Loading...
HomeMy WebLinkAbout12-21-1998 Jt. Reg. Mtg. Agenda e r AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 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. 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): 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); (Item Continued on Next Page) 1 12/21/1998 1. Continued. GTE California, Inc., vs. ECC Equipment Corporation, a California Corporation, Howard Contracting, Inc., a California Corporation, and Gross-Complaint: ECCO Equipment Corporation vs. Howard Contracting, Inc., - San Bernardino Superior Court Case No. SCV 39468; Nancy Pruitt and Warren Pruitt by and through Georgian Pruitt vs. City of San Bernardino, et al. - United States District Court Case No. EDCV 96-410 RT (Vax); Hector L. Serrano, by and through Irma Serrano vs. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 46669; Douglas J. Domino vs. City of San Bernardino, et al. - United States District Court Case No. ED CV 98-339 RT (VAPx). 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 2 12/21/1998 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 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 13, be adopted except for , and 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 and the San Bernardino Associated Communities Financing Authority be waived. 3 12/21/1998 *14W 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated December 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 December 15, 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 Clerk's Office 9. Approve Council meeting dates for 1999. (See Attached) MOTION: That the Mayor and Common Council/Community Development Commission approve the following dates for regular meetings of the Mayor and Common Council and the Community Development Commission for 1999: January 11 (second Monday); January 25 (fourth Monday); February 1 and 15; March 1 and 15; April 5 and 19; May 3 and 17; June 7 and 21; July 6 and 19; August 2 and 16; September 7 and 20; October 4 and 18; November 1 and 15; and December 6 and 20. Parks, Recreation & Community Services 10. Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to administer a federal grant in the amount of $170,480.00 to continue the Headstart/Preschool Program at Delmann Heights Community Center and to execute the agreement for delegation of activities with the County of San Bernardino Preshool Services Department. (See Attached) (Cost to the City -- $83,802 in in- kind services) Ward 6 MOTION: That said resolution be adopted. 4 12/21/1998 Syr► Police Department LAID OVER FROM DECEMBER 7, 1998 11. 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. FINAL READING (Backup was distributed on December 7, 1998, Item No. 25.) MOTION: That said ordinance be adopted. 12. Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council 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 allowing the district to use the City of San Bernardino Police Department's firing range. (See Attached) (No cost to the City -- $2,160 in anticipated revenue to General Fund for balance of FY 98/99.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 5 12/21/1998 V 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. Development Services TO BE HEARD AT 10:00 A.M. 14. Public hearing - Resolution creating Underground Utility District No. 27, generally located along portions of 40th Street, between Electric Avenue and Waterman Avenue. (See Attached) (No cost to the City.) Ward 1 Resolution of the Mayor and Common Council of the City of San Bernardino creating Underground Utility District No. 27, generally located along portions of 40th Street, between Electric Avenue and Waterman Avenue. Mayor to open the hearing . . . MOTION: That the hearing be closed, and protests, if any, be overruled; and that said resolution be adopted. END PUBLIC HEARINGS COMMITTEE CONSENT CALENDAR Item was discussed by Ways and Means Committee on December 9, 1998 - Council Members present: Schnetz, Devlin and Anderson. City Administrator's Office 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a service agreement with Big Red Apple, regarding the marketing and management of the San Bernardino Stadium. (See Attached) (Cost to the City -- $50,000 from the Baseball Stadium Fund.) (Resolution not available at the time of printing.) Ward 3 MOTION: That said resolution be adopted; that all other bids be rejected; and that the Director of Finance be authorized to amend the FY 1998/99 budget to reflect an increase of $50,000 in Account No. 133-461-5505 (Other Professional Services). 6 12/21/1998 STAFF REPORTS City Attorney's Office 16. Ordinance of the City of San Bernardino adding Chapter 5.26 to Article I, Title 5 of the San Bernardino Municipal Code relating to shopping carts. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. 17. An ordinance of the City of San Bernardino amending Section 5.04.005 of the San Bernardino Municipal Code relating to the requirements for conducting business in the City. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. Development Services 18. Resolution of the City of San Bernardino awarding a contract to Golden West Landscape Contractor for the installation of landscaping in the Orange Show Road extension. (See Attached) (Cost to the City -- $133,892.90 from the Street Construction Fund.) (Resolution not available at the time of printing.) Wards 1 & 3 MOTION: That said resolution be adopted. 19. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution prohibiting parking upon certain designated streets or portions thereof . . . . .. to establish a no parking any time zone on Fourth Street between Foothill Boulevard and Tia Juana Street, applicable to the south side only. (See Attached) (Cost to the City -- $1,000 from the General Fund.) Ward 3 MOTION: That said resolution be adopted. 7 12/21/1998 Telecommunications 20. Adoption of resolutions approving a Tolling Agreement with Stubblefield Construction and the City's intent to renew grant of a non-exclusive cable franchise. (See Attached) (No cost to the City -- $1,700 in anticipated revenue to the General Fund for duration of Tolling Agreement.) Ward 4 A. Resolution of the City of San Bernardino approving a Tolling Agreement between the City of San Bernardino and Stubblefield Construction dba Mountain Shadows Cable TV System to provide cable service to the residents of San Bernardino. B. Resolution of the City of San Bernardino stating the City's intention to renew the grant of a non-exclusive cable franchise to Stubblefield Construction dba Mountain Shadows Cable TV System. (Note: This resolution sets a public hearing for 10:00 a.m., Monday, January 11, 1999.) MOTION: That said resolutions be adopted. END OF STAFF REPORTS CONTINUED ITEMS Development Services CONTINUED FROM NOVEMBER 2, 1998 21. Resolution of the City of San Bernardino approving the final map for Subdivision Tract No. 14193, located on the southeast corner of Ohio Avenue and Olive Avenue, 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. (Backup material was distributed on October 5, 1998, Item No. 49; and was continued to November 2, 1998, Item No. 22.) MOTION: That the matter be continued to March 15, 1999. END OF CONTINUED ITEMS 8 12/21/1998 PLANNING ITEMS TO BE HEARD AT 11:00 A.M. 22. Determination of public convenience and necessity for a Type-20 Liquor License for Rocky Farms Market located at 4645 N. Sierra Way. (See Attached) Ward 4 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 20 (off-site beer and wine) Liquor License for Rocky Farms Market. END OF PLANNING ITEMS 9 12/21/1998 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY MONDAY, DECEMBER 21, 1998 - 2:00 P.M. PRESENT: ABSENT: R23. Resolution of the Community Development Commission of the City of San Bernardino authorizing the Executive Director of the Economic Development Agency to execute an agreement for professional services with the National Development Council. (See Attached) (Cost to the Agency -- $50,000 from the Community Reinvestment Fund.) MOTION: That said resolution be adopted. R24. Annual Investment Policy. (See Attached) MOTION: That the Community Development Commission approve and adopt the Economic Development Agency's Annual Statement of Investment Policy for the year 1999. 10 12/21/1998 TO BE HEARD AT 2:00 P.M. SANBAC R25. Public hearing - San Bernardino Associated Communities Financing Authority (SANBAC) - 1998 Health Care Certificate of Participation - Family Clinics Foundation. (See Attached) Resolution of the San Bernardino Associated Communities Financing Authority authorizing the sale and delivery of not to exceed $100 million aggregate principal amount of certificates or participation (Family Clinics Foundation Project) Series 1998A, Series 1998B and Series 1998C and approving the execution and delivery of certain documents in connection therewith. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. R26. Discuss and take possible action on the following documents relative to the MDA-San Bernardino Associates - Cinema Star Multi-Plex Theater Project - direct staff to take appropriate action based upon decisions made on the following three documents: (Documentation being prepared) a. Subordination and Intercreditor Agreement (Construction Loan) b. Subordination and Intercreditor Agreement (Permanent Loan) C. Permanent Loan Commitment Letter 27. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, January 11, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 11 12/21/1998 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. 12 12/21/1998