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HomeMy WebLinkAbout07-06-1999 Jt. Reg Mtg Agenda ' r AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TUESDAY, JULY 611999 — 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 accommodations to include interpreters. (Community Development Commission Items on pages 12-14.) 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): People of the State of California, et al. vs. William H. Cooper, et al. - San Bernardino Superior Court Case No. SCV 49063. 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. (Item Continued on Next Page) 1 7/6/1999 1. Continued. 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. Agency Negotiator: Ed Raya, Director of Human Resources Employee Organizations: San Bernardino Public Employees Association - General Employees San Bernardino Public Employees Association - Middle Management Employees END OF CLOSED SESSION 2 7/6/1999 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. 4. Announcements by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 16, 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. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 29, 1999, from Barbara Pachon, Director of Finance, be approved. 3 7/6/1999 *v✓ 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner, dated June 29, 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 Administrator 8. Set luncheon workshop - Monday, November 15, 1999, at 12:00 p.m. in the Economic Development Agency Board Room - presentation by Chancellor Raymond Orbach, University of California, Riverside. (See Attached) MOTION: That a luncheon workshop be set for Monday, November 15, 1999, at 12:00 p.m., in the Economic Development Agency Board Room to hear a presentation by UCR Chancellor Raymond Orbach. City Attorney LAID OVER FROM JUNE 21, 1999 9. Ordinance of the City of San Bernardino adding Section IX. Narcotics and Gang-Related Crime Eviction Program, Chapter 9.95 to Title 9 Public Peace, Morals and Welfare and establishing regulations applicable to landlords renting property upon which specified drug and/or gang related activities are occurring. (FINAL READING) (Backup material was distributed on June 7, 1999, Item No. 25; New backup distributed on June 21, 1999, Item No. 33.) MOTION: That said ordinance be adopted. Civil Service 10. Authorize first amendments to agreements with Dr. Lawrence Blum and Dr. Joseph Malancharuvil to conduct psychological examinations for the Police Department. (See Attached) (Cost to the City -- $44,000 from the General Fund.) (Item Continued on Next Page) 4 7/6/1999 10. Continued. A. Resolution of the City of San Bernardino authorizing the execution of a first amendment to agreement with Dr. Lawrence Blum to conduct psychological examinations for the Police Department. B. Resolution of the City of San Bernardino authorizing the execution of a first amendment to agreement with Dr. Joseph Malancharuvil to conduct psychological examinations for the Police Department. MOTION: That said resolutions A & B, be adopted. Development Services 11. Resolution of the City of San Bernardino approving the Final Map for Subdivision Tract No. 10302, located at the west side of Palm Avenue, north and south of Piedmont Drive, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (Resolution not available at time of printing.) Ward 4 MOTION: That said resolution be adopted. 12. Authorization to proceed - formation of a landscape maintenance assessment district in the Palm Avenue and Washington Avenue Area (Tract No. 15743). (See Attached) (No cost to the City -- $4,000 fee to be paid by applicant.) Ward 5 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 Palm Avenue and Washington Street area, within Tract 15743, to be known as Assessment District No. 1025. 5 7/6/1999 Finance 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Rogers, Anderson, Malody & Scott for financial audit services for the Fiscal Year ended June 30, 1999. (See Attached) (Cost to the City - - $38,225 from the General Fund.) MOTION: That said resolution be adopted. Fire 14. Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino City Fire Department. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation and Community Services 15. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino to execute an agreement with the San Bernardino City Unified School District relating to the delivery of Type A lunches for the City's Year-Round Lunch Program. (See Attached) (No cost to the City - Program funded through a State grant to the San Bernardino City Unified School District.) MOTION: That said resolution be adopted. Water 16. A Resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $13,912.50 for the Fiscal Year 1999/2000. (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 6 7/6/1999 COMMITTEE CONSENT Recommended for approval by the Legislative Review Committee on June 28, 1999 - Council Members Present: Estrada, Lien, and Schnetz City Clerk 17. Request for proposed Charter Amendment relative to options for municipal election dates. (See Attached) (Backup material was distributed on June T, 1999, Item No. 24, and was continued to June 21, 1999, Item No. 34.) MOTION #1: That the City Attorney be directed to prepare for the July 19, 1999 Mayor and Common Council meeting a proposed Charter Amendment to be placed on the November 2, 1999 ballot as set forth in the proposed Charter Amendment language contained in the attached staff report. MOTION #2: That the City Clerk be directed to transmit a copy of the proposed Charter Amendment to the City Attorney for his preparation of an impartial analysis of the measure. PUBLIC HEARINGS City Administrator TO BE HEARD AT 10:00 A.M. 18. Public hearing - establishing certain fees for services furnished by the City of San Bernardino. (Net revenue to the General Fund -- $201,100.) (Resolution not available at time of printing.) A Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino. Mayor to open the hearing . . . MOTION: That the matter be continued to 10:00 a.m., Monday, July 12, 1999 in the Council Chambers of City Hall. 7 7/6/1999 Development Services TO BE HEARD AT 10:00 A.M. 19. Public hearing - a resolution authorizing the sale of city property - north of Mill Street, east of the I-215 Freeway and west of "G" Street. (See Attached) (Resolution not available at time of printing.) Ward 3 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the sale of that certain real property located north of Mill Street, east of the I-215 Freeway and west of "G" Street to All Pro Broadcasting, Inc., and authorizing and directing the execution of a Quitclaim Deed. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS STAFF REPORTS Finance 20. Resolution of the City of San Bernardino approving and adopting the final budget of said City for the Fiscal Year 1999-2000 and establishing the appropriation limit for the Fiscal Year 1999-2000 for said City in accordance with the provisions of Division 9 of Title 1 of the California Government code, and repealing Resolution 98- 206. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 21. Authorize staff to initiate a General Plan Amendment to re-examine the land use designation for the parcels along Victoria, "F", and "G" Streets, between 6th and 71h Streets. (See Attached) (Cost to the City -- $6,000 from the General Fund.) Ward 1 MOTION: That the Mayor and Common Council initiate a General Plan Amendment to re-examine the land use designation for the parcels along Victoria, "F", and "G" Streets, between 6th and 7th Streets. 8 7/6/1999 Telecommunications 22. Resolution of the City of San Bernardino, California, separately approving (1) the transfer of Cable Television Franchise to Century- TCI California, L.P. and (2) the change in control of the managing partner of Century - TCI California, L.P., and transfer to Adelphia Communications Corporation. (See Attached) MOTION: That said resolution be adopted. END OF STAFF REPORTS CONTINUED ITEMS Development Services CONTINUED FROM MAY 17, 1999 23. Resolution of the City of San Bernardino amending Resolution No. 2086 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) (Backup material was distributed on February 15, 1999, Item No. 15; was continued to April 5, 1999, Item No. 27; and was continued to May 17, 1999, Item No. 26.) MOTION: That the matter be continued to August 2, 1999 for completion of the Environmental Review. CONTINUED FROM JUNE 21, 1999 24. 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. FIRST READING (Backup material was distributed on May 17, 1999, Item No. 23; item laid over for final adoption on June 7, 1999, Item No. 9; ordinance amended and laid over for final adoption on June 21, 1999, Item No. 35.) (Note: New Ordinance Title) MOTION: That said ordinance be laid over for final adoption. 9 7/6/1999 Fire CONTINUED FROM JUNE 21, 1999 25. Resolution of the City of San Bernardino approving a contract with American Medical Response to enter into a 180-day pilot program with the Fire Department to assess an improved paramedic first responder program. (Backup material was distributed on April 19, 1999, Item No. 27; and was continued to May 17, 1999, Item No. 29; continued to June 7, 1999, Item No 27; continued to June 21, 1999, Item No. 37.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. CONTINUED FROM JUNE 23, 1999 26. Resolution of the Mayor and Common Council of the City of San Bernardino approving a contract with San Bernardino County Fire Department for fire service in the County unincorporated areas located within the City of San Bernardino city limits. (See Attached) (Item was discussed on June 23, 1999, Item No. 4, and was continued to July 6, 1999.) (Anticipated revenue -- $250,000 in Fiscal Year 1999/2000.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS PLANNING ITEMS TO BE HEARD AT 11:00 A.M. 27. Determination of public convenience or necessity for a Type 41 Liquor License for Topp's Restaurant and Lounge located at 668 Fairway Drive. (See Attached) (No cost to the City.) Ward 3 MOTION: That the Mayor and Common Council determine that the public convenience or necessity is served; and that the Development Services Department be directed to send a letter to the Department of Alcoholic Beverage Control for a Type 41 (on-sale beer and wine and eating place) Liquor License for Topp's Restaurant and Lounge located at 669 Fairway Drive subject to the 10 7/6/1999 Planning Division and Police Department's conditions of approval. TO BE HEARD AT 11:00 A.M. 28. Appeal hearing - Izhak Kofman - loss of non-conforming status for two 2-unit multi-family residential properties identified as 1091, 1091 1/2, 1097 W. 7th Street and 693 N. "L" Street - located within the RS, Residential Suburban, land use district. (See Attached) (No cost to the City.) Ward 1 Appellant/Owner: Izhak Kofman 5571 Thistle Street San Bernardino, CA 92407 Location/Request: The appellant is appealing the loss of legal non- conforming status for two, two-unit properties located at 1091, 1091 1/2, 1097 West 7th Street and 693 North "L" Street. The properties are adjacent to each other and are located within the RS, Residential Suburban, land use district. The appellant's grounds for appeal are that the non-conforming use of the units has not been totally discontinued and the legal non-conforming status has not been lost. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal. END OF PLANNING ITEMS 11 7/6/1999 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION TUESDAY, JULY 611999 - 2:00 P.M. PRESENT: ABSENT: TO BE HEARD AT 2:00 P.M. R29. Public hearing - re-programming of Community Development Block Grant (CDBG) funds. (See Attached) (Cost to the Agency - - $1,177,420 in Community Development Block Grant Funds.) All Wards Resolution of the Mayor and Common Council approving and authorizing (1) the re-programming of Community Development Block Grant (CDBG) Funds in the amount of $1,177,420 (2) Amendments to the City's Consolidated Annual Action Plan (1997- 2000) for the purposes contained in this staff report and (3) execution of the standard CDBG agreement with Los Padrinos, and amendments to the Easter Seal and Gents agreements by the Mayor, as prepared and approved by the City Attorney. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 2:00 P.M. R30. TEFRA hearing - authorization of the Housing Authority of the County of San Bernardino to issue bonds on behalf of the San Bernardino Mobile Home Park Corporation. (See Attached) (No cost to the City.) Wards 2, 3 & 7 (Item Continued on Next Page) 12 7/6/1999 R30. Continued. Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of Housing Authority of the County of San Bernardino Multifamily Revenue Bonds (Mobile Home Park Projects) Series 1999 . Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. R31. Resolution of the Community Development Commission of the City of San Bernardino, California, approving an agreement with Rogers, Anderson, Malody & Scott, LLP, for financial audit services for the Fiscal Year ended June 30, 1999, and authorizing execution thereof. (See Attached) (Cost to the Agency -- $34,000 from Tax Increment, Low-Moderate Housing Set-Aside Funds, and Community Development Block Grant Funds.) MOTION: That said resolution be adopted. R32. Resolution of the Community Development Commission of the Economic Development Agency of the City of San Bernardino authorizing the Chairperson to execute a Redevelopment Cooperation Agreement with the Inland Valley Development Agency relating to transfer or delegation of redevelopment authority to the Redevelopment Agency of the City of San Bernardino. (See Attached) (No cost to the Agency.) Ward 3 MOTION: That said resolution be adopted. R33. Resolution of the Mayor and Common Council approving and authorizing the allocation of Emergency Shelter Grant (ESG) Funds to Mary's Mercy Center, Inc., Option House, Inc., Salvation Army and Frazee Community Center (the "Subrecipients") and execution of the standard ESG agreement by the Mayor, with each subrecipient, as prepared and approved by the City Attorney. (See Attached) (No cost to the City/Agency -- $138,000 anticipated from the 1999/2000 Emergency Shelter Grant.) MOTION: That said resolution be adopted. 13 7/6/1999 R34. Resolution of the Mayor and Common Council approving and authorizing the Mayor to execute the agreement by and between the City and American Lodging to provide additional home grant funds to complete the rehabilitation and resale of certain mobile home units (1998-1999 HOME CHDO Funds). (See Attached) (Cost to the Agency -- $52,900 from the 1998-99 HOME CHDO.) Wards 2 & 3 MOTION: That said resolution be adopted. 35. 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.) 36. Adjournment. MOTION: That the meeting be adjourned to 10:00 a.m., Monday, July 12, 1999, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 14 7/6/1999 r✓ 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 7/6/1999