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HomeMy WebLinkAbout09-21-1998 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, SEPTEMBER 21, 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. (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). 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. (Item Continued on Next Page) 1 9/21/1998 1. Continued. 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. END OF CLOSED SESSION 2 9/21/1998 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Human Relations Commission - Kimberly Jackson (Youth Appointee) - Mayor Valles. MOTION: That the youth appointment of Kimberly Jackson to the Human Relations Commission, as requested by Mayor Valles, be approved. 3. Presentations. A. Service Pin Awards Ceremony. 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 20, be adopted except for , and 3 9/21/1998 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 September 16, 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 September 11, 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's Office LAID OVER FROM SEPTEMBER 8, 1998 9. An ordinance of the City of San Bernardino amending Section 8.30.140 of the San Bernardino Municipal Code relating to alternate methods of enforcement. FINAL READING. (Backup material was distributed on September 8, 1998, Item No. 22.) MOTION: That said ordinance be adopted. LAID OVER FROM SEPTEMBER 8, 1998 10. An ordinance of the City of San Bernardino amending Section 15.24.060 of the San Bernardino Municipal Code relating to enforcement-penalty. FINAL READING. (Backup material was distributed on September 8, 1998, Item No. 23.) MOTION: That said ordinance be adopted. 4 9/21/1998 LAID OVER FROM SEPTEMBER 8, 1998 11. An ordinance of the City of San Bernardino amending Section 2.40.050 of the San Bernardino Municipal Code relating to powers of the Mayor. FINAL READING. (Backup material was distributed on September 8, 1998, Item No. 24.) MOTION: That said ordinance be adopted. LAID OVER FROM SEPTEMBER 8, 1998 12. An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 5.42.040 relating to the annual Citrus Fair. FINAL READING. (Backup material was distributed on September 8, 1998, Item No. 25.) MOTION: That said ordinance be adopted. Development Services LAID OVER FROM SEPTEMBER 14, 1998 13. Ordinance of the Mayor and Common Council of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code establishing a forty-five mile per hour speed limit on Del Rosa Avenue between Marshall Boulevard and Thirty-Ninth Street. FINAL READING (Backup material was distributed on September 8, 1998, Item No. 28; and was continued to September 14, 1998, Item No. 3.) MOTION: That said ordinance be adopted. 14. Approve plans and authorize advertisement for bids - installation of handicap ramps in various locations per Plan No. 9863. (See Attached) (Cost to the City -- $100,000 [$50,000 from the Gas Tax Fund and $50,000 from the Va Cent Sales and Road Tax Fund.) MOTION: That the plans be approved for construction of handicap ramps at various locations in accordance with Plan No. 9863; and that the Director of Development Services be authorized to advertise for bids 5 9/21/1998 _ ,.-,v..ve,.� .., - waas.>.*w rc:»-.e•���v,.r�x ^sa -_:.. a.- -r-..d..s.��-3..^r�.R+<k` .., ... 15. Approve plans and authorize advertisement for bids - pavement rehabilitation by slurry seal method, Phase VI, between 511, Street and Baseline Street, and between I-215 and Lytle Creek, per Plan No. 9869. (See Attached) (Cost to the City -- $550,000 from the Y' Cent Sales and Road Tax Fund.) Wards 1, 3 & 6 MOTION: That the plans for rehabilitation of pavement by slurry seal method for streets between 5th Street and Baseline Street, from I-215 to Lytle Creek, per Plan No. 9869 be approved; and that the Director of Development Services be authorized to advertise for bids 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Development Services to execute a Streambed Alteration Agreement with the State Department of Fish and Game relating to widening of the Kendall Drive bridge over Cable Creek. (See Attached) (No cost to the City.) Ward 3 MOTION: That said resolution be adopted. 17. Authorize application to the Local Agency Formation Commission for sewer services outside City boundaries - 1128 W. 48th Street. (See Attached) (No cost to the City.) MOTION: That the Mayor of the City of San Bernardino be authorized to execute a letter making application to the Local Agency Formation Commission for the extension of sewer services by contract for the property located at 1128 W. 48th Street, within an unincorporated area of San Bernardino County; and that the Mayor be authorized to execute an irrevocable agreement to Annex No. 98-1, upon approval of said application by the Local Agency Formation Commission. Parks, Recreation and Community Services 18. Resolution of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to execute an agreement with the San Bernardino City Unified School District relating to the delivery of Type A lunches and Schedule B snacks to City's Delmann Heights Headstart Center. (See Attached) (No cost to the City.) (Item Continued on Next Page) 6 9/21/1998 "vrr� 18. Continued. MOTION: That said resolution be adopted. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Parks, Recreation and Community Services Department to make application for and accept grants from the San Bernardino City Unified School District for after-school recreation programs at school district sites. (No cost to the City.) MOTION: That said resolution be adopted. 20. Resolution authorizing the Director of Parks, Recreation and Community Services Department to execute an agreement with the Center of Health Resources Purchase Connection, Group Purchasing, dietary program for raw food products for the City's Senior Nutrition Program. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT CALENDAR Recommended for approval by the Legislative Review Committee on September 14, 1998 - Council Members Present: Estrada, Lien and Schnetz City Administrator's Office 21. Shopping Cart Ordinance. (See Attached) MOTION: That the City Attorney be authorized to finalize the abandoned shopping cart ordinance and bring it back for consideration by the Mayor and Common Council. 7 9/21/1998 rw Council Office 22. Vendor Cart Ordinance. (See Attached) MOTION: That the City Attorney be directed to prepare an ordinance to be brought back to the Mayor and Common Council. END OF COMMITTEE CONSENT CALENDAR STAFF REPORTS City Administrator's Office 23. Approve Neighborhood Improvement Target areas. (See Attached) MOTION: That the Neighborhood Initiative Target area proposal as outlined in the attached staff report dated September 15, 1998, from Fred Wilson, City Administrator, be approved in concept. City Attorney's Office 24. An ordinance of the City of San Bernardino amending Chapter 8.27 of the San Bernardino Municipal Code authorizing the Code Compliance Director to conduct annual weed abatements and recover costs. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. 25. Request to join in on amicus brief in support of the City of Long Beach, Ninth Circuit Court of Appeals No. 98-55915. (See Attached) MOTION: That the City Attorney be authorized to join an amicus brief in support of the City of Long Beach. 8 9/21/1998 Development Services 26. Approve Contract Change Order No. 15 with MCM Construction, Inc., to provide proper drainage on the north side of Amos Street and at the east side of the BNSF railroad tracks where they intersect at Orange Show Road, for the Orange Show Road extension from Arrowhead Avenue to Tippecanoe Avenue, per Plan No. 9142. (See Attached) (Cost to the City -- $8,598 from the Street Construction Fund.) Wards 1 & 3 MOTION: That the Mayor and Common Council approve Contract Change Order No. 15 to the contract with MCM Construction, Inc., for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue for the installation of two additional catch basins, a flared inlet drain, and 179 lineal feet of 12- inch corrugated metal pipe to provide proper drainage on the north side of Amos Street and at the east side of BNSF railroad tracks where they intersect Orange Show Road. This work is to be performed at agreed prices at an increase to the contract price of $8,598, from $9,210,309.58 to $9,218,907.58. 27. Approve Contract Change Order No. Five with Bonadiman-McCain, Inc., for installation of storm drain at Ohio Avenue between Olive Avenue and Bailey Creek Channel and Palm Avenue between Washington Street and Irvington Avenue per Plan No. 9333. (See Attached) (No cost to the City -- $7,301.49 cost to be reimbursed by the appropriate utility companies.) Ward 5 MOTION: That the Mayor and Common Council approve Contract Change Order No. Five to the contract with Bonadiman-McCain, Inc., in accordance with Plan No. 9333, at an increase of $7,301.49 to the contract price of $176,193.35 in order to compensate the contractor for delays and additional work that was performed due to utility conflicts. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a license agreement with Southern California Edison Company relating to installation of non-electrified attachments and appurtenances to Edison street light poles. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 9 9/21/1998 29. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Safety-Kleen (CA), Inc., for removal of underground storage tanks at Fire Station No. 1 per Plan No. 9840. (See Attached) (Cost to the City -- $37,000 from the Liability Insurance Fund.) Wards 4 & 7 MOTION#1 : That said resolution be adopted. MOTION #2: That the Director of Finance be authorized to carry over $37,000 budgeted in FY 1997-98 for this purpose to FY 1998-99 (Account No. 629- 453-5502). Facilities Management 30. Approve cost saving measures at the San Bernardino Stadium and authorize transfer of funds to implement measures. (See Attached) (Anticipated net savings during first year of implementation -- $14,000.) MOTION #1: That the Mayor and Common Council approve the cost saving measures for the San Bernardino Stadium as identified in the attached staff report dated September 9, 1998, from James Sharer, Facilities Manager; and MOTION #2: That the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 1998-99 budget to transfer $14,000 from Stadium Electric Charges (133-461-5606) to Stadium Alterations and Renovations (133-461- 5706). Human Resources 31. Resolution of the City of San Bernardino approving a side letter to the memorandum of understanding between the City of San Bernardino and employees in the General Unit represented by the San Bernardino Public Employees' Association, amending Article III, Compensation, Section 6, Call-Back/Standby Assignment 8s Pay. (See Attached) (Cost to the City -- $1,410 annually from various departmental budgets.) MOTION: That said resolution be adopted. END OF STAFF REPORTS 10 9/21/1998 iftw CONTINUED ITEMS Public Services CONTINUED FROM SEPTEMBER 8, 1998 32. Resolution of the City of San Bernardino authorizing the execution of an agreement with the County of San Bernardino Fire Department to provide a consolidation point for sharps collection and perform home pick up services for sharps. (Backup material was distributed on September 8, 1998, Item No. 17.) (Cost to the City - $4,680 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS 11 9/21/1998 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, SEPTEMBER 21, 1998 - 2:00 P.M. PRESENT: ABSENT: CONTINUED FROM SEPTEMBER 14, 1998 R33. Discuss and take possible action on the following document relative to the MDA-San Bernardino Associates - Cinema Star Multi-Plex Theater Project. (Backup material was distributed on September 8, 1998, Item No. R44 and on September 14, 1998, Item No. R10.) a. Subordination and Intercreditor Agreement, draft dated August 13, 1998 (GMAC - Mortgage, Borrower & Agency). TO BE HEARD AT 2:00 P.M. R34. First public hearing - Fifth Year Action Plan - Consolidated Annual Performance and Evaluation Report (CAPER). (See Attached) Resolution of the Mayor and Common Council of the City of San Bernardino approving the Consolidated Annual Report in connection with implementing federal grant programs. (Resolution not available at time of printing.) Mayor to open the hearing . . . 12 9/21/1998 R34. Continued. MOTION #1: That the hearing be closed; and that the Mayor and Common Council begin the Fifth Year Action Plan process, accept comments and views of residents, public agencies and other interested parties on community needs and on the Draft Consolidated Annual Performance and Evaluation Report for 1997-1998, which contains annual performance reports for the Community Development Block Grant, HOME Investment Partnership Act and Emergency Shelter Grant Programs; and that staff be authorized to submit the final report to the U.S. Department of Housing and Urban Development for review and approval; and MOTION #2: That said resolution be adopted. R35. Resolution of the Community Development Commission of the City of San Bernardino, California, approving personnel policies and procedures for all employees of the City of San Bernardino Economic Development Agency, repealing Resolution Nos. 5277, 5279, 5280 and 5282 relating to Agency establishment of positions and job descriptions, Agency adoption of certain personnel policies and procedures for General Unit Employees and Mid-Managers, Agency establishment of compensation levels and salary ranges, and Agency establishment of Management and Confidential Employee compensation and benefits plan, respectively, and rescinding all previously adopted personnel policies and procedures. (See Attached) (Resolution not available at the time of printing.) MOTION: That said resolution be adopted. R36. Proposed lease agreement with General Services Administration for the Immigration and Naturalization Services building. 13 9/21/1998 37. Adjournment. MOTION: That the Mayor and Common Council meeting be adjourned to 6:00 p.m., Tuesday, September 22, 1998, for a joint meeting with the San Bernardino City Unified School District to be held at 777 North "F" Street, San Bernardino, California. 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. 14 9/21/1998