HomeMy WebLinkAbout08-21-1999 Jt Reg Mtg Agenda r
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, AUGUST 2, 1999 — 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 Pages 12 & 13)
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):
Naail Anwya, et al. vs. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 49495;
City of San Bernardino vs. State of California Department of
Mental Health - San Bernardino Superior Court Case No.
SCV 36995.
(Item Continued On Next Page)
1 8/2/1999
1. Continued.
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.
D. Conference with legal counsel - personnel - pursuant to
Government Code Section 54957.
E. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
F. 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.
G. Conference with labor negotiator - pursuant to Government
Code Section 54957.6.
END OF CLOSED SESSION
2 8/2/1999
f
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
Appointment - Teresa S. Enciso - Human Relations Commission -
Council Member Estrada. (See Attached)
MOTION: That the appointment of Teresa S. Enciso to the
Human Relations Commission, as requested by
Council Member Estrada, be approved.
3. Presentations:
4. Announcements by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 20, be adopted except for ,
and
S. 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 and Community Development Commission be
waived.
3 8/2/1999
6. Minutes.
MOTION: That the minutes of the following meetings of the
Mayor and Common Council and Community
Development Commission of the City of San
Bernardino be approved as submitted in typewritten
form:
June 9, 1999 (Distributed 7/26/99)
June 23, 1999 (Distributed 7/26/99)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
July 27, 1999, 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 July 28, 1999, 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 Administrators' Office
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with
Omnitrans to administer a Passenger Amenities Program at
current and future bus stop zones. (See Attached) (No cost to the
City.)
MOTION: That said resolution be adopted.
City Treasurer
10. Resolution of the Mayor and Common Council of the City of San
Bernardino acknowledging the receipt and filing of the Annual
Statement of Investment Policy for the year 1999. (See Attached)
(No cost to the City.)
MOTION: That said resolution be adopted.
4 8/2/1999
Development Services
LAID OVER FROM JULY 19, 1999
11. Ordinance of the City of San Bernardino amending and repealing
various Sections of Chapter 15.12 of the San Bernardino Municipal
Code relating to earthquake hazard reduction in existing buildings.
FINAL READING (May 17, 1999 backup material was
distributed as Item No. 23; June 7, 1999, Item No. 9,
ordinance was laid over for final adoption; June 21, 1999,
Item No. 35, item continued to July 6, 1999; on July 6, 1999,
Item No. 24, new ordinance title presented and continued to
July 19, 1999.)
MOTION: That said ordinance be adopted.
12. Authorize initiation of a Development Code Amendment - Surface
Mining and Land Reclamation Provisions. (See Attached) (Cost to
the City -- $2,000 from the General Fund.)
MOTION: That the Mayor and Common Council direct planning
staff to prepare an amendment to the Development
Code to incorporate recent changes to the Surface
Mining and Reclamation Act.
13. Resolution of the City of San Bernardino accepting the appraiser's
determination of fair market value for the acquisition of right of
way easements from certain parcels of land located on the south
side of Hospitality Lane and the east side of Waterman Avenue,
certifying the work of the appraiser and authorizing payment for
acquisition of said easements. (See Attached) (Cost to the City --
$36,820 from State Senate Bill 300 Funds.) Ward 3
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Colarossi Construction for
installation of street trees along Highland Avenue from "E" Street
to Waterman Avenue per Plan 9845. (See Attached) (Cost to the
City -- $200,000 from Community Development Block Grant
Funds.) (Contract documents available in the City Clerk's
Office.) Wards 2 & 7
MOTION: That said resolution be adopted.
5 8/2/1999
15. Authorize execution of Contract Change Order No. Four - CDE
Resources, Inc. - street improvements on Mill Street between Lena
Road and Tippecanoe Avenue per Plan No. 9487. (See Attached)
(Cost to the City -- $7,728.46 from the Street Construction
Fund.) Ward 1
MOTION: That Contract Change Order No. Four to the contract
with CDE Resources, Inc., be approved for additional
pavement grinding to re-profile the roadway on a time
and material basis, for a total cost of $7,728.46,
increasing the contract total from $703,987.41 to
$71 1,715.87.
16. Authorize staff to proceed and approve Plan No. 9989 - proposed
vacation of Belleview Street between Rancho Avenue and
Pennsylvania Avenue. (See Attached) (No cost to the City --
$1,000 fee to be paid by the applicant.) Ward 3
MOTION: That the Director of Development Services and the City
Clerk be authorized to proceed with the vacation of a
portion of Belleview Street between Rancho Avenue
and Pennsylvania Avenue; and that Plan No. 9989,
showing the proposed vacation of a portion of
Belleview Street between Rancho Avenue and
Pennsylvania, be approved.
Facilities Management
17. Approve Contract Change Order No. One - Rey-Crest Roofing - roof
restoration work at the Center for Individuals with Disabilities
(CID). (See Attached) (Cost to the City -- $9,500 reimbursed
from the County; $500 from the General Fund.) Ward 1
MOTION #1: That Change Order No. One to Rey-Crest Roofing
be approved for the installation of a Tremco
polyester mat with tremlastic rubberized
emulsion at the Center for Individuals with
Disabilities (CID) facility, for a total cost of
$10,000, increasing the contract total from
$42,741 to $52,741; and
(Item Continued On Next Page)
6 8/2/1999
17. Continued.
MOTION #2: That the Director of Finance be authorized to
amend the fiscal year 1999-2000 budget and a)
Transfer $9,000 from 001-384-5161 (CID
Insurance Premiums) to 001-384-5507 (CID
Facilities Services) and b) Increase 001-384-
5507 (CID Facilities Services) by another $1,000
and increase revenue account 001-000-4520
(CID Reimbursement) by $500 to reflect the 50
percent reimbursement to be received from the
County.
Human Resources
18. An ordinance of the City of San Bernardino authorizing an
amendment to the contract between the Board of Administration of
the Public Employees' Retirement System and the City of San
Bernardino. (See Attached) (No cost to the City.) FIRST
READING (Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
Public Services
19. Resolution of the City of San Bernardino authorizing an agreement
and purchase order between the City of San Bernardino and DMG
Maximus to conduct a fleet operational efficiency review. (See
Attached) (Cost to the City -- $49,600 from the Motor Pool
Fund.)
MOTION: That said resolution be adopted.
END OF 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.
City Administrator's Office
TO BE HEARD AT 10:00 A.M.
20. Public Hearing - resolution making certain findings of fact
concerning holding periods for animals impounded by the City.
(See Attached) (No cost to the City.)
(Item Continued On Next Page)
7 8/2/1999
20. Continued.
Mayor to open the hearing....
A Resolution of the Mayor and Common Council making certain
findings of fact concerning holding periods for animals impounded
by the City.
MOTION: That the hearing be closed; and that said resolution be
adopted.
END OF PUBLIC HEARINGS
STAFF REPORTS
City Administrator's Office
21. A Resolution of the Mayor and Common Council authorizing the
Mayor to execute an addendum to the 1996 Lease with the San
Bernardino Stampede, Inc., concerning the use of the San
Bernardino Stadium for a 1999 Fall Baseball League. (See
Attached) (No net cost to the City.) (Resolution not available
at time of printing.)
MOTION #1: That said resolution be adopted; and
MOTION #2: That the Director of Finance be directed to
amend the Fiscal Year 1999-2000 Stadium Fund
budget to a) Reflect the $14,700 cost of
providing maintenance to the stadium during
the proposed Fall Baseball League, and to b)
Reflect the corresponding rental revenue of
$14,700 to be received from the stadium as
reimbursement for maintenance costs.
City Attorney's Office
22. Authorization to join amicus brief in the case of Griffin vs. Santa
Cruz, et al. (See Attached)
MOTION: That the City of San Bernardino be authorized to join
in the amicus brief in support of the Cities of Santa
Cruz, Scotts Valley and Watsonville and the County of
Santa Cruz.
8 8/2/1999
23. Authorization to join amicus letter in the case of Gammoh vs. City
of Anaheim. (Documents not available at time of printing.)
MOTION: That the City of San Bernardino be authorized to join
in the amicus letter to the California Supreme Court in
support of the City of Anaheim.
City Clerk's Office
24. Resolutions calling a Special Election in the Fifth Ward. (See
Attached) (Cost to the City -- An estimated $3,000-$4,000
from the General Fund.) Ward 5
A. Resolution of the Mayor and Common Council of the City of
San Bernardino calling a Special Election in the Fifth Ward
of the City for November 2, 1999 to fill the vacant council
seat in said ward and establishing the nomination period as
August 3, 1999 to and including August 6, 1999.
B. Resolution of the Mayor and Common Council of the City of
San Bernardino requesting that the City of San Bernardino's
Special Election be consolidated with the November 2, 1999,
Consolidated Election conducted by the County of San
Bernardino.
MOTION: That said resolutions be adopted.
Human Resources
25. 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
Subsection H, PERS, for Police Safety Management Employees,
effective as of January 1, 2000. (See Attached.) (No cost to the
City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
26. 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
Subsections B, Compensation, and H, PERS, for Fire Safety
Management Employees, effective as of January 1, 2000. (See
Attached.) (Cost to the City -- $22,000 from the General Fund.)
(Resolution not available at time of printing.)
(Item Continued On Next Page)
9 8/2/1999
26. Continued.
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
CONTINUED ITEMS
Development Services
CONTINUED FROM JULY 6, 1999
TO BE HEARD AFTER 2:00 P.M.
27. Resolution of the City of San Bernardino amending Resolution No.
2986 entitled, in part, "A resolution designating certain street
intersections where a left turn is prohibited..." and providing that
left turns are prohibited at the intersection of Tippecanoe Avenue
and Rosewood Drive. (See Attached) (Cost to the City --
$145,000 from the Traffic Systems Construction Fund.)
(Backup material was distributed on February 15, 1999, Item
No. 15, was continued to April 5, 1999, Item No. 27; was
continued to May 17, 1999, Item No. 26; and was continued to
July 6, 1999, Item No. 23.) Ward 3
MOTION: That said resolution be tabled; and that the Mayor and
Common Council authorize the Director of
Development Services to proceed with plans to prohibit
certain vehicular movements by installing temporary
delineators for a period of six months at the
intersection of Tippecanoe Avenue at Rosewood Drive
and to install a traffic signal at the intersection of
Tippecanoe Avenue and Laurelwood Drive.
END OF CONTINUED ITEMS
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
28. Public Hearing - General Plan Amendment No. 99-01 and
Development Code Amendment No. 99-01 - Revisions to sign
regulations. (See Attached) (No cost to the City.)
Mayor to open the hearing....
(Item Continued On Next Page)
10 8/2/1999
28. Continued.
Resolution of the City of San Bernardino adopting General Plan
Amendment No. 99-01 to the General Plan of the City of San
Bernardino to delete Policies 1.45.3, 1.45.6 and 1.45.10 and
modify Policy 1.45.1 which restricts the placement of pole signs
and billboards in the City. (Resolution not available at time of
printing.)
An ordinance of the City of San Bernardino amending Chapter
19.22 (Sign Regulations) and Sections 19.14.020 and
19.14.030(6)8.(7) of the San Bernardino Municipal Code
(Development Code) to allow larger and taller signage throughout
the City. FIRST READING (Ordinance not available at time of
printing.)
MOTION: That the public hearing be closed; that said resolution
be adopted; and that said ordinance be laid over for
final adoption.
29. Public Hearing - Development Code Amendment No. 99-04 - Paseo
Las Placitas Specific Plan - Mount Vernon Avenue between 4th and
9th Streets. (See Attached) (Cost to the City -- $35 from the
General Fund.) Ward 1
Mayor to open the hearing....
Ordinance of the City of San Bernardino amending Sections
19.06.010(2)(6), 19.06.020, Table 06.01, and 19.10.030(3) of the
San Bernardino Municipal Code (Development Code) to revise the
development standards and permitted uses and incorporate design
guidelines, as per the Paseo Las Placitas Specific Plan for certain
areas along Mount Vernon Avenue. FIRST READING
MOTION: That the hearing be closed; that the Mayor and
Common Council adopt the Negative Declaration and
approve Development Code Amendment No. 99-04
based on the findings of fact; and that said ordinance
be laid over for final adoption.
END OF PLANNING ITEMS
11 8/2/1999
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, AUGUST 2, 1999 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R30. Resolution of the Community Development Commission of the City
of San Bernardino approving and authorizing the Executive
Director of the Economic Development Agency (the "Agency") to
award and execute a contract to TNT Constructors, Inc., in the
amount of $310,959.00 for improvements to the California
Theatre. (See Attached)
MOTION: That said resolution be adopted.
R31. Resolution of the Community Development Commission of the
Redevelopment Agency of the City of San Bernardino approving a
loan of Community Reinvestment Funds to finance tenant
improvements at a proposed day care center (children of Caltrans
employees) in downtown San Bernardino (265 North "D" Street).
(See Attached) Ward 1
MOTION: That said resolution be adopted.
R32. Resolution of the Community Development Commission
authorizing the Executive Director of the Redevelopment Agency
(the "Agency") to execute an agreement for professional services
with the National Development Council (NDC). (See Attached)
MOTION: That said resolution be adopted.
12 8/2/1999
R33. Authorize exclusive right to negotiate - Arthur Pearlman
Corporation/Hopkins Real Estate Group. (See Attached) Ward 3
MOTION: That the Community Development Commission
authorize staff to proceed with the necessary owner
participation notices and preparation of a draft
Exclusive Right to Negotiate Agreement with the
Arthur Pearlman Corporation/Hopkins Real Estate
Group.
34. 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.)
35. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00
a.m., Monday, August 16, 1999, in the Council
Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
13 8/2/1999
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.
14 8/2/1999
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
AUGUST 2, 1999
S1. Ratification of letter sent to County Board of Supervisors relative to
proposed County General Plan Amendment. (See Attached)
MOTION: That the Mayor and Common Council ratify the
Mayor's directive to the City Attorney to prepare and
send a letter to the County Board of Supervisors
relative to the County's General Plan.
1 8/2/1999