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HomeMy WebLinkAbout12-16-2002 Jt. Reg Mtg AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 16, 2002 - 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 14-16.) CALL TO ORDER: PRESENT: ABSENT: NOTE: The meeting of the Mayor and Common Council will adjourn until 1:30 p.m., at which time closed session matters will be discussed. The public agenda will begin at 3:00 p. m. PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address 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. 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: (Item Continued on Next Page) 12/1612002 1. Continued. A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-03048; Stubblefield Construction Company, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 252058; In Re Bankruptcy of CYSA-South San Bernardino Soccer Foundation - Case No. RS 02-18493MG; San Bernardino Redevelopment Agency v. William H. Cooper - San Bernardino Superior Court Case No. SCVSS 67622; David M. Sanborn v. A vila Construction, et al. - San Bernardino Superior Court Case No. SCVSS 078410; Daniel Cravens v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 076715. 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: Cypress Inn Mobilehome Park and Van Rossum claim. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - 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. (Item Continued on Next Page) 2 12116/2002 1. Continued. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: (I) Fire negotiation issue G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 3 12/16/2002 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. A. Service Pin A wards Ceremony. B. Third Quarter Employee Customer Service A ward. 4. Announcements by Mayor and Common Council. All Consent Calendar items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 21, 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. 4 12/16/2002 6. Council Minutes. (See Attached) MOTION: That the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: November 4, 2002 (Distributed ou 12/9/02) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated December 5, 2002 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 December 10, 2002, 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 LAID OVER FROM DECEMBER 2, 2002 9. An ordinance of the City of San Bernardino amending sections of Municipal Code Chapter 14.04 regarding granting of utility franchises. FINAL READING. (Backup material distributed December 2,2002, Item No. 30.) MOTION: That said ordinance be adopted. City Attorney 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to represent the City in the case of Pravin D. Patel v. City of San Bernardino, et al. (Resolutiou uot available at time of printing.) MOTION: That said resolution be adopted. 5 12/16/2002 City Clerk II. Approve Local Appointments List. (See Attar:,ed) MOTION: That the Mayor and Cor Imon Council approve the Local Appointments List of PII regular and ongoing boards, commissions, and commitll es and direct the City Clerk to send a copy of the List to the j:" cdlheym Library for posting pursuant to Goverrunent Code Sect on 54973. Code Compliance 12. Resolution of the City of San Berna dino authorizing extension of the existing purchase orders to H & H Citrus Inc and Scott Tractor Service in the aggregate for a maximum of $140,000 to perfo ill weed abatement services for Fiscal Year 2002/2003. (See Attached) (Cost ) the City -- $140,000 from the General Fund.) All Wards MOTION: That said resolution b. adopted. Development Services 13. Resolution of the City of San Berp'"dino approving a Fund Transfer Agreement with the California Department of Transportation (Caltrans) for the development of the Santa Fe Depot Area Plan located at 1170 W. 3,d Street. (See Attached) (Cost to the City -- $56,000 in match funding; $268,800 in grant funding.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the Fiscal Year 2002/2003 budget to appropriate $324,800 in grant Account No. 123-701-5504-7349. $268,800 is being reimbursed from the Caltrans Community Based Transportation Planning grant; $42,000 of matching funds are being reimbursed from EDA (tracking number 033-6500); and $14,000 of matching funds are being reimbursed by Development Services General Fund budget by moving $14,000 from Account No. 001-190-5502 to Account No. 001-190-5193 (grant match). 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Laird Construction Co., Inc. for pavement rehabilitation on Lexington Parkway from Hallmark Parkway to cul-de-sac; Saratoga Way from Georgia Boulevard to Hallmark Parkway; Shenandoah Way from Hallmark Parkway to cul-de-sac; Georgia Boulevard from Gannett Parkway to Saratoga Way; and Gannet Parkway from Georgia Boulevard to Hallmark Parkway, per Plan Drawing No. 10510. (See Attached) (Cost to the City -- $240,000 from the AB 2928 Fund.) (Resolution not available at time of printing.) Ward 6 (Item Continued on Next Page) 6 Revised - 12116/2002 14. Continued. MOTION: That said resolution be adopted. 15. Authorize staff to proceed with the formation of a Landscape Maintenance Assessment District in the California Street & 16'" Street area (Tract No. 13822). (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 5 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90. with the establishment of a Landscape Maintenance Assessment District in the California Street and 16'" Street area, within Tract No. 13822, to be known as Assessment District No. 1029. 16. Resolution of the City of San Bernardino authorizing the execution of a lease agreement with The Rock Church and World Outreach Center, for use of vacated portions of Waterman Avenue, south of Caroline Street, north of Union Pacific Railroad. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. Fire 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing termination of the City's participation in a contract with the cities of Colton, Lorna Linda, Redlands, Rialto, and the County Fire Department and to transfer full responsibility and ownership of the air truck to remaining participants. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to Principal Decision Systems International (PDSI) in the amount of $41.838.41 for Telestaff Staffing Automation System, Aether Mobile Government Systems in the amount of $14,400 to link the current Fire Sunpro Records Management System (RMS) software to Telestaff. and Hewlett Packard Company for the server to run the Telestaff Program in the amount of $3,739.00. (See Attached) (No cost to the City -- $59,977.41 funded through Metropolitan Medical Response System program.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 7 12/16/2002 Human Resources 19. Resolution of the City of San Bernardino approving a side letter to Resolution No. 99-155, Resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Police Safety Unit represented by the San Bernardino Police Officers' Association, and superceding Resolution 2001-364. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Information Services 20. Resolution of the City of San Bernardino authorizing replacement of the 911 Public Safety Answering Point Telephone System and the workstation monitors in the Public Safety Dispatch Center. (See Attached) (Cost to the City -- $329,978.40 from State PSAP Fnnds) (Resolntion not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 21. Resolution awarding a purchase order to W. Wood and Associates for comprehensive maintenance of landscape and irrigation for the San Bernardino Soccer Complex for a period of December 1, 2002 through June 30, 2003. (See Attached) (Cost to the City -- $35,000 from the Soccer Complex Fund) Ward 7 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Heard at the Ways and Means Committee Meeting on December 9, 2002 - Members Present: McCammack, McGinnis and Derry 22. Request for funding for 4. of July Parade and Celebration at Arrowhead Credit Union Park. (See Attached) (Cost to the City -- $45,700 from the General Fund.) (Item Continued on Next Page) 8 12/16/2002 22. Continued. MOTION: That the recommendation of the Ways and Means Committee for funding in the amount of $45,700 to cover costs connected with the 2003 4'" of July Parade and Celebration at Arrowhead Credit Union Park, be approved. City Administrator 23. Set budget workshop - Monday, 9:00 a.m., January 13, 2003 or January 27, 2003 - Economic Development Agency Boardroom - to review Fiscal Year 2002/2003 City and Economic Development Agency budgets. (See Attached) MOTION: That the Mayor and Common Council/Community Development Commission set a budget workshop for Monday, January 13, 2003 or January 27, 2003 at 9:00 a.m., in the Economic Development Agency Boardroom to review the Fiscal Year 2002/2003 City and Economic Development Agency budgets. END OF COMMITTEE CONSENT CONTINUED ITEMS Development Services CONTINUED FROM DECEMBER 2, 2002 24. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement for the extension of sewer services in unincorporated territory relative to the San Bernardino County Animal Shelter at 19777 Cajon Boulevard. (Backup material was distributed on December 2, 2002, Item No. 32.) Ward 6 MOTION: That the matter be tabled. END OF CONTINUED ITEMS 9 12/16/2002 STAFF REPORTS Code Compliance 25. An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 15.24.050 Maintenance requirements for multi- residential, commercial, and industrial properties. (See Attached) (No cost to the City.) (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS 10 12/16/2002 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, DECEMBER 16, 2002 -7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS TO BE HEARD AT 7:00 P.M. 26. Public hearing - General Plan Amendment No. 02-01 to change the land use designation from RMH, Residential Medium High, to CG-1, Commercial General for 1.12 acres located on the east side of Tippecanoe A venue between Gould and Davidson Streets. (See Attached) Ward I Resolution of the City of San Bernardino adopting General Plan Amendment No. 02-01 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RMH, Residential Medium High, to CG-I, Commercial General, for 1.12 acres located at 1155 and 1623 East Gould Street and 1158 East Davidson Street. (Resolution not available at time of printing.) Owner/Applicant: Robert Stewart 10535 Anderson Street Loma Linda, CA 92354 Request/Location: The applicant requests a change in the land use designation of approximately 1.12 acres from RMH, Residential Medium High, to CG-1, Commercial General land use district. The proposed site is located on the east side of Tippecanoe A venue between Gould and Davidson Streets. Mayor to open the hearing. . . MOTION: That the hearing be closed; and that said resolution be adopted. 11 12/16/2002 TO BE HEARD AT 7:00 P.M. 27. Public hearing - General Plan Amendment No. 02-06 - to change the land use designation of approximately 3.02 acres from RL, Residential Low, to RS, Residential Suburban, at northeast corner of Olive and Ohio Avenues. (See Attached) (No cost to the City.) Ward 5 Owner: Hector Calderon 13050 East Valley Blvd., Suite 207 La Puente, CA 91746 Applicant: Manuel Espino 11213 Downey Avenue Downey, CA 90241 Request/Location: The applicant requests a change in the land use designation of approximately 3.02 acres from RL, Residential Low, to RS, Residential Suburban. The location for the proposed amendment is at the northeast corner of Olive and Ohio A venues. Mayor to open the hearing. . . MOTION: That the hearing be closed; and General Plan Amendment No. 02-06 be denied based upon the Findings of Fact in the Planning Commission's staff report. TO BE HEARD AT 7:00 P.M. 28. Public hearing - Development Code Amendment No. 02-02 - to mOdifY parking requirements for restaurants. (See Attached) (No cost to the City.) An ordinance of the City of San Bernardino amending Section 19.24.040 of the San Bernardino Municipal Code (Development Code) related to parking requirements for restaurants. FIRST READING (Ordinance not available at time of printing.) Applicant: City of San Bernardino Economic Development Agency 201 N. "E" Street San Bernardino, CA 92418 Request/Location: An amendment to the Development Code to modifY parking standards for restaurants. (Item Continued on Next Page) 12 12/16/2002 28. Continued. Mayor to open the hearing. . . MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. TO BE HEARD AT 7:00 P.M. 29. Public hearing - appeal of the Planning Commission's determination -- Conditional Use Permit No. 02-10 and Variance No. 02-07. (See Attached) (No cost to the City.) Ward 3 Appellant: Mark Sandoval 111 North 5'" Street, No.8 Redlands, CA 92373 Request/Location: The appellant is appealing the Planning Commission's determination of Conditional Use Permit No. 02-10 and Variance No. 02-07. The Conditional Use Permit was requested to establish a fast-food drive-thru restaurant at the southeast corner of Rosewood and Tippecanoe A venues. The site is approximately 26,572 square feet and located in the CG-1, Commercial General, land use district. The site is also located in the Freeway Corridor Overlay District. Mayor to open the hearing. . . MOTION #1: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's determination of Conditional Use Permit No. 02-10 and Variance No. 02-07 that precludes parking within the Freeway Corridor Overlay District 25-foOl landscape setback; or MOTION #2: That the hearing be closed; and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 02-10 and Variance No. 02- 07, based on the Revised Findings of Fact (Exhibit 7) and subject to the Conditions of Approval and Standard Requirements (Exhibit 3, Attachments C and D). END OF PLANNING ITEMS IJ Revised - 12116/2002 COMMUNITY DEVELOPMENT COMMISSION ITEMS TO BE HEARD AT 7:00 P.M. R30. Public Hearing - affordable Senior Citizen Rental Housing Home Grant and Disposition and Development Agreement (DDA) - TELACU Senior Housing Development San Bernardino II, Inc. - 4'" and H Streets. (Cost to the Agency __ $362,000 from the HOME Grant Fund.) Ward 1 A. Resolution of the Community Development Commission of the City of San Bernardino (1) acknowledging receipt of a Summary Report relating to the proposed 2002 Affordable Senior Citizen Rental Housing Home Grant and Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino, California (Agency) and TELACU Housing - San Bernardino II, Inc., a California Non-profit Corporation (Developer), 750 West 4ili Street, Central City North Redevelopment Project Area and (2) authorizing the transfer by the Redevelopment Agency of the parcel located at 750-752 West 4ili Street to the Developer - Central City North Redevelopment Project Area. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino (1) acknowledging receipt of a Summary Report relating to the proposed 2002 Affordable Senior Citizen Rental Housing Home Grant and Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino, California (Agency) and TELACU Housing - San Bernardino II, Inc., a California Non-profit Corporation (Developer), 750 West 4ili Street, Central City North Redevelopment Project Area and (2) authorizing the transfer by the Redevelopment Agency of the parcel located at 750-752 West 4ili Street to the Developer - Central City North Redevelopment Project Area. (Resolntion not available at time of printing.) Mayor to open the hearing. . . MOTION: That the hearing be closed; and that said resolutions A & B, be adopted. 14 12116/2002 TO BE HEARD AT 7:00 P.M. R31. Public hearing - Disposition and Development of Agency owned land in the Verdemont Area, south of Irvington Avenue, AKA: Glazier, Tentative Tract Map No. 15407. (Cost to the Agency -- $15,000 - $20,000 escrow and closing costs, and $100,000 in Mortgage Assistance Program funds.) Ward 5 A. A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Agency Executive Director to execute a Disposition and Development Agreement (DDA) by and between the Redevelopment Agency of the City of San Bernardino and Century Crowell Communities, LP and Olive Crest, LLC (GFR Enterprises, Inc.) (the "Developers") for development of the Agency property located south of Irvington A venue, east of Palm Avenue (AKA: TT#15407 Glazier) ("The Site"). (Resolution not available at time of printing.) B. A Resolution of the Mayor and Common Council of the City of San Bernardino (I) acknowledging receipt of a Summary Report relating to the Disposition and Development Agreement by and between the Redevelopment Agency (Agency) and Century Crowell Communities, LP and Olive Crest, LLC (GFR Enterprises, Inc.) ("Developers"). and (2) authorizing the sale by the Agency of the site. (Resolution not available at time of printing.) Mayor to open the hearing. . . MOTION: That the hearing be closed; and that said resolutions A & B, be adopted. TO BE HEARD AT 7:00 P.M. R32. Public hearing - to consider review of the Implementation Plan (AB 1290). (No cost to the City.) Wards 1-7 A Resolution of the Community Development Commission of the City of San Bernardino, the governing body of the Redevelopment Agency of the City of San Bernardino, approving a certain Implementation Plan Review Report for the various redevelopment project areas of the City of San Bernardino (2002). (Resolution not available at time of printing.) Mayor to open the hearing. . . MOTION: That the hearing be closed; and that said resolution be adopted. 15 12/16/2002 TO BE HEARD AT 7:00 P.M. R33. Public hearing - reallocation of Community Development Block Grant (CDBG) funds for Downtown "E" Street Median Project - award of construction contract and Old Towne Streetscape Plan. (Cost to the Agency/City -- $350,000 from Community Development Block Grant Funds and from Gas Tax Funds.) Wards 1&2 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a contract to International Pavement Solutions, Inc. for the construction of the Downtown "E" Street Median Project. (Resolntion not available at time of printing.) Mayor to open the hearing. . . MOTION: That the hearing be closed; that the Mayor and Common Council approve the reallocation of 1999-2003 Community Development Block Grant (CDBG) Funds in the amount of $350,000 to the following projects (1) Downtown "E" Street Median Project in the amount of $250,000 and (2) Pilot Streetscape Improvement Project within the Old Towne Housing Target Area in the amount of $100,000; and amendment to Five-Year Consolidated Plan and the respective Annual Plan; and that said resolution be adopted. R34. Resolution of the Community Development Commission of the City of San Bernardino, California, adopting the Economic Development Agency's Annual Statement of Investment Policy for the Year 2003. (See Attached) (No cost to the Agency.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. R35. Resolution of the Community Development Commission of the City of San Bernardino, California, approving amendments to Exhibits "A", "B-1", "B-2", "B-3", "C-19" through "C-2I", "C-32" through "C-34", "C-44" through "C- 46", "C-52" through "C-54", and Sections 6, 17, and 32; addition of Exhibits "C-57" through "C-69"; and deletion of Exhibits "C-I2" through "C-14", "C- 22 through "C-24", and "C-29" through "C-31" of the Personnel Policies and Procedures for all employees of the City of San Bernardino Economic Development Agency. (No additional cost to the Agency through FY 2003/2004. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 16 Revised - 12/16/2002 36. 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.) 37. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 1:30 p.m., Monday, January 6, 2003, in the Council Chambers of City Hall, 300 North "D" Street. The public portion of the meeting will begin at 3 :00 p.m. 17 12/16/2002 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. 18 12/1612002