTION: That said ordinance be adopted.
Development Services
LAID OVER FROM AUGUST 21, 2000
12. Ordinance of the City of San Bernardino amending Chapter 10.52
of the San Bernardino Municipal Code establishing a forty mile per
hour speed limit on Orange Show Road between "E" Street and
Arrowhead Avenue and a fifty mile per hour speed limit on Orange
Show Road between Arrowhead Avenue and Tippecanoe Avenue.
FINAL READING (Backup material distributed August 21,
2000, Item No. 31.)
MOTION: That said ordinance be adopted.
LAID OVER FROM AUGUST 21, 2000
13. Ordinance of the City of San Bernardino amending Chapter 10.52
of the San Bernardino Municipal Code to change the existing speed
limit on San Bernardino Avenue between Tippecanoe Avenue and
Mt. View Avenue from forty-five miles per hour to forty miles per
hour. FINAL READING (Backup material distributed August
21, 2000, Item No. 32.)
MOTION: That said ordinance be adopted.
5 9/5/2000
LAID OVER FROM AUGUST 21, 2000
14. An ordinance of the City of San Bernardino modifying Chapter
19.68 (surface mining and land reclamation regulations) of the San
Bernardino Municipal Code (Development Code) to modify text
related to requirements and policies. FINAL READING (Backup
material distributed August 21, 2000, Item No. 33.)
MOTION: That said ordinance be adopted.
15. Resolution of the City of San Bernardino approving services
agreements with Berryman & Henigar, EsGil Corporation, and
Willdan for provision of professional plan check services. (See
Attached) (Cost to the City -- $92,000 from the Special
Deposits Fund.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
Human Resources
16. Resolution of the City of San Bernardino implementing provisions
of Internal Revenue Code (IRC) Section 414(H)(2) for miscellaneous
employees and authorizing a pre-tax payroll deduction plan for
service credit purchases. (See Attached) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
Mayor's Office
17. Funding approval of Fine Arts and Cultural Agreements for Fiscal
Year 2000-2001. (See Attached)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
Canto Bello Master Chorale for the promotion of arts and
culture. (Cost to the City -- $10,000 from the General
Fund.)
(Item Continued on Next Page)
6 9/5/2000
17. Continued.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
Inland Dance Theatres, Inc. for the promotion of arts and
culture. (Cost to the City -- $15,500 from the General
Fund.)
C. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
Junior University of San Bernardino, Inc. for the promotion of
arts and culture. (Cost to the City -- $7,500 from the
General Fund.)
D. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
San Bernardino-Riverside Counties District Metropolitan Opera
Auditions for the promotion of arts and culture. (Cost to the
City -- $3,000 from the General Fund.)
E. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
Prime Time Choraliers for the promotion of arts and culture.
(Cost to the City -- $1,000 from the General Fund.)
F. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
San Bernardino Valley Community Concert Association for the
promotion of arts and culture. (Cost to the City -- $13,000
from the General Fund
G. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
Inland Empire Symphony Association for the promotion of arts
and culture. (Cost to the City -- $65,500 from the General
Fund.)
7 9/5/2000
17. Continued.
H. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
Sinfonia Mexicana Society for the promotion of arts and culture.
(Cost to the City -- $18,000 from the General Fund.)
I. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
Sturges Academy for the Fine Arts for the promotion of arts and
culture. (Cost to the City -- $7,500 from the General Fund.)
J. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
Sturges Family Playhouse for the promotion of arts and culture.
(Cost to the City -- $5,000 from the General Fund.)
K. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with the
San Bernardino International Children's Choir for the
promotion of arts and culture. (Cost to the City -- $3,000
from the General Fund.)
MOTION: That said resolutions A-K, be adopted.
Public Services
18. Resolution of the City of San Bernardino authorizing the execution
of an agreement by and between the County of San Bernardino
Fire Department and the Public Services Department of the City of
San Bernardino to provide household hazardous waste collection
center services and home generated sharps collection services.
(Cost to the City -- $154,950 from the Refuse Fund.)
(Resolution not available at the time of printing.) All Wards
MOTION: That said resolution be adopted.
8 9/5/2000
19. Resolution of the City of San Bernardino authorizing the execution
of a purchase order to McNeilus Truck and Manufacturing
Company of Colton for two (2) roll-off refuse trucks and bodies.
(See Attached) (Cost to the City - one estimated payment of
$37,900 in FY 00/01 [total cost $263,031] from the Refuse
Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
20. Resolution of the City of San Bernardino authorizing the execution
of a purchase order to Labrie Equipment Limited for the furnishing
and delivery of fourteen (14) automated side-loading refuse trucks
and bodies utilized by the Public Services Department. (See
Attached) (Cost to the City - one estimated payment of
$377,600 [total cost $2,623,040.14] in FY 00/01 from the
Refuse Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
21. Resolution of the City of San Bernardino, authorizing an increase
in the purchase orders to McCray Enterprises, P&S Truck Supply,
Inc., and Rush Truck Centers of California for state mandated
preventive maintenance inspections and repairs of the City's heavy
truck fleet. (See Attached) (Cost to the City -- $25,000 from the
Motor Pool Fund.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
22. Resolution of the City of San Bernardino authorizing the execution
of a piggyback purchase order to Nixon-Egli Equipment Company
for furnishing and delivery of three (3) Athey/Mobil sweepers
utilized by the Street Division of the Public Services Department;
and authorizing the Purchasing Manager to solicit lease-purchase
rate quotes. (See Attached) (Cost to the City - one estimated
payment of $47,800 [total cost $402,213.51] from the Refuse
Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
9 9/5/2000
COMMITTEE CONSENT
Recommended for approval by the Legislative Review
Committee on August 28, 2000 - Council Members Present:
Lien and McGinnis
23. An Ordinance of the City of San Bernardino amending Section
8.69.090 of the San Bernardino Municipal Code relating to
possession of instruments of graffiti by juveniles prohibited.
FIRST READ (See Attached) (Ordinance not available at time of
printing.)
MOTION: That said ordinance be laid over for final adoption.
Recommended for approval by the Legislative Review
Committee on August 28, 2000 - Council Members Present:
Lien and McGinnis
24. Proposed ordinance revising Title 6 of the Municipal Code relative
to penalties for animals and an ordinance revising the Animal
Advisory Commission duties.
A. An ordinance of the City of San Bernardino amending
Chapter 6.42.010 and adding Chapter 6.44 of the San
Bernardino Municipal Code relating to the enforcement and
penalties for violations of Animal Control Ordinances. FIRST
READING (Cost to the City -- $5,000 from the Animal
Control Fund in Fiscal Year 2000/01.)
B. An Ordinance of the City of San Bernardino amending
Chapter 2.26.020 of the San Bernardino Municipal Code
relating to the duties of the Animal Advisory Commission.
FIRST READING (Ordinance not available at time of
printing.)
MOTION #1: That said ordinances be laid over for final
adoption; and
MOTION #2: That the Director of Finance be authorized
to amend the FY 2000/2001 budget to
transfer $5,000 from Account No. 124-
232-5014 (Salaries - Temp/Part Time) to
Account No. 124-232-5505 (Professional/
Contractual).
10 9/5/2000
Recommended for approval by the Legislative Review
Committee on July 27, 2000 - Council Members Present:
Lien, McGinnis and Schnetz
25. Resolution of the Mayor and Common Council of the City of San
Bernardino amending Resolution No. 84-371, Procedural Rules for
meetings of Mayor and Common Council, relative to administering
oath for those giving testimony at meetings of the Mayor and
Common Council/Community Development Commission.
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Recommended for approval by the Personnel Committee on
August 28, 2000 - Council Members Present: Suarez,
Anderson and McCammack
26. Animal Control Division - Resolution authorizing the increase of
part-time wages for the position of Animal License Checker. (See
Attached) (Cost to the City -- $5,500 from the Animal Control
Fund.)
MOTION #1: That the Human Resources Department be
directed to update Resolution 6413, Section
Thirteen; to reflect this particular action.
MOTION #2: That the Director of Finance be authorized to
amend FY 2000/01 Animal Control budget to
increase part-time salaries by $6,500 and
Animal Control license revenues by $12,000.
27. Animal Control Division - authorize establishment of a Senior
Shelter Office Specialist. (See Attached) (Net cost to the City --
$10,700 from the Animal Control Fund.)
MOTION #1: That one (1) position of Senior Shelter Office
Specialist, Range 2323, $2,223-$2,702/month,
be established in the Animal Control Division;
and
MOTION #2: That the Human Resources Department be
directed to update Resolution 6413, Section
Eleven, to reflect this particular action; and
(Item Continued on Next Page)
11 9/5/2000
27. Continued.
MOTION #3: That the Director of Finance be authorized to
amend the FY 2000-01 budget to 1) increase
revenue Account No. 124-000-4410 (General
Fines) by $15,000; 2) amend the Animal Control
budget to add $25,700 for a Senior Shelter
Office Specialist position in Account No. 124-
231-5011; and 3) increase the budgeted transfer
from the General Fund to the Animal Control
Fund by $10,700.
28. Code Compliance Division - authorize establishment of an
additional grant funded position of Code Compliance Officer II. (See
Attached) (No cost to the General Fund -- $34,000 from the
Neighborhood Initiatives Program.)
MOTION #1: That one (1) additional position of Code
Compliance Officer II, Range 1370, $2,810-
$3,416/month, be established; and
MOTION #2: That the Human Resources Department be
directed to update Resolution 6413, Section Ten,
to reflect this particular action; and
MOTION #3: That the Director of Finance be authorized to
amend the FY 2000/01 Code Compliance budget
to reflect both the increase in Code Compliance's
expenditure budget (001-073-SOXX - Salaries &
Benefits) and the corresponding revenue
reimbursement to be received from EDA (001-
000-4670).
29. Management Information Services - authorize addition of one
Computer Operator position - Water Department Master Services
Memorandum of Understanding. (See Attached) (No cost to the
City - $40,600 will be reimbursed by the Water Department.)
MOTION: That the Mayor and Common Council approve the
addition of one (1) Computer Operator, Range 3355,
$2,608-$3,170.
12 9/5/2000
30. Parks, Recreation and Community Services - authorize
establishment of part-time Volunteer Coordinator position. (See
Attached) (No cost to the General Fund -- $9,797 from the
Federal and State Programs Fund.)
MOTION #1: That one (1) position of Volunteer Coordinator
(part-time), Range PT, $9.42 per hour, be
established; and
MOTION #2: That the Human Resources Department be
directed to update Resolution 6413, Section
Thirteen, to reflect this particular action.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
CONTINUED FROM AUGUST 21, 2000
TO BE HEARD AT 10:00 A.M.
31. Public hearing - proposed formation of Assessment District No.
1018 (Northpark & Mountain - Tract No. 14448). (Backup
material was distributed August 7, 2000, Item No. 26, and
August 21, 2000, Item No. 26.)
Mayor to open the hearing . . .
Resolution of the City of San Bernardino finding and determining
the existence of less than a majority protest, and that the public
convenience and necessity require the acquisition of certain
improvements in the area of Northpark Boulevard and Mountain
Drive, approving the final Engineer's Report, creating an
assessment district to cover the costs of said improvements known
as Assessment District No. 1018, ordering the acquisition of said
improvements, confirming the 2000-2001 Assessment Roll, and
determining that the Special Assessment, Investigation and
Limitation Act of 1931 shall not apply.
MOTION #1: That the public hearing be closed and that a
determination of protests and assessment
ballots be made; and
MOTION #2: That said resolution be adopted. (Requires
4/Sths vote).
13 9/5/2000
Police
CONTINUED FROM JULY 24, 2000.
TO BE HEARD AT 10:00 A.M.
32. Appeal hearing of agreement for Tow Services termination -
Danny's Towing. (Backup material was distributed on April 3,
2000, Item No. 24; item was continued to June 5, 2000, Item
No. 24; and Item was continued to July 24, 2000, Item No.
34.)
MOTION: That the hearing be continued to October 2, 2000.
END PUBLIC HEARINGS
CONTINUED ITEMS
Development Services
33. Authorization to continue the resolution approving Final Map for
Tentative Tract No. 14112, located northeasterly of the intersection
of Foothill Drive and Sterling Avenue to the meeting of December 4,
2000. (See Attached New Staff Report) (No cost to the City.)
(Backup material was distributed on May 17, 1999, Item No.
14; item was continued to August 16, 1999, Item No. 31; item
was continued to December 6, 1999, Item No. 33; item was
continued to March 6, 2000, Item No. 29; and item was
continued to June 5, 2000, Item No. 26.) Ward 4
MOTION: That the Final Map for Tentative Tract No. 14112, be
continued to the Council meeting of December 4,
2000.
Human Resources
CONTINUED FROM AUGUST 21, 2000
34. Resolution of the City of San Bernardino authorizing the execution
of an agreement with The Counseling Team to perform counseling
services for the employees of the City of San Bernardino. (See
Attached New Staff Report) (Backup material distributed August
21, 2000, Item No. 21.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
14 9/5/2000
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
35. Appeal hearing - Planning Commission's denial of Conditional Use
Permit No. 99-15 - to establish a billiards parlor at 1098 N.
Waterman Avenue. (See Attached) Ward 2
Applicant: Daniel Allan
25287 17th Street
San Bernardino, CA 92404
Owner: Velma Feldmeir
1540 Pepper Tree Lane
San Bernardino, CA 92410
Request/Location: The applicant is requesting to establish a
billiards parlor in an existing building on the southwest corner of
Waterman Avenue and 11th Street in the CG-1, Commercial
General land use district.
Mayor to open the hearing . . .
MOTION: That the public hearing be closed; the appeal be
denied, and that the Planning Commission's denial of
Conditional Use Permit No. 99-15, be upheld based on
the Findings of Fact.
END OF PLANNING ITEMS
36. Luncheon Workshop - Joint Mayor and Common Council and
Planning Commission - Economic Development Agency Board
Room - 12:00 p.m. - Economics Research Associates.
15 9/5/2000
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
TUESDAY, SEPTEMBER 5, 2000 - 2:00 P.M.
PRESENT:
ABSENT:
R37. Arden-Guthrie Disposition Plan by and between the U.S.
Department of Housing and Urban Development (HUD). (See
Attached) (No cost to the Agency.) Ward 7
MOTION: That the Community Development Commission
approve a six (6) month extension, and if possible a
one (1) year extension, to the Arden-Guthrie
Disposition Plan Agreement between HUD and the
Agency.
R38. Transfer flag pole located at the former office of the Mexican
Consulate at 5th and "D" to new location at 293 North "D" Street.
MOTION: That the Community Development Commission
authorize the relocation of the flag pole located at 5th
and "D" and relocate it to the new location of the
Mexican Consul's Office at 293 North "D" Street.
39. 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.)
16 9/5/2000
40. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, September 18, 2000, in the Council Chamber of City Hall,
300 North "D" 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 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.
17 9/5/2000