HomeMy WebLinkAbout12-1-1997 Jt. Reg Mtg Agenda AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMIVIISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, DECEMBER 1, 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) :
Lawrence Crain vs . City of San Bernardino, Douglas
Domino, Vincent Kutch, Leland Chennault , Jennifer Aragon-
Kaufman, Michael Desrocher - United States District Court
Case No. CV 97-5227 SVW (CWx) ;
Kleitz vs . County of San Bernardino, et al . - United
States District Court Case No. EDCV 97-209 RT;
State of California ex rel . Stull vs . Bank of America NT
& SA - San Francisco Superior Court Case No. 968-484 ;
Saman vs . City of San Bernardino, et al . - United States
District Court Case No. CIV 93-0448 RAP (RMCx) .
(Item Continued on Next Page)
1 12/1/1997
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 .
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 54957 .
END OF CLOSED SESSION
2 12/1/1997
RECONVENE MEETING - 9 : 00 A.M.
PRESENT:
ABSENT:
INVOCATION:
PLEDGE :
2 . Appointments .
A. Appointment - Peter R. Baeza - Human Relations Commission
- Council Member Arias . (See Attached)
MOTION: That the appointment of Peter R. Baeza to the
Human Relations Commission, as requested by
Council Member Arias, be approved.
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 15 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.
3 12/1/1997
7 . Council Minutes .
MOTION: That the minutes of the following meeting of the
Mayor and Common Council of the City of San
Bernardino be approved as submitted in typewritten
form:
September 15, 1997 (Distributed on 11/24/97)
8 . Claims and Payroll . (See Attached)
MOTION: That the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated
November 24 , 1997 from Barbara Pachon, Director of
Finance, be approved.
9 . Personnel Actions . (See Attached)
MOTION: That the personnel actions submitted by the Chief
Examiner dated November 12 , 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.
City Clerk' s Office
10 . Resolution of the City of San Bernardino confirming cost of
abatements and imposing liens on certain parcels of real
property located within the City of San Bernardino for the
costs of the abatement of public nuisances . (Building
Abatements) (See Attached)
MOTION: That said resolution be adopted; and that the City
Clerk be directed to administratively remove any
properties from Exhibit "A" which have been paid.
Finance
11 . Resolution of the City of San Bernardino authorizing the
increase of $20, 000 on Purchase Order #991389 to Xerox
Corporation. (See Attached) (Cost to the City -- $20, 000 from
the Print Shop Fund. )
MOTION: That said resolution be adopted.
4 12/1/1997
Police
12 . Resolution of the City of San Bernardino authorizing the
execution of a lease agreement with Tri-Cities Investment
Company for lease of certain real property known as the Police
Community Service Office for Area "E" , 1993 South Diners
Court . The term of the agreement is for a period of one year.
(See Attached) (Cost to the City -- $1 . 00 per year from the
General Fund) Ward 3
MOTION: That said resolution be adopted.
Public Services
13 . Resolution of the Mayor and Common Council of the City of San
Bernardino awarding an increase to the annual purchase order
to Amrep, Inc . , for parts and repairs and Fairview Ford for
parts and repair services to be utilized by the Fleet Division
of Public Services Department of the City of San Bernardino.
(See Attached) (Cost to the City -- $160, 000 from the Motor
Pool Fund. )
MOTION: That said resolution be adopted.
Public Works/Engineerincr
14 . Resolution of the City of San Bernardino awarding a contract
to New West Signal for traffic signal modifications on Fifth
Street at "D" Street, Arrowhead Avenue, and Mountain View
Avenue; and at Sixth Street and "F" Street . (See Attached)
(Cost to the City -- $80, 000 from the Gas Tax Fund. )
Ward 1
MOTION: That said resolution be adopted.
15 . Approve plans and authorize advertisement for bids - repair
failed box culverts and install cross gutters . (See Attached)
(Cost to the City -- $75, 000 from the Storm Drain Construction
Fund. ) Wards 2 & 7
MOTION: That the plans for repair of failed concrete box
culverts at various locations, in accordance with
Plan No. 9724 ; and the plans for installation of
cross gutters on 16th Street at "E" Street and
Arrowhead Avenue, in accordance with Plan No . 9725,
be approved; and that the Director of Public
Works/City Engineer be authorized to advertise for
bids .
END OF CONSENT CALENDAR
5 12/1/1997
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 TO 10 : 00 A M
16 . Appeal hearing - Board of Building Commissioners' Order No
4231 relative to property located at 1095 W. Spruce Street -
Maurice Peters . (See Attached) Ward 1
Mayor to open 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. 4231, dated June 16, 1997 .
TO BE HEARD AT 10 : 00 A.M.
17 . Appeal hearing - Board of Building Commissioners' Order No .
4322 -relative to property located at 2102 State Street -
Maria D . Romero. (See Attached) Ward 6
Mayor to open 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. 4322 , dated August 18 , 1997 .
END OF PUBLIC HEARINGS
STAFF REPORTS
City Administrator' s Office
18 . Resolution of the City of San Bernardino amending Resolution
No. 6413 entitled in part, "A resolution . . . establishing a
basic compensation plan . by updating information
codifying prior Council action. (Management & Confidential)
(See Attached) (Cost to the City - $52, 100 for FY 1998/99 from
various funds. ) (Resolution not available at time of
printing. )
(Item Continued on Next Page)
6 12/1/1997
18 . Continued.
MOTION: That said resolution be adopted.
City Clerk' s Office
19 . Resolution of the Mayor and Common Council of the City of San
Bernardino, California, reciting the fact of the consolidated
Primary Municipal Election held in said City on the 4th day of
November, 1997, declaring the results thereof and setting
forth such other matters as are provided by law. (See
Attached)
MOTION: That said resolution be adopted.
20 . Resolution of the City of San Bernardino requesting that the
Board of Supervisors of the County of San Bernardino permit
the County Registrar of Voters to render services to the City
of San Bernardino relating to a General Municipal Election to
be held on February 3 , 1998 . (See Attached) (Resolution not
available at time of printing. )
MOTION: That said resolution be adopted.
Finance
21 . Authorize disposition of eight ambulances purchased for
Emergency Medical Services Program. (See Attached) (Cost to
the City -- $193, 709 . 82 from the EMS Enterprise Fund. )
MOTION: That the Mayor and Common Council authorize the
following:
1 . Authorize the Purchasing Manager to sell two
of the eight ambulances to the Running Springs
Water District for $60 , 000 each; proceeds of
the sale will be paid directly to the lessor
in lieu of returning two of the eight
ambulances; and
(Item Continued on Next Page)
7 12/1/1997
21 . Continued.
2 . Authorize the Purchasing Manager to sell the
equipment listed on the attachment to Running
Springs Water District for $12 , 423 . 56 ; and
3 . Authorize the return of the six remaining
ambulances to the lessor; and
4 . Authorize the Director of Finance to issue
payment of $193 , 709 . 82 to the lessor in
accordance with terms of the lease-purchase
agreement and concurrent with the return of
the ambulances .
Personnel
22 . Resolution of the City of San Bernardino approving a side
letter to Resolution No. 89-129, Resolution establishing
Management and Confidential Compensation and Benefits Plan,
amending Section H, PERS, and adding Section V, Uniform
Allowance for Fire Safety Management Employees, effective as
of December 1, 1997, with Council approval . (See Attached)
(Cost to the City -- $9, 200/Year One & $17,400/Year Two from
the General Fund. ) (Resolution not available at time of
printing. )
MOTION: That said resolution be adopted.
Public Services
TO BE HEARD AT 12 : 00 P.M.
23 . Luncheon workshop - 12 noon - Fourth Floor Conference room -
relative to transfer station/Material Recovery Facility
Feasibility Study. (See Attached)
END OF STAFF REPORTS
8 12/1/1997
CONTINUED ITEMS
Public Works/Engineering
CONTINUED FROM NOVEMBER 17, 1997
24 . Resolution of the City of San Bernardino awarding a contract
to Guzman Construction for construction of a storm drain, from
Mill Street and Rancho Avenue to Chestnut Street and Macy
Street . (Backup material was distribute on November 17, 1997,
Item No. 19, new Staff Report attached. ) (Cost to the City -
$297, 000 from the Storm Drain Construction Fund. ) Ward 3
MOTION #1 : That the transfer of $149 , 000 , from Account
No . 248-368-3405, "Unappropriated Reserve, " to
Account No. 248-368-5504-7079, "Storm Drain -
Mill Street, from Rancho Avenue to Iris
Street, " be approved; and
MOTION #2 : That said resolution be adopted.
END OF CONTINUED ITEMS
PLANNING ITEMS
Planning & Building Services
TO BE HEARD AT 11:00 A.M.
25 . Public hearing - adoption of an ordinance amending Sections
13 . 08 . 55 and 15 . 75 . 065 of the San Bernardino Municipal Code
and Section 19 . 30 . 320 of the San Bernardino Development Code,
relating to deferral of certain development fees . (See
Attached)
An ordinance of the City of San Bernardino amending Sections
13 . 08 . 055 and 15 . 73 . 065 of the San Bernardino Municipal Code
and Section 19 . 30 . 320 of the Development Code relating to
deferral of certain development fees . FIRST READING
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance
be laid over for final adoption.
9 12/1/1997
TO BE HEARD AT 11 : 00 A.M.
26 . Public hearing - resolution amending Resolution Nos . 88-140,
89-510 and 93-381 relating to the deferral of certain
development fees . (See Attached)
Resolution of the Mayor and Common Council of the City of San
Bernardino amending Resolution Nos . 88-140 , 89-510 and 93-381
relating to the deferral of certain development fees .
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.
27 . Public hearing - an ordinance amending Section 15 . 28 . 140 of
Title 15 of the San Bernardino Municipal Code relating to
placards used to denote conditions relating to continued
occupancy of buildings after a disaster. (See Attached)
(Ordinance not available at time of printing. )
An ordinance of the City of San Bernardino amending Section
15 . 28 . 140 of Title 15 of the San Bernardino Municipal Code
relating to placards used to denote conditions relating to
continued occupancy of buildings after a disaster. FIRST
READING
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance
be laid over for final adoption.
END OF PLANNING MATTERS
10 12/1/1997
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION MATTERS
MONDAY, DECEMBER 1, 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) .
28 . Adjournment .
MOTION: That the meeting be adjourned.
NOTE: The next regular meeting is scheduled for 8 : 00 a .m. ,
Monday, December 15, 1997, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
11 12/1/1997
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.
12 12/1/1997
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
DECEMBER 1, 1997
City Administrator' s Office
S1 . Authorize City Administrator Fred Wilson and Finance Director
Barbara Pachon to submit the impartial fiscal analysis of the
measure related to the Transient Lodging Tax. (See Attached)
MOTION: That the City Administrator and the Finance
Director be authorized to prepare an impartial
fiscal analysis of the measure related to the
Transient Lodging Tax.
S2 . Resolution of the City of San Bernardino approving an addendum
to agreement for professional services with The City
Associates, Inc . (See Attached) (Cost to the City -- $25, 000
from the General Fund for the addendum; [Note: Total cost of
contract - $50, 000 is 50% reimbursed by CDBG. ) (Resolution
not available at time of printing. )
MOTION #1: That said resolution be adopted; and
MOTION #2 : That the Mayor and Common Council of the City
of San Bernardino authorize the Director of
Finance to transfer $50, 000 from Code
Compliance salaries to the Code Compliance
Professional/Contractual budget to fund the
cost of the City' s contract with The City
Associates, Inc . , for interim management of
the Code Compliance Division.
1 12/1/1997
Council Office
S3 . Discussion relative to fireworks . (See Attached)
MOTION #1 : That the future sale of fireworks be limited
to persons 18 years of age or older; and
MOTION #2 : That no fireworks activity will exist north of
the northern most boundary of Route 30 (Cross-
Town freeway) ; and
MOTION #3 : That a sales curfew for fireworks exist
between 8 : 00 p.m. and 8 : 00 a.m.
i
S4 . Request for closed session. i
i
MOTION: That the Mayor and Common Council and the Community i
Development Commission recess to closed session for
the following:
A. Conference with legal counsel - existing litigation -
pursuant to Government Code Section 54956 . 9 (a) :
Richard Jimenez vs . City of San Bernardino - United
States District Court Case No . CV 97-0086 RT.
I
i
2 12/1/1997
AGENDA
MAYOR AND COMMON COUNCIL AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
"December 1, 1997 -2:00 p.m."
(Joint Regular Meeting)
Council Chambers, City Hall
The City of San Bernardino Economic Development Agency recognizes its obligation to provide
equal access to public services 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:
ROLL CALL:
PRESENT:
ABSENT:
------------------------------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS
----------------- -----------------
---------------------
CONSENT CALENDAR
MOTION: That the motions indicated by Consent Calendar items numbered "2"through "6",
be adopted, except for items numbered:
2. WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES
(Mayor and Common Council)
(Community Development Commission)
MOTION: That full reading of the Resolutions and Ordinances on the regular, supplemental,
and addendum to the supplemental agenda(s), be waived.
----------------- -----------------
----------------------------------------------------------------
JOINT REGULAR MEETING COMMISSION AGENDA
TCS:Imp:cdc97-12r 1 Date:December 1, 1997
3. COMMUNITY DEVELOPMENT COMMISSION MINUTES
(Community Development Commission)
MOTION: That the minutes of the Community Development Commission for the meeting of
November 17, 1997, be approved as submitted in typewritten form.
----------------- -----------------
4. CONTINUATION OF THE 9/80 WORK SCHEDULE
(Community Development Commission)
MOTION: That the Community Development Commission extend the Economic
Development Agency's 9/80 Work Schedule through December 1, 1998, in
conformance with the City's adopted 9/80 Work Schedule.
----------------- -----------------
5. CONTRACT REPLACEMENT OF SPORT/SECURITY LIGHTING AT KERWIN FIELD
(Mayor and Common Council)
MOTION: RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO DAVID-RICHARDS ELECTRIC FOR REPLACEMENT OF
SPORT/SECURITY LIGHTING AT KERWIN FIELD.
----------------- -----------------
6. NISSAN DEALERSHIP -CERTIFICATE OF COMPLETION
(Community Development Commission)
MOTION: That the Community Development Commission continue this matter until
December 15, 1997.
----------------- -----------------
END OF CONSENT CALENDAR
----------------------------
------------------
COMMITTEE CONSENT CALENDAR
----------------------------------------------------------------
JOINT REGULAR MEETING COMMISSION AGENDA
TCS:Imp:cdc97-12r 2 Date:December 1, 1997
MOTION: That the motion indicated by Committee Consent Calendar items numbered "T'
through "10" be adopted, except for items numbered:
7. COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE
CITY OF SAN BERNARDINO
(Mayor and Common Council)
MOTION: That the Mayor and Common Council authorize the execution of the Cooperation
Agreement with the County of San Bernardino for the issuance of Multifamily
Housing Revenue Bonds (Village Green Project).
----------------- -----------------
8. COTT BEVERAGES USA. INC.
(Community Development Commission)
MOTION: That the Community Development Commission approve a commitment of support
of Cott Beverage USA, Inc., substantially in accordance with the terms and
conditions set forth in the Staff Report; and further, recommend that the Agency
Administrator be authorized to negotiate and draft and Owner Participation
Agreement with Cott Beverages USA., Inc., and all other implementing
documentation to be submitted for final approval by the Community Development
Commission.
----------------- -----------------
9. AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND THE MAC FOUNDATION
(Community Development Commission)
MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CONSENT TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, MORE ATTRACTIVE COMMUNITY
FOUNDATION, AND KENT TWITCHELL RELATIVE TO WILL ROGERS
MURALS.
----------------- -----------------
----------------------------------------------------------------
JOINT REGULAR MEETING COMMISSION AGENDA
TCS:Imp:cdc97-12r 3 Date: December 1, 1997
10. AHP SUBSIDY
(Community Development Commission)
MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AFFORDABLE HOUSING SUBSIDY AGREEMENT BETWEEN THE ECONOMIC
DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND COAST
FEDERAL BANK, FEDERAL SAVINGS BANK.
----------------- -----------------
END OF COMMITTEE CONSENT CALENDAR
----------------------------
TO BE HEARD AT 2:00 P.M.
11. PUBLIC HEARING - IMPLEMENTATION PLAN REVIEW—(A131 290)
(Mayor and Common Council)
MOTION: That the Mayor and Common Council continue this matter until December 15,
1997.
----------------- -----------------
12. ADJOURN TO CLOSED SESSION
Pursuant to Government Code Section 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 303 West 3rd Street
San Bernardino
Negotiating Parties: United States Government; Timothy C. Steinhaus on behalf of the
Economic Development Agency
Under Negotiation: Price and Terms of Payment
----------------- ----------------
----------------------------------------------------------------
JOINT REGULAR MEETING COMMISSION AGENDA
TCS:Imp:cdc97-12r 4 Date: December 1, 1997
13. ADJOURNMENT
MOTION: That the meeting of the Mayor and Common Council and the Community
Development Commission be adjourned.
----------------- ----------------
----------------------------------------------------------------
JOINT REGULAR MEETING COMMISSION AGENDA
TCSAmp:cdc97-12r 5 Date: December 1, 1997
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL AND THE/
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
"December 1, 1997-2:00 p.m."
(Joint Regular Meeting)
Council Chambers, City Hall
RS-1. ADJOURN TO CLOSED SESSION
MOTION: That the Mayor and Common Council and the Community Development
Commission adjourn to closed session to discuss the following:
Pursuant to Government Code Section 54956.8
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 530-550 West 4th Street
San Bernardino
Negotiating Parties: Hyman Shave Trust, et al; Timothy C. Steinhaus on behalf of the
Economic Development Agency
Under Negotiation: Price and Terms of Payment
----------------- -----------------
----------------------------------------------------------------
JOINT REGULAR MEETING SUPPLEMENTAL AGENDA
TCS:Imp:cdc1297.sup 1 Date:December 1, 1997