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HomeMy WebLinkAbout11-03-1997 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, NOVEMBER 3, 1997 - 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) : Kenneth J. Henderson et al . vs . Economic Development Agency of the City of San Bernardino et al . - San Bernardino Superior Court Case No. SCV 38695 ; Edward Rudolph vs . City of San Bernardino - Worker' s Compensation Appeals Board Case Nos . SBR 0239398 , SBR 213192 , 244394 , 251986 and 212717; City of San Bernardino Hotel/Motel Association vs . City of San Bernardino - Fourth District Court of Appeals Case No. E017944 . (Item Continued on Next Page) 1 11/3/1997 1 . Continued. 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 : one . D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957 . E. Conference with labor negotiator - pursuant to Government Code Section 54957 . 6 : 1 . Agency Negotiator: Barbara Dillon, Director of Personnel Employee Organization: San Bernardino Public Employees' Association (SBPEA) , General Unit 2 . Agency Negotiator: Fred Wilson, City Administrator Employee Organization: Fire Safety Management 3 . Agency Negotiator: Fred Wilson, City Administrator Employee Organization: San Bernardino Confidential and Management Association END OF CLOSED SESSION 2 11/3/1997 RECONVENE MEETING - 9 : 00 A.M. PRESENT: ABSENT: INVOCATION: PLEDGE: 2 . Appointments . 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 16 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 be waived. 7 . Council Minutes . MOTION: That the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: July 21, 1997 (Distributed on 10/21/97) August 18, 1997 (Distributed on 10/28/97) 3 11/3/1997 8 . Claims and Payroll . (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 27, 1997, from Barbara Pachon, Finance Director, be approved. 9 . Personnel Actions . (See Attached) MOTION: That the personnel actions submitted by the Chief Examiner dated October 24 , 1997, 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. Facilities Management 10 . Resolution of the City of San Bernardino authorizing the Purchasing Manager to award a contract to Amtech Elevator Services for elevator modernization and ADA compliance of City Hall elevators in accordance with Request Specification F 98- 15 . (See Attached) (Cost to the City -- $269, 803 .00 [$250, 000 from the San Bernardino Joint Powers Financing Authority Lease Revenue Refunding Bonds (City Hall Project) Series 1996, and $19, 803 from the General Fund - Facilities Management City Hall Capital Budget for renovations] . ) (Resolution not available at time of printing. ) Ward 1 MOTION: That said resolution be adopted. Police 11 . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of two (2) separate contracts between the County of San Bernardino and the City of San Bernardino for (1) equipment and user access into the National Law Enforcement and California Law Enforcement Telecommunication Systems (NLETS & CLETS) ; and (2) equipment and user access into the Sheriff' s Department Central Name Index (CNI) . (See Attached) (Cost to the City -- $28, 682 . 88 from the General Fund. ) (Resolution not available at time of printing. ) MOTION: That said resolution be adopted. 4 11/3/1997 Public Works/Engineering 12 . Resolution of the City of San Bernardino authorizing the execution of an amendment to lease agreement between the City of San Bernardino and Pacific Bell Mobile Services . North west corner Second Street and Meridian Avenue (a portion of Nicholson Park) . (See Attached) (No cost to the City. ) (Resolution not available at time of printing. ) Ward 3 MOTION: That said resolution be adopted. 13 . Resolution of the City of San Bernardino authorizing the execution of a lease agreement between the City of San Bernardino and the County of San Bernardino Sheriff' s Search and Rescue. (See Attached) (No cost to the City. ) (Resolution not available at time of printing. ) Ward 7 MOTION: That said resolution be adopted. 14 . Resolution of the City of San Bernardino awarding a contract to Will Masonovich Construction, Inc . , for improvements to sewer system at various locations . (See Attached) (Cost to the City -- $37, 000 from the Sewer Line Maintenance Fund. ) (Resolution not available at time of printing. ) Wards 1 & 3 MOTION: That said resolution be adopted. 15 . Resolution of the City of San Bernardino authorizing the execution of Amendment No. One to the agreement for professional services with HNTB Corporation relative to the design of State Street, between Foothill Boulevard and Sixteenth Street . (See Attached) (Cost to the City -- $7, 950 from the 1/2 Cent Sales and Road Tax Fund. ) (Resolution not available at time of printing. ) Ward 6 MOTION: That said resolution be adopted. 5 11/3/1997 16 . Resolution of the City of San Bernardino authorizing the execution of an agreement with Comcast Cablevision, Inc . , for the acquisition of a cement block building located at 464 North Tiajuana Street (Nunez Park) . (See Attached) (No cost to the City. ) (Resolution not available at time of printing. ) Ward 3 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT CALENDAR MOTION: That the motions indicated by committee consent items 17 & 18 be adopted except for Recommended for approval by Ways & Means Committee on October 22, 1997 -- Members Present: Oberhelman, Devlin & Anderson City Administrator' s Office 17 . Resolution of the City of San Bernardino authorizing the execution of an agreement with the Black Culture Foundation relating to financial assistance from the Civic and Promotion Fund for Fiscal Year 1997/98 . (See Attached) (Cost to the City -- $24, 249 [$4, 162 from the General Fund - 1997/98 Civic and Promotion Fund; and, indirect costs as follows : Police Department, $13, 131; Parks and Recreation $2, 993 for facility use, and $1, 500 for damage/clean up deposit; Public Services, $1, 313; and Traffic Engineering, $1, 150 for barricades/ refundable deposit] . ) (Resolution not available at time of printing. ) MOTION #1: That direct funding in the amount of $4 , 162 and indirect funding in the amount of $20, 087 be transferred from the 1997/98 Civic and Promotion Fund to various City departmental accounts in the amounts listed in the Staff Report from City Administrator Fred Wilson dated October 23 , 1997, to cover their costs for personnel and equipment to assist with the 1998 Black History week activities, as recommended by the Ways and Means Committee; and MOTION #2 : That said resolution be adopted. 6 11/3/1997 Recommended for approval by the Ways & Means Committee on September 23, 1997 - Members Present: Oberhelman, Devlin & Anderson 18 . Request from 4th of July Committee for funding assistance for the 4th of July celebration at Seccombe Lake Park. (See Attached) (Cost to the City -- $32, 251 from the General Fund - 1997 Civic and Promotion Fund. ) Ward 1 MOTION: That the recommendation of the Ways and Means Committee for funding assistance in the amount of $32, 251 to cover costs connected with the 1998 4th of July Celebration at Seccombe Lake Park be approved. END OF COMMITTEE CONSENT CALENDAR PUBLIC HEARINGS Public hearings scheduled for a time certain 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. Code Compliance TO BE HEARD AT 10 :00 A.M. 19 . Appeal hearing -- Board of Building Commissioners, Order No. 4263 relative to property located at 5395 N. Genevieve -- David and Lisa Duncan. (See Attached) Ward 4 Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the order of the Board of Building Commissioners, as described in Order No. 4263 , dated July 14 , 1997 . TO BE HEARD AT 10 : 00 A.M. 20 . Appeal hearing -- Board of Building Commissioners, Order No. 4197 relative to property located at 363 W. 13th Street -- Abdul R. Simjee . (See Attached) Ward 2 7 11/3/1997 20 . Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the order of the Board of Building Commissioners, as described in Order No. 4197, dated June 16, 1997 . Planning & Building Services TO BE HEARD AT 10 :00 A.M. 21 . Public hearing - adoption of the 1994 Model (State) Building Codes and amendments - Chapter 15 of the San Bernardino Municipal Code . (See Attached) (Ordinance not available at the time of printing. ) An ordinance of the City of San Bernardino amending Sections 15 . 04 . 020, 15 . 04 . 070 , 15 . 04 . 075, 15 . 04 . 077, 15 . 04 . 080, 15 . 04 . 100 , 15 . 04 . 114, 15 . 04 . 120, 15 . 04 . 125, 15 . 04 . 130, 15 . 04 . 133 , 15 . 04 . 163 , 15 . 04 . 165, 15 . 04 . 167, 15 . 04 . 175, 15 . 04 . 177, 15 . 04 . 179, 15 . 04 . 220, 15 . 04 . 221, 15 . 04 . 222, 15 . 04 . 223 , repealing Sections 15 . 04 . 076, 15 . 04 . 112, and adding Sections 15 . 04 . 065, 15 . 04 . 084, 15 . 04 . 105, 15 . 04 . 116, 15 . 04 . 117, 15 . 04 . 118 , 15 . 04 . 119 of the San Bernardino Municipal Code and adopting the Uniform Building Code, 1994 Edition, the Uniform Building Code Standards, 1994 Edition, the Uniform Housing Code, 1994 Edition, the Uniform Administrative Code, 1991 Edition, the Uniform Building Security Code, 1994 Edition, the Uniform Mechanical Code, 1994 Edition, the Uniform Plumbing Code, 1994 Edition, The Uniform Swimming Pool Spa and Hot Tub Code, 1994 Edition, the National Electrical Code, 1993 Edition, the Uniform Code for Solar Energy Installations, 1994 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, NFPA 99C Standard on Gas and Vacuum Systems, 1996 Edition, and amendments thereon. Mayor to open hearing . . . MOTION: That the public hearing be closed; and that said ordinance be laid over for final adoption. 8 11/3/1997 Police TO BE HEARD AT 10 : 00 A.M. 22 . Public hearing - ratifying the proposed Citizens' Option for Public Safety (COPS) Expenditure Plan for FY 1997/98 . (See Attached) (Cost to the City -- $498, 210 .28 [$83 , 399 . 38 from the 1996/1997 Citizens' Option for Public Safety allocation, and $414, 810 . 90 from the 1997/1998 COPS allocation] . ) (Resolution not available at time of printing. ) Resolution of the City of San Bernardino ratifying the proposed Citizens' Option for Public Safety (COPS) Expenditure Plan for FY 1997/98 , submitted by the Chief of Police . Mayor to open the hearing . . . MOTION: That the public hearing be closed; that the Police Department' s proposed expenditure plan for the Citizens' Option for Public Safety Program for FY 1997/98 , submitted by the Chief of Police be ratified; and that said resolution be adopted. END OF PUBLIC HEARINGS STAFF REPORTS Public Works/Engineering 23 . Resolution of the City of San Bernardino authorizing the execution of Grant Deed relative to the sale of City property located at 1505 North Waterman Avenue . (See Attached) (No cost to the City. ) (Resolution not available at time of printing. ) Ward 2 MOTION #1 : That the Director of Public Works be directed and authorized to do all things necessary, including but not limited to the execution of escrow instructions, to complete the sale of City property located at 1505 North Waterman Avenue; and MOTION #2 : That said resolution be adopted; and MOTION #3 : That the Finance Director be directed to amend the Fiscal Year 1997/98 budget to reflect the additional revenue in the amount of $109, 500, minus the closing costs from the sale of property located at 1505 North Waterman Avenue . 9 11/3/1997 24 . Authorize staff to proceed with the sale of City property located northeast of I-215 , northwest of Little League Drive . (See Attached) (Cost to the City -- $10, 000 from the CFD 995 Appraisal Fees . ) Ward 5 MOTION: That the Director of Public Works/City Engineer be authorized to proceed with the sale of City property, generally located northeast of the I-215 Freeway, northwest of Little League Drive, which is hereby declared surplus and do all things necessary according to established procedures incidental to the sale of said property and payment for appraisal services and title report not to exceed $10 , 000 is hereby authorized. 25 . Approve transfer of funds for environmental review and preparation of plans for the realignment of Inland Center Drive to Mill Street . (See Attached) (Cost to the City $20, 000 from the Gas Tax Fund. ) Ward 3 MOTION: That the transfer of $20, 000 , from Account No. 126- 369-5504-7052 , "Del Rosa Avenue at Route 30 - Restripe for Additional Lane, " to Account No . 126- 369-5504-7113 , " Realignment of Inland Center Drive to Mill Street, " be approved; to provide funds for environmental review and preparation of plans . City Administrator' s Office 26 . Request for waiver of fees - YMCA 20th Annual Children' s Christmas Parade - December 6 , 1997 . (See Attached) (Cost to the City -- $3, 484 . 69 from the General Fund; $237 .75 from the Refuse Fund. ) Ward 1 MOTION #1 : That the request for waiver of fees in the amount of $3 , 484 . 69 for the YMCA 20th Annual Children' s Parade on December 6 , 1997, be approved; or MOTION #2 : That the request for waiver of fees in the amount of $3 , 484 . 69 for the YMCA 20th Annual Children' s Parade on December 6 , 1997, be denied. 10 11/3/1997 Civil Service 27 . Resolution of the City of San Bernardino authorizing the execution of a third amendment to the agreement with Dr. Lawrence Blum to conduct psychological examinations for the Police Department . (See Attached) (Cost to the City -- $10, 000 from the General Fund. ) (Resolution not available at time of printing. ) MOTION: That said resolution be adopted. Finance 28 . Authorize Fiscal Year 1996/97 Continuing Appropriations and Encumbrance Carryovers . (See Attached) MOTION: That the attached report of proposed FY 1996/97 Continuing Appropriation and Encumbrance Carryovers as submitted by the Director of Finance, be approved. Police 29 . Authorize budget amendment to transfer $20 , 400 from Part-Time Dispatch Salaries to Contractual Services to fund contract "Service Desk Clerk" employees . (See Attached) (No increase in overall appropriations; transfer only. ) MOTION: That the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 1997/98 budget and transfer $20 , 400 from Part-Time Dispatch Salaries (001-221-5014) to Contractual Services (001-221-5505) . Water 30 . An ordinance of the City of San Bernardino, California, amending Chapter 13 . 32 of the San Bernardino Municipal Code entitled Wastewater Facilities to revise industrial limits for discharge into sewer system, to require compliance with Federal and State Wastewater Standards, to revise penalties for violation of discharge standards and to make various technical corrections . FIRST READING (See Attached) (Item Continued on Next Page) 11 11/3/1997 30 . Continued. MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS CONTINUED ITEMS Public Services CONTINUED FROM _OCTOBER 6 1997 31 . Progress and status report on Waste Disposal Agreement relative to response to Norcal proposal of June 26, 1997 . (Backup material was distributed on July 21, 1997, Item No. S5; was continued to August 4, 1997, Item No. 23 ; was continued to September 2 , 1997, Item No. 34; and was continued to October 6, 1997, Item No. 43 . ) MOTION: That the status report be received and filed; and that the matter be continued to November 17, 1997 . END OF CONTINUED ITEMS PLANNING ITEMS TO BE HEARD AT 11 : 00 A.M. 32 . Public hearing - Development Code Amendment No . 97-03 - a request to amend Development Code Chapter 19 . 22, Section 19 . 22 . 030 and Table 022 . 01 to permit secondary signage for specified commercial uses . (See Attached) (Ordinance not available at the time of printing. ) An ordinance of the City of San Bernardino amending Chapter 19 . 22 , Section 19 . 22 . 030 and Section 19 . 22 . 160 , Table 022 . 01 of the San Bernardino Municipal Code (Development Code) to add new definitions for secondary signage and to add specific standards for the above listed uses . FIRST READING Applicant : Nix Check Cashing 17019 Kingsview Avenue Carson, CA 90746 (Item Continued on Next Page) 12 11/3/1997 32 . Continued. Request/Location: A request to amend Chapter 19 . 22 , Section 19 . 22 . 030 and Table 022 . 10 of the San Bernardino Municipal Code (Development Code) to permit secondary signage for retail tenants larger than 15, 000 square feet and for service stations and drive-through fast food restaurants . The amendment will affect parcels in all commercial land use districts except CR-3 . Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the ordinance which approves Development Code Amendment No. 97- 03 , be laid over for final adoption based on findings of fact attached to the Staff Report dated October 16, 1997, from Michael Hays, Director of Planning and Building Services . TO BE HEARD AT 3 : 00 P.M. 33 . Appeal hearing -- Planning Commission action to uphold the Development Review Committee' s approval of Development Permit Type II No. 97-13 , located at 500 Inland Center Drive . (See Attached) Ward 3 Owner: Mano Management Company 500 Inland Center Drive San Bernardino, CA 92408 Applicant : Gresham, Savage, Nolan & Tilden C/O Mark Ostoich 600 N. Arrowhead Avenue, Suite 300 San Bernardino, CA 92401 Appellant : Central City Company/Carousel Mall Request/Location: The appellant is appealing the Planning Commission' s October 7, 1997 action to uphold the Development Review Committee' s September 11, 1997 approval of Development Permit Type II No. 97-13 , a proposal to initiate Phase I of the Inland Center Mall expansion project by constructing a two-level 165, 000 square-foot anchor department store to be occupied by Robinson' s-May and four-level parking structure . The appellant is asking the Mayor and Common Council to overturn the development permit approval . The project is located at 500 Inland Center Drive within the CR-1, Commercial Regional (Malls) , land use district . (Item Continued on Next Page) 13 11/3/1997 33 . Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and approve Development Permit Type II No. 97-13 , based on the findings of fact attached to the Staff Report dated October 23 , 1997, from Michael Hays, Director of Planning and Building Services . END OF PLANNING MATTERS 14 11/3/1997 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMIVIISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMNIISSION MATTERS MONDAY, NOVEMBER 3, 1997 - 2:00 P.M. PRESENT: ABSENT: NOTICE: At this time, the Mayor and Common Council, acting as the Community Development Commission, will take action on items on the Economic Development Agency (Community Development Commission) agenda (s) . 34 . Adjournment . MOTION: That the meeting be adjourned. NOTE: The next regular meeting is scheduled for 8 : 00 a.m. , Monday, November 17, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 11/3/1997 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. 16 11/3/1997 SUPPLEMENTAL AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMNIISSION CITY OF SAN BERNARDINO NOVEMBER 3, 1997 City Attorney' s Office Si . Ordinance of the City of San Bernardino amending Section 15 . 16 . 060 of the San Bernardino Municipal Code granting police powers to certain members of the Fire Department . FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. S2 . An ordinance of the City of San Bernardino repealing Chapter 3 . 52 of the San Bernardino Municipal Code and adding Chapter 3 . 54 to the San Bernardino Municipal Code relating to transient lodging tax. FIRST READING MOTION: That said ordinance be laid over for final adoption. S3 . Resolution of the Mayor and Common Council of the City of San Bernardino submitting to the voters a ballot measure relating to the City' s transient lodging tax. MOTION: That said resolution be adopted. 1 11/3/1997 S4 . Resolution of the Mayor and Common of the City of San Bernardino calling a general municipal election to submit to the electors for their approval a ballot measure relating to the City' s transient lodging tax. MOTION: That said resolution be adopted. City Clerk' s Office S5 . Resolution of the Mayor and Common Council of the City of San Bernardino repealing Resolution No. 97-199 and submitting to the voters a ballot measure relating to the City' s service users tax. MOTION: That said resolution be adopted. S6 . Resolution of the Mayor and Common Council of the City of San Bernardino repealing Resolution No. 97-200 and calling a general municipal election to submit to the electors for their approval a ballot measure relating to the City' s service users tax. MOTION: That said resolution be adopted. 2 11/3/1997 Public Works/Engineering S7 . Approve transfer of funds and ratification of issuance of purchase order - emergency repairs to slope for west frontage road to Route 330 Freeway. (See Attached) (Cost to the City - - $10, 000 from the Gas Tax Fund. ) Ward 4 MOTION #1 : That the transfer of $10, 000 , from Account No. 126-369-5504-7008 , "40th Street/Third to Acre Lane Widening, " to Account No. 126-369-5504- 7114 , "Emergency Repairs - Slope, west frontage road, " be approved; and MOTION #2 : That the issuance of a purchase order for construction of a retaining wall, as a part of the emergency repairs to the slope of the west of frontage road for the Route 330 Freeway, north of Highland Avenue, be ratified. 3 11/3/1997