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HomeMy WebLinkAbout12-07-1998 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 7, 1998 — 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): State of California ex rul. Stull vs. Bank of America NT&SA - San Francisco Superior Court Case No. 068-484; Lawrence Crain by and through Sharon McGill vs. City of San Bernardino, et al. - United States District Court Case No. CV 97-5227 SVW (CWx); (Item Continued on Next Page) 1 12/7/1998 1 J 1. Continued. City of San Bernardino Municipal Water Department vs. U.S. Department of Defense (Army) - United States District Court Case No. CV 96-5205 MRP (Jgx); Manta Management Corp., vs. City of San Bernardino - Court of Appeals Case No. E019635 (Superior Court Case No. SCV 18157). 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. E. Closed Session with Chief of Police on matters posing a threat to the security of public buildings or threat to the publics' right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 2 12/7/1998 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments: A. Joseph V. Contaoi - Traffic Safety Advisory Committee - Mayor Valles. (See Attached) B. Alex Estrada - Traffic Safety Advisory Committee - Mayor Valles. (See Attached) MOTION: That the appointments of Joseph V. Contaoi and Alex Estrada to the Traffic Safety Advisory Committee, as requested by Mayor Valles, 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 14, be adopted except for , and 3 12/7/1998 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/Community Development Commission be waived. 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 25, 1998, 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 November 20, 1998, 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 Attorney/City Clerk LAID OVER FROM NOVEMBER 23, 1998 9. An ordinance of the City of San Bernardino suspending Section 2.56.195 of the San Bernardino Municipal Code relating to election voluntary expenditure ceiling. FINAL READING (Backup material was distributed on November 23, 1998, Item No. 2.) MOTION: That said ordinance be adopted. 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. 4 12/7/1998 tow Development Services 11. Resolution of the City of San Bernardino awarding a contract to Malton Construction for construction of handicapped access ramps - citywide - per Plan No. 9863. (See Attached) (Cost to the City - $91,700 from the 'Ya Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino providing authorization to execute second amendment to the agreement for professional services with National Plant Services, Inc., for sewer cleaning and maintenance. (See Attached) (Cost to the City -- $150,000 from the Sewer Line Maintenance Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 13. Item Deleted. Water 14. Authorize filing of Amicus Curiae brief in matter of El Dorado Irrigation District v. California Regional Water Quality Control Board, et al. (See Attached) (No cost to the City.) MOTION: That the City Attorney be authorized to file an amicus curiae brief in the matter of El Dorado Irrigation District v. California Regional Water Quality Control Board, et al., Sacramento County Superior Court Case No. 98CS02533. END OF CONSENT CALENDAR 5 12/7/1998 COMMITTEE CONSENT CALENDAR Recommended for approval by the Personnel Committee on November 23, 1998 - Council Members present: Lien and Anderson Human Resources 15. Reorganization of the Management Information Services Division. (See Attached) (Cost to the City - $47,400 for balance of FY 1998/99.) MOTION #1: That one (1) position of Communications Technician, Range 3361, ($2,687- $3,266/month, be established; and MOTION #2: That the salary range for the Programmer Analyst from Range 3439, $3,965- $4,819/month be adjusted to Range 3349, $4,167-$5,065/month; and MOTION #3: That one (1) position of Programmer-Public Safety, Range 3383, $2,998-$3,645/month, be established; and MOTION #4: That the Department of Human Resources be directed to update Resolution 97-352 and amend Resolution 6413, Section 5.5, to reflect this particular action; and MOTION #5: That the Director of Finance be authorized to amend the FY 1998/99 revenue and expenditure budget to reflect the transfer of $24,000 from the Police Evidence Impound Account to fund a Programmer as outlined in the staff report dated November 18, 1998, from Edward S. Raya, Director of Human Resources. 16. Police Records Transcriber salary upgrade. (See Attached) (Cost to the City -- $4,000 in Year One.) (Item Continued on Next Page) 6 12/7/1998 16. Continued. MOTION #1: That the following five step salary range for Police Records Transcriber be adopted: $11.00; $11.55; $12.13; $12.71; $13.37/hour; and MOTION #2: That the hourly salary of all current City of San Bernardino Police Records Transcribers be increased to $11.00/hour; and MOTION #3: That the Department of Human Resources be directed to update Resolution 6413, Section 13, to reflect this particular action. END OF COMMITTEE CONSENT CALENDAR PUBLIC HEARINGS Public hearings scheduled for a certain time 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 Clerk's Office TO BE HEARD AT 10:00 A.M. 17. Public hearing - resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for unpaid Transient Lodging Taxes. (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 unpaid Transient Lodging Taxes. Mayor to open the hearing . . . MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit "A" which have been paid prior to the hearing; and that said resolution be adopted. 7 12/7/1998 Development Services TO BE HEARD AT 10:00 A.M. 18. Public hearing - establishment of Inland Center Drive and Riverwalk Drive Area Landscape and Sewer Lift Station Maintenance Assessment District (AD 1024). (See Attached) (No cost to the City -- $4,000 cost paid by petitioner.) Ward 3 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing affirmative votes greater than in opposition to the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping and a sewer lift station in the area of Inland Center Drive and Riverwalk Drive, approving the final Engineer's Report, creating an assessment district to cover the costs of said maintenance , known as Assessment District No. 1024, ordering the work, confirming the 1999-2000 Assessment Roll, and determining that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION #1: That the hearing relative to the determination of ballots and/or protests filed, relative to the formation of the Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Lift Station Maintenance Assessment District (AD 1024 - Tract No. 14706, be closed; and MOTION #2: That said resolution be adopted. Police TO BE HEARD AT 10:00 A.M. 19. Appeal hearing - denial of dine and dance/live entertainment permit - Scott Mann, Baja Broiler, 245 E. Redlands Boulevard. (See Attached) Ward 3 Mayor to open the hearing . . . MOTION #1: That the hearing be closed; and that the decision of the Chief of Police for denial of the dine and dance/live entertainment permit requested by Scott Mann, owner of the Baja Broiler located at 245 E. Redlands Boulevard, be upheld; or (Item Continued on Next Page) 8 12/7/1998 19. Continued. MOTION #2: That the hearing be closed; and that the dine and dance/live entertainment permit requested by Scott Mann, owner of the Baja Broiler located at 245 E. Redlands Boulevard, be approved with the conditions stipulated in the attached Staff Report dated December 1, 1998, from Lee Dean, Chief of Police. END PUBLIC HEARINGS STAFF REPORTS City Clerk's Office 20. Resolution of the City of San Bernardino amending Resolution 97- 23 entitled in part "Resolution . . . amending Conflict of Interest Code . . .", by amending Appendix A to add, delete and change the titles of various positions within departments of the City which must file Conflict of Interest Statements. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. Development Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 1997/98 to 2001/02 Capital Improvement Program. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 22. Authorization to transfer funds and begin design for construction of traffic signal at Waterman Avenue and 28th Street. (See Attached) Ward 7 MOTION #1: That the Director of Development Services be authorized to begin design work and construction of signal improvements at Waterman Avenue and 28th Street; and (Item Continued on Next Page) 9 12/7/1998 22. Continued. MOTION #2: That the Director of Finance be authorized to amend FY 1998/99 budget and transfer $60,000 from the Traffic Systems Construction Fund's project for system-wide upgrades and improvements (Account 250-370-5504-7146) to fund the design and construction of traffic signal improvements at Waterman Avenue and 28th Street. Fire 23. Resolution of the City of San Bernardino awarding a purchase order to Pierce Manufacturing Company, Inc., for the purchase and delivery of three (3) 4 X 4 Type III Wildland Engines, to be utilized by the Fire Department of the City of San Bernardino in accordance with Bid Specification F99-23. (See Attached) (Cost to the City -- $536,837 from the General Fund; to be reimbursed by CDBG Funds.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 24. 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) (Resolution not available at time of printing.) MOTION#1: That said resolution be adopted. MOTION #2: That the Director of Finance be authorized to amend the Fiscal Year 1998/99 budget to: 1) increase budgeted General Fund revenues by $100,000 to reflect the fee to be received from the County for providing fire protection and paramedic services (Acct. #001-000-4702 Fire Service Contracts); and 2) increase the Police Department's budget by $3,000 to cover the cost of updating the 911 system to include the County islands (Acct. #001-221-5015). 10 12/7/1998 Police 25. Amendment of Chapter 8.81 and Resolution 98-193, expenditure of funds for automation of alarm fee collection and an additional Public Safety Programmer position. (See Attached) (Cost to the City -- $23,912 from the General Fund.) Ordinance of the Mayor and Common Council of the City of San Bernardino amending Sections 8.81.070(B), 8.81.100, 8.81.110(A) and 8.81.120; adding Subsection (L) to Section 8.81.020 and Subsections (C), (D) and (E) to Section 8.81.110; and repealing Section 8.81.090 relating to City security alarm systems. FIRST READING (Ordinance not available at time of printing.) Resolution of the Mayor and Common Council of the City of San Bernardino amending Section 3 of Resolution No. 98-193 relating to certain fees for services furnished by the City of San Bernardino. (Resolution not available at time of printing.) MOTION #1: That said ordinance be laid over for final adoption; and that said resolution be adopted; and MOTION #2: That the Director of Finance be authorized to amend the FY 1998/99 revenue and expenditure budget to reflect the transfer of $23,900 from the Police Evidence Impound account to purchase Records Management software for the alarm ordinance program. Public Services 26. Resolution of the City of San Bernardino awarding a purchase order for three commercial front load refuse collection trucks to McNeilus Truck and Manufacturing Company of Colton, California in accordance with Bid Specification F-99-22, to be utilized by the Public Services Department. (See Attached) (Cost to the City -- $476,165.45 from the Refuse Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF STAFF REPORTS 11 12/7/1998 �wr PLANNING ITEMS TO BE HEARD AT 11:00 A.M. 27. Public hearing - General Plan Amendment No. 98-04, Development Permit III No. 98-11 and Variance No. 98-13 - to amend the General Plan designation from Commercial General (CG-1), to Residential Urban (RU-1) - to allow expansion of an existing mobile home park and a variance for perimeter wall height on the south side of Highland Avenue. (See Attached) (No cost to the City.) Ward 4 Resolution of the City of San Bernardino adopting General Plan Amendment No. 98-04 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designation from CG-1, Commercial General, to RU-1, Residential Urban, for 3.66 acres located on the south side of Highland Avenue 636 feet east of Palm Avenue. Owner/Applicant: Jack Duckworth, et al 3850 E. Atlantic Avenue, Sp. 39 Highland CA 92346 Request/Location: The applicant requests to amend General Plan Land Use Map from the CG-1, Commercial General designation to the RU-1, Residential Urban designation to allow for the expansion of an existing mobile home park (Valencia Lea) with 27 new mobile home spaces. The applicant also requests a variance to increase the height of the proposed and existing perimeter block wall from 6 feet to 8 feet along Highland Avenue. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 98-04; and approve Development Permit III No. 98-11 and Variance No. 98-13, based on the Findings of Fact, subject to the Conditions of Approval and Standard Requirements as listed in the Staff Report dated November 10, 1998, from Michael E. Hays, Director of Development Services. END OF PLANNING ITEMS 12 12/7/1998 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOMENT COMMISSION MONDAY, DECEMBER 7, 1998 - 2:00 P.M. PRESENT: ABSENT: R28. Authorize six-month extension to the term of the agreement with American Lodging, a Community Housing Development Organization. (See Attached) (Cost to the Agency -- $12,000 from Federal HOME Funds) All Wards MOTION: That the Community Development Commission authorize a six-month extension of the term of the agreement with American Lodging, a Community Housing Development Organization. R29. Resolution of the Community Development Commission of the City of San Bernardino, on behalf of the Economic Development Agency of the City of San Bernardino, amending Resolution No. 4420 (as amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424 and 5507) entitled, in part, "Resolution . . . adopting a Conflict of Interest Code . . .," by amending Appendix A to add, delete and change the titles of various positions within the Economic Development Agency of the City of San Bernardino which must file Conflict of Interest Statements. (See Attached) MOTION: That said resolution be adopted. R30. Approve Agency funding level for Convention and Visitors Bureau, and approve reduction of office rent by 50%. (See Attached) (Cost to the Agency -- $250,000 from Tax Increment Funds.) (Item Continued on Next Page) 13 12/7/1998 R30. Continued. MOTION: That the Community Development Commission approve an Agency funding level of $250,000 for the Convention and Visitors Bureau's Fiscal Year 1998/99 budget; and that the Convention and Visitors Bureau's office rent be reduced by $13,500 for the Fiscal Year 1998/99. R31. Purchase property - 571 Magnolia Avenue - KMH Associates, Inc., - Acquisition, Rehabilitation and Resale Program. (See Attached) MOTION: That the Community Development Commission authorize the Economic Development Agency to negotiate the purchase of the property located at 571 Magnolia Avenue, in connection with the Agency guarantee under the Mortgage Lenders Acceptance Corporation and KMH Associates, Inc., Housing Participation Agreement (Acquisition, Rehabilitation and Resale Program). 32. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, December 21, 1998, in the Council Chambers of City Hall, 300 North -D" Street, San Bernardino, California. 14 12/7/1998 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. 15 12/7/1998