Loading...
HomeMy WebLinkAbout04-17-2000 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 17, 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. 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): Rose Mihata vs. City of San Bernardino, et al. — San Bernardino Superior Court Case No. SCV 30467. 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. (Item Continued on Next Page) 1 4/17/2000 1. Continued. 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: 1. Property Address: Northwest corner of Tippecanoe and I-10 Freeway Negotiating Parties: Ronald E. Winkler on behalf of the Economic Development Agency and Arthur Pearlman, Pearlman/Hopkins Under Negotiation: Purchase terms and conditions 2. Property Address: Northwest corner 5th & "E" Streets Negotiating Parties: Ann Harris and Maggie Pacheco on behalf of the Economic Development Agency and TELACU and Al Steward of Steward & Associates Under Negotiation: Purchase terms and conditions END OF CLOSED SESSION 2 4/17/2000 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments: A. San Bernardino Associated Governments (SANBAG) Board of Directors - Council Member Lien - Alternate Member. B. Planning Commission - Mike Sauerbrun - Council Member McCammack. (See Attached) C. Police Commission - George W. Schnarre - Council Member McCammack. (See Attached) D. Fire Commission - reappointment - Lawrence A. Veres - Council Member McCammack. (See Attached) E. Inland Valley Development Agency (IVDA) Board of Directors - Council Member Estrada - Member Appointment. (See Attached) F. Inland Valley Development Agency (IVDA) Board of Directors - Council Member McGinnis - Alternate Member Appointment. (See Attached) G. San Bernardino International Airport Authority (SBIAA) Board of Directors - Council Member Frank Schnetz - Member Appointment. (See Attached) H. San Bernardino International Airport Authority (SBIAA) Board of Directors - Council Member Joe Suarez - Alternate Member Appointment. (See Attached) MOTION: That the appointments A-H, as requested by Mayor Valles and Council Member McCammack, be approved. 3 4/17/2000 3. Presentations: A. Service Pin Awards Ceremony. 4. Announcements by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 30, 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. (See Attached) 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: February 22, 2000 (Distributed on 4/10/00) March 6, 2000 (Distributed on 4/10/00) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 11, 2000 from Barbara Pachon, Director of Finance, be approved. 4 4/17/2000 8. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner, dated April 12, 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. Code Compliance LAID OVER FROM APRIL 3, 2000 9. An ordinance of the City of San Bernardino adding Section 10.16.260 to the San Bernardino Municipal Code relating to parking of recreation vehicles on public right-of-way. FINAL READING (Backup material was distributed April 3, 2000, Item No. 21.) MOTION: That said ordinance be adopted. LAID OVER FROM APRIL 3, 2000 10. An ordinance of the City of San Bernardino amending Section 8.36.050 of the San Bernardino Municipal Code related to administration and enforcement of abandoned vehicles. FINAL READING (Backup material was distributed April 3, 2000, Item No. 22.) MOTION: That said ordinance be adopted. LAID OVER FROM APRIL 3, 2000 11. An ordinance of the City of San Bernardino amending Section 8.36.100 of the San Bernardino Municipal Code related to public hearing for abandoned vehicles. FINAL READING (Backup material was distributed April 3, 2000, Item No. 22.) MOTION: That said ordinance be adopted. 5 4/17/2000 LAID OVER FROM APRIL 3, 2000 12. An ordinance of the City of San Bernardino amending Section 8.36.120 of the San Bernardino Municipal Code related to appeals of vehicle abatement hearing decisions. FINAL READING (Backup material was distributed April 3, 2000, Item No. 22.) MOTION: That said ordinance be adopted. 13. 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 Code Compliance Division administratively remove any properties from Exhibit "A" which have been paid. Development Services 14. Authorize staff to proceed with proposed vacation of a portion of the north/south alley north of 20th Street between Guthrie Street and Newcomb Street, and approve Plan No. 10070. (See Attached) (No cost to the City -- $1,000 processing fee to be paid by applicant.) Ward 7 MOTION #1: That the Director of Development Services and the City Clerk be authorized to proceed with the vacation of a portion of the north/south alley north of 20th Street, between Guthrie Street and Newcomb Street; and MOTION #2: That Plan No. 10070 showing the proposed vacation of portions of the north/south alley north of 20t11 Street between Guthrie Street and Newcomb Street, be approved. 15. Authorize staff to proceed with formation of a landscape maintenance assessment district in the Waterman Avenue and Washington Street area (Tentative Tract Nos. 15826 8v 15991). (See Attached) (No cost to the City -- $4,000 processing fee to be paid by applicant.) Ward 3 6 4/17/2000 (Item Continued on Next Page) 15. Continued. MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under San Bernardino Municipal Code 12.90, with the establishment of a landscape maintenance assessment district in the Waterman Avenue and Washington Street area, within Tentative Tract Nos. 15826 & 15991, to be known as Assessment District No. 1027. 16. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution...prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking any time zone on Pepper Avenue between Rialto Avenue and seven-hundred feet north of Rialto Avenue. (See Attached) (Cost to the City -- $800 from the General Fund.) Ward 3 MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution ... prohibiting parking upon certain designated streets, alleys, or portions thereof...to establish a no parking zone between the hours of 5:00 p.m. and 5:00 a.m. on Seventeenth Street between Sepulveda Avenue and Belle Street. (See Attached) (Cost to the City -- $1,000 from the General Fund.) Ward 2 MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A resolution ... prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking any time zone on Guthrie Street between Twentieth Street and Highland Avenue. (See Attached) (Cost to the City -- $1,000 from the General Fund.) Ward 7 MOTION: That said resolution be adopted. 7 4/17/2000 19. Request for Waiver of Fees - Hispanic Chamber of Commerce - Cinco de Mayo Festival. (See Attached) MOTION: That the request for refund of Temporary Use Permit fee in the amount of $320.00, and the request for waiver of fees in the amount of $9,227.47 for the Inland Empire Hispanic Chamber of Commerce Cinco de Mayo Festival on Sunday, April 30, 2000, be granted. 20. Resolution of the City of San Bernardino authorizing the execution of an agreement with National Plant Services, Inc., for professional services relative to providing special maintenance services for the City's sewage system. (See Attached) (Cost to the City -- $136,000 from the Sewer Line Maintenance Fund.) MOTION: That said resolution be adopted. 21. Resolutions authorizing the execution of agreements for bond counsel, investment banker and assessment engineer - Assessment District No. 1026, Tract No. 10260 and Tentative Tract No. 14112. (See Attached) (No cost to the City -- $162,690 formation and consultant fees to be paid for from deposit by petitioner.) Ward 4 A. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement with the firm of Sabo and Green for legal services relative to the formation of Assessment District No. 1026 for Tract No. 10260 and Tentative Tract No. 14112. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement with the firm of Miller & Schroeder Financial, Inc., for investment banking services relative to the formation of Assessment District No. 1026 for Tract No. 10260 and Tentative Tract No. 14112. (Resolution not available at time of printing.) (Item Continued on Next Page) 8 4/17/2000 21. Continued. C. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement with the firm of GFB-Friedrich 8a Assoc., Inc., for assessment engineering services relative to the formation of Assessment District No. 1026 for Tract No. 10260 and Tentative Tract No. 14112. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. Facilities Management 22. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Western Allied Services Company for design/build of an energy-efficient replacement of a chiller at the Galaxy Recreation Center and all design, structural, mechanical, electrical and roof repair work. (See Attached) (No cost to the City - $12,793 annual cost anticipated to be recovered in energy savings.) (Resolution not available at time of printing.) Ward 1 MOTION #1: That said resolution be adopted; and MOTION #2: That the Director of Finance be authorized to solicit lease-purchase rate quotes under the existing Master Lease Agreements and to award a lease purchase contract to the lowest responsible leasing company. 23. Resolution of the Mayor and Common Council of San Bernardino awarding a contract to Ken's Construction Service for the ADA modernization of City Hall restrooms on the second and third floor. (See Attached) (Cost to the City -- $54,280 from CDBG Program funds.) Ward 1 MOTION: That said resolution be adopted. Fire 24. Set Luncheon Workshop - May 15, 2000 at 12:00 p.m. in the Economic Development Agency Board Room - presentation by Fire Department Response Time Standards Ad Hoc Committee. (Item Continued on Next Page) 9 4/17/2000 24. Continued. MOTION: That a luncheon workshop be set for Monday, May 15, 2000 at 12:00 p.m. in the Economic Development Agency Board Room to hear a presentation by the Fire Department Response Time Standards Ad Hoc Committee. Police 25. 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 California State University, San Bernardino allowing the University to use the City of San Bernardino Police Department's firing range. (See Attached) (No cost to the City - $1,040 anticipated additional annual General Fund revenue.) MOTION: That said resolution be adopted. Public Services 26. Resolution authorizing an increase in the annual purchase orders to Parkhouse Tires, Inc., "Y" Tire Sales and Viking Auto Center for new light duty vehicle tires and recapped heavy equipment tires, and a reduction in the annual purchase orders to Parkhouse Tires, Inc., "Y" Tire Sales and Viking Auto Center for new heavy equipment tires. (See Attached) (Cost to the City -- $32,000 from the Motor Pool Fund.) MOTION: That said resolution be adopted. 27. A resolution of the City of San Bernardino authorizing an increase in the annual purchase order to Fairview Ford for materials and services to support the City's light vehicle fleet to be utilized by the Fleet Division of the Public Services Department. (See Attached) (Cost to the City -- $21,000 from the Motor Pool Fund.) MOTION: That said resolution be adopted. 28. Resolution of the City of San Bernardino authorizing an increase to the purchase order to Fourth Street Rock for disposal of street sweeping materials. (See Attached) (Cost to the City -- $20,000 from the Refuse Fund.) MOTION: That said resolution be adopted. 10 4/17/2000 29. Resolution of the City of San Bernardino authorizing the execution of a purchase order to UEMSI for one (1) sewer video camera system to be utilized by the Sewer Maintenance Division of the Public Services Department. (See Attached) (Cost to the City -- $32,698.06 from the Sewer Line Maintenance Fund.) MOTION: That said resolution be adopted. 30. Item Deleted. END OF CONSENT CALENDAR PUBLIC HEARINGS City Clerk TO BE HEARD AT 10:00 A.M. 31. Public hearing - resolution imposing liens on certain parcels of real property located in the City of San Bernardino. (See Attached) Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor to open the hearing . . . MOTION: That the hearing be closed; that the City Clerk be directed to administratively removed any properties from Exhibit A, which have been paid prior to the hearing; and that said resolution be adopted. Development Services TO BE HEARD AT 10:00 A.M. 32. Public meeting - Palm and Washington Landscape Maintenance Assessment District - Tract No. 15743. (See Attached) (Cost to the City -- $1,071 annual cost from the General Fund.) Ward 5 Mayor to open the hearing . . . (Item Continued on Next Page) 11 4/17/2000 32. Continued. MOTION: That the public meeting; relative to the formation of the Palm and Washington Area Landscape Maintenance Assessment District, to be known as Assessment District No. 1025, be closed and protests, if any, be carried over to the public hearing on May 15, 2000, at 10:00 a.m. END PUBLIC HEARINGS STAFF REPORTS Fire 33. An ordinance of the City of San Bernardino amending Chapter 8.60 and Chapter 8.63 of the San Bernardino Municipal Code relating to fireworks, explosives and fires. FIRST READING (See Attached) (No cost to the City.) (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. CONTINUED ITEMS City Administrator CONTINUED FROM MARCH 6, 2000 34. Ordinance of the City of San Bernardino dissolving Community Facilities District No. 995. FIRST READING (Backup material was distributed March 6, 2000, Item No. 25.) Ward 5 MOTION: That the matter be continued to the meeting of May 15, 2000. Code Compliance CONTINUED FROM APRIL 3, 2000 35. An ordinance of the City of San Bernardino adding Section 10.16.250 to the San Bernardino Municipal Code relating to parking vehicles on unpaved parcels of real property. FIRST READING (See New Staff Report and Ordinance Attached) (Backup material was distributed on April 3, 2000, Item No. 20.) (Item Continued on Next Page) 12 4/17/2000 35. Continued. MOTION: That said ordinance be laid over for final adoption. END OF CONTINUED ITEMS PLANNING ITEMS Development Services TO BE HEARD AT 11:00 A.M. 36. Appeal hearing - Planning Commission's approval of Conditional Use Permit No. 99-17 to allow for the establishment of a transfer facility for the collection and transfer of greenwaste and other organic materials. (See Attached) Ward 6 Applicant: David Hardy California Bio-Mass, Inc. 10397 Alder Avenue Bloomington, CA 92316 Appellant: Cimarron Ranch Neighborhood Assoc. P O Box 9466 San Bernardino, CA 92427 Request: The applicant requests approval of Conditional Use Permit under authority of Development Code Section 19.06.030 (2)(P) to establish and operate a transfer facility for the collection and transfer of green waste and other organic materials and finished product, bagging/warehousing and marketing. Mayor to open the hearing . . . MOTION: That the Mayor and Common Council close the hearing, deny the appeal and uphold the Planning Commission's adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of Conditional Use Permit No. 99-17, based on the Findings of Fact contained in the Planning Commission's Staff Report, subject to the Conditions of Approval as amended and Standard Requirements. END OF PLANNING ITEMS 13 4/17/2000 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BER:NARDINO NOTE: There are no Community Development Commission items agendized for this meeting; therefore, the meeting will adjourn following public comments. 37. 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.) 38. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, May 1, 2000, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 14 4/17/2000 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. 15 4/17/2000 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO SUPPLEMENTAL AGENDA APRIL 17, 2000 City Attorney S1. Authorization to join amicus curiae brief in support of the City and County of San Francisco in the case of University of California, Hastings v. City and County of San Francisco. (No documents available at time of printing.) MOTION: That the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief in support of the City and County of San Francisco in the case of University of California, Hastings v. City and County of San Francisco, First Appellate District, Case No. 89183. S2. Authorization to execute a Professional Services Agreement between the City of San Bernardino and the law firm of Lewis, D'Amato, Brisbois & Bisgaard to represent the City in the case of Jaime Alvarez, et al. v. City of San Bernardino, et al. (No documents available at time of printing.) MOTION: That the Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City of San Bernardino the Professsional Services Agreement with the law firm of Lewis, D'Amato, Brisbois 8v Bisgaard to represent the City in the Case of Jamie Alvarez, et al. v. City of San Bernardino, et al., United States District Court Case No. 00-03048 GHK (Rcx). S3. Request for Closed Session. A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino Municipal Water Department v. U.S. Department of Defense, United States District Court Case No. CV 96-8867-MRPP (VAPx). 1 4/ 17/2000 Council Office S4. Appointment of Council Committees. (See Attached) MOTION: That the Mayor and Common Council approve the following Council Committee appointments: Council Parliamentarian Betty Anderson CDC Vice-Chairperson Betty Anderson Council Committees -- Regular Meetinjgs Legislative Review Committee - McGinnis, Ch.; Lien, Schnetz Personnel Committee - Anderson, Ch.; Suarez, McCammack Redevelopment Committee - Anderson, Ch.; Estrada, Suarez Ways & Means Committee - Schnetz, Ch.; McGinnnis, McCammack Council Committees - At Call of Chair CDBG Funding Review Ad Hoc Comm. - Lien, Ch.; Estrada McCammack California Theatre Ad Hoc Committee - Mayor, Estrada, Anderson Corridor Beautification Committee - Suarez Fire Equipment Ad Hoc Committee - Schnetz, Ch.; Anderson Water Resources Ad Hoc Committee - Estrada, Ch.; Lien Police Ad Hoc Committee - McCammack, Ch.; Lien Committee To Review Ad Hoc Comm. - Anderson, Ch.; Estrada Court House Ad Hoc Committee - Mayor, Estrada, Schnetz, Anderson, City Attorney Outside Committees Fire Dept. Planning Standards Ad Hoc - Estrada, Lien League of CA Cities Community Services Policy Committee - Schnetz League of CA Cities Inland Empire Division - McGinnis, Anderson (Alt) 2 4/ 17/2000