HomeMy WebLinkAbout03-06-2000 Jt. Reg Mtg AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 6, 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 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):
Joseph M. Diaz, Sr. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 48682;
Wyatt Construction v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 48567.
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)
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f
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. 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.
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
END OF CLOSED SESSION
2 3/6/2000
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OWN
1%00 *ASO
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
Inaugural Ceremony- 9:00 a.m.
Swearing-in ceremonies for Councilman Gordon McGinnis,
Councilman Joe Suarez, Councilwoman Betty Dean Anderson, City
Attorney James F. Penman, City Clerk Rachel G. Clark, City
Treasurer David Kennedy will begin at 9:00 a.m. in the Council
Chambers of City Hall, followed by a reception.
The joint regular meeting of the Mayor and Common Council and
Community Development Commission will resume at
approximately 9:30 a.m., immediately following the reception.
2. Appointments.
A. Human Relations Commission - Rikke Van Johnson -
Council Member McGinnis. (See Attached)
B. Parks and Recreation Commission - William (Bud) Kubesh -
Council Member Suarez. (See Attached)
MOTION: That the appointments of Rikke Van Johnson to
the Human Relations Commission and William
(Bud) Kubesh to the Parks and Recreation
Commission, as recommended by Council
Members McGinnis and Suarez, be approved.
3. Presentations.
4. Announcements by Mayor and Common Council.
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CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 21, 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. Council Minutes.
MOTION: That the minutes of the following meetings of the
Mayor and Common Council/Community
Development Commission of the City of San
Bernardino, be approved as submitted:
December 6, 1999 (Distributed on 2/25/00)
December 20, 1999 (Distributed on 2/25/00)
January 10, 2000 (Distributed on 3/2/00)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed in the memorandum dated
March 1, 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 March 2, 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.
4 3/6/2000
City Administrator
LAID OVER FROM FEBRUARY 22, 2000
9. Ordinance of the City of San Bernardino adding Section 3.44.131
to the San Bernardino Municipal Code and establishing a Utility
User's Tax Rebate program. FINAL READING (Backup material
was distributed on February 22, 2000, Item No. 24.)
MOTION: That said ordinance be adopted.
City Clerk
10. Receive and file 1998-1999 Annual Audit of the Water
Department's Water and Sewer Utilities. (See Attached)
MOTION: That the Mayor and Common Council receive and file
the 1998-1999 Annual Audit of the Water
Department's Water and Sewer Utilities.
Development Services
LAID OVER FROM FEBRUARY 22, 2000
11. Ordinance of the City of San Bernardino amending Chapter 10.52
of the San Bernardino Municipal Code to establish a forty-five mile
per hour speed limit on Fifth Street between Del Rosa Drive and
two-hundred feet east of Victoria Avenue. FINAL READING
(Backup material was distributed on February 7, 2000, Item
No. 19, and was continued to February 22, 2000, Item No. 33.)
MOTION: That said ordinance be adopted.
LAID OVER FROM FEBRUARY 22, 2000
12. Ordinance of the City of San Bernardino amending Chapter 10.52
of the San Bernardino Municipal Code to establish a forty mile per
hour speed limit on Fifth Street between Waterman Avenue and
Pedley Road. FINAL READING (Backup material was distributed
February 7, 2000, Item No. 20, and was continued to February
221, 2000, Item No. 34.)
MOTION: That said ordinance be adopted.
5 3/6/2000
13. Determination of public convenience or necessity for a Type 21
Liquor License for Smart and Final located at 332 W. Base Line
Street. (See Attached) (No cost to the City.) Ward 2
MOTION: That the Mayor and Common Council determine that
the public convenience or necessity is served and that
the Director of Development Services be directed to
send a letter to the Department of Alcoholic Beverage
Control for a Type 21 (Off-sale General) liquor license
for Smart and Final located at 332 W. Base Line
Street.
14. Resolution of the City of San Bernardino declaring its intention to
order the vacation of a portion of Lexington Way, southwesterly of
Hallmark Parkway and reserving easements for sanitary sewer,
waterlines and utilities. (See Attached) (No cost to the City --
$1,000 fee paid by applicant.) (Resolution not available at
time of printing.) Ward 6
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Signal Maintenance, Inc., for
traffic signal modification at the intersection of Pacific Street and
Arden Avenue per Plan No. 10030. (See Attached) (Cost to the
City -- $66,800 from the Traffic Systems Construction Fund.)
Ward 7
MOTION: That the Mayor and Common Council authorize the
Director of Finance to amend the 1999/2000 CIP
budget and transfer $6,800 from Account No. 129-
367-5504-7155 (Install Street Lights at Base Line
Street from Sterling to Victoria Avenues) to Account
No. 250-370-5504-7170 (Modify Traffic Signal at
Pacific Street and Arden Avenue); and that said
resolution be adopted.
16. Authorize Director of Finance to amend the 1999/2000 Budget,
and approve plans and authorize advertisement for bids for street
improvements and traffic signal modification at Waterman Avenue
and Hospitality Lane per Plan No. 10029. (See Attached) (Cost to
the City -- $243,400 from the Traffic Construction Fund and
the Yz Cent Sales & Road Tax Fund.) Wards 1 & 3
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16. Continued.
MOTION: That the Mayor and Common Council authorize the
Director of Finance to amend the 1999/2000 budget to
reflect increased funding for Project 7070 - Street
Improvements and Traffic Signal Modification -
Waterman Avenue and Hospitality Lane - of $94,000
from Account No. 250-370-5504-7146 and $149,000
from Account No. 129-367-5504-7153.
Fire
17. Resolution of the City of San Bernardino approving a cooperative
agreement between the San Bernardino City Fire Department and
the USDA Forest Service, San Bernardino, National Forest, relating
to fire protection and rescue services within the mutual threat
zone. (See Attached) (No cost to the City.) (Resolution not
available at time of printing.) Wards 4 & 5
MOTION: That said resolution be adopted.
18. Resolution of the City of San Bernardino approving a 120 day
contract extension between the San Bernardino City Fire
Department and American Medical Response 180-day pilot
program to assess enhanced pre-hospital paramedic service. (See
Attached) (No cost to the City -- $12,856 to be reimbursed
from American Medical Response.) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted; and that the Director
of Finance be authorized to amend FY 1999/2000
budget to reflect a) the continuing reclassification
costs of three firefighter positions to paramedic
positions for an additional four months at the cost of
$12,856, and b) reflect the corresponding revenue
reimbursement of $12,856 to be received from
American Medical Response.
3/6/2000
elk-
Parks, Recreation & Community Services
19. Resolution of the City of San Bernardino authorizing the Director
of Parks, Recreation and Community Services Department to
execute an agreement with San Bernardino City Unified School
District to provide contractual services for after-school recreation
programs at school district sites. (See Attached)
MOTION: That said resolution be adopted.
20. Authorization to reject all bids and re-advertise for bids -
resurfacing/renovation of Norton Gym Tennis Courts. (See
Attached) All Wards
MOTION: That all bids for resurfacing/renovation of Norton Gym
Tennis Courts be rejected and the Purchasing Manager
be authorized to re-advertise for bids.
Police
21. A Resolution of the City of San Bernardino entering into an interim
agreement for tow services with San Bernardino Towing consistent
with Resolution 1999-86. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval by the Ways and Means Committee
on February 23, 2000 - Committee Members Present:
Anderson, McGinnis and Schnetz
22. Mid-year Budget Review for Fiscal Year 1999-2000. (See Attached)
MOTION: That the Mayor and Common Council receive and file
the FY 1999/2000 Mid Year Budget Report.
END OF COMMITTEE CONSENT
8 3/6/2000
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 10:00 A.M.
23. Public hearing - resolution ordering vacation of a portion of the
north/south alley between 2nd Street and Rialto Avenue, west of"I"
Street (Caldwell Alley). (See Attached) Ward 3
Resolution of the City of San Bernardino ordering the vacation of a
portion of the north/south alley between 2nd Street and Rialto
Avenue, west of "I" Street (Caldwell Alley). (Resolution not
available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Findings of Fact
as set forth in the Staff Report from the Director of
Development Services, dated February 10, 2000, as to
why a portion of the north/south alley between 2nd
Street and Rialto Avenue, west of "I" Street (Caldwell
Alley), is no longer necessary for public street
purposes, be adopted; and that said resolution be
adopted.
Development Services
TO BE HEARD AT 10:00 A.M.
24. Public hearing - resolution creating Underground Utility District
No. 28 - portions of Base Line Street, east of California Street and
portions of Pennsylvania Avenue, north of 9th Street. (See
Attached) Ward 6
Resolution of the City of San Bernardino creating Underground
Utility District No. 28, located along portions of Base Line Street,
east of California Street and along portions of Pennsylvania
Avenue, north of 9th Street, in the City of San Bernardino.
(Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the public hearing relative to the formation of
Underground Utility District No. 28, along portions of
Base Line Street, east of California Street and portions
of Pennsylvania Avenue, north of 9th Street, be closed;
and that said resolution be adopted.
9 3/6/2000
STAFF REPORTS
City Administrator
25. Ordinance of the City of San Bernardino dissolving Community
Facilities District No. 995. FIRST READING (See Attached) (No
cost to the City.) Ward 5
MOTION: That said ordinance be laid over for final adoption.
City Attorney
26. Authorization to join amicus brief in support of Swenson vs.
County of Los Angeles. (No documents available at time of
printing.)
MOTION: That the Mayor and Common Council authorize the
City Attorney to join in amicus brief in support of
Swenson vs. the County of Los Angeles.
Council
27. Resolution of the Mayor and Common Council of the City of San
Bernardino in support of Senate Resolution 237 - in support of the
Convention on the Elimination of all forms of Discrimination
Against Woman (CEDAW). (See Attached) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
CONTINUED ITEMS
Development Services
CONTINUED FROM FEBRUARY 22, 2000
28. Authorization to proceed - 1913 Act Acquisition Assessment
District for off site improvements - Tract No. 10260 and Tentative
Tract No. 14112. (Backup material was distributed on February
22, 2000, Item No. 23.) Ward 4
(Item Continued on Next Page)
10 3/6/2000
28. Continued.
MOTION #1: That the Director of Development Services and
the City Clerk be authorized to proceed with the
formation of an Acquisition Assessment District
No. 1026, pursuant to the Municipal
Improvement Act of 1913 for off-site
improvements relative to the development of
Tract No. 10260 and Tentative Tract No. 14112;
and
MOTION #2: That the Director of Development Services be
authorized and directed to prepare agreements
for Bond Counsel with the firm of Sabo and
Green; for investment banking services with the
firm of Miller and Schroeder; and for assessment
engineer with the firm of GBF-Friedrich &
Associates relative to the formation of
Assessment District No. 1026.
29. 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 June 5,
2000. (See Attached New Staff Report) (Backup material was
distributed on May 17, 1999, Item No. 14; Item was continued
to August 16, 1999, Item No. 31, and was continued to
December 6,, 1999; Item No. 33.) Ward 4
MOTION: That the Final Map for Tentative Tract No. 14112 be
continued to the meeting of June 5, 2000.
Facilities Management
CONTINUED FROM FEBRUARY 22, 2000
30. Resolution of the Mayor and Common Council of San Bernardino
approving a sublease of certain City property leased to the Boys
Club (County Preschool Services). (Backup material was
distributed on February 22, 2000, Item No. 14.) (No cost to
the City.) Ward 6
MOTION: That said resolution be adopted.
11 3/6/2000
CONTINUED FROM FEBRUARY 22, 2000
31. Resolution of the Mayor and Common Council of San Bernardino
approving a sublease of certain City property leased to the Boys
Club (County Behavioral Health). (Backup material was
distributed on February 22, 2000, Item No. 15.) (No cost to
the City.) Ward 6
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
32. Public hearing - General Plan Amendment No. 99-07 - a request to
change the land use designation of 2.97 acres from CCS-1, Central
City South (general retail) to CCS-2, Central City South (service
commercial) - located at 420 South "E" Street. (See Attached) (No
cost to the City.) Ward 3
Resolution of the City of San Bernardino adopting General Plan
Amendment No. 99-07 to the General Plan of the City of San
Bernardino, to amend the General Plan land use designation from
CCS-1, Central City South (General Retail), to CCS-2, Central City
South (Service Commercial), for 2.97 acres about 430 feet north of
the intersection of Mill Street and "E" Street, being identified as
420 South "E" Street.
Applicant: Gary W. Miller, Architect & Associates
350 West 5th Street, Suite 201
San Bernardino, CA 92401
Owner: Cross Family Trust
P O Box 729
Fontana, CA 92334
Request/Location: The applicant requests approval of General
Plan Amendment to change the land use designation of
approximately 2.97 acres from CCS-1, Central City South (general
retail) to CCS-2, Central City South (service commercial). The
change in land use designation would allow businesses involved in
limited manufacturing, warehousing and service commercial uses.
The existing buildings on site were constructed for service
commercial and light industrial uses and will be upgraded where
possible.
12 3/6/2000
32. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be
adopted.
TO BE HEARD AT 11:00 A.M.
33. Resolution of the City of San Bernardino approving the
Rehabilitation and Adaptive Reuse Plan for the San Bernardino
Santa Fe Depot located at 1170 West 3rd Street in the IH,
Industrial Heavy, land use designation. (See Attached) (No cost to
the City.) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
END OF PLANNING ITEMS
13 3/6/2000
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, MARCH 6, 2000 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R34. Resolution of the Community Development Commission of the City
of San Bernardino, California, approving an amendment, and
authorizing execution thereof, to the agreement with Wells Fargo
Bank, National Association, for certain lines of credit. (See
Attached) (Resolution not available at time of printing.) (No
cost to the City.) All Wards
MOTION: That said resolution be adopted.
R35. Resolution of the Community Development Commission approving
Amendment No. 1 to the 1999 Disposition and Development
Agreement (California Bio-Mass, Inc.) and extending the
completion of the due diligence period to a new date. (See
Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
36. 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.)
14 3/6/2000
37. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, March 20, 2000, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino.
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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