HomeMy WebLinkAbout11-16-1998 Jt. Reg Mtg Agenda AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 16, 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 10 & 11.)
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)
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VOW
1. Continued.
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:
Property: 247 W. Third Street
Negotiating Parties: Gary Van Osdel, on behalf of the
Economic Development Agency and
Terrance Moore, on behalf of
Caltrans
Under Negotiation: Price, terms and conditions
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
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 17, be adopted except for ,
and
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.
3 11/16/1998
Now
7. Council Minutes.
MOTION: That the minutes of the following meetings of the
Mayor and Common Council/Community
Development Commission of the City of San
Bernardino as submitted in typewritten form be
approved:
September 21, 1998 (Distributed on 11/5/98)
September 29, 1998 (Distributed on 11/4/98)
October 5, 1998 (Distributed on 11/5/98)
8. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
November 9, 1998, from Barbara Pachon, Director of
Finance, be approved.
9. Personnel Actions. (See Attached)
MOTION: That the personnel actions as submitted by the Chief
Examiner, dated November 5, 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 Administrator's Office
10. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Administrator to submit an
application for grant funds from the California Healthy Cities
Project for the following project: "Youth Takin' on Tobacco Project".
(See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
4 11/16/1998
City Attorney's Office
LAID OVER FROM NOVEMBER 2, 1998
11. An ordinance of the City of San Bernardino adding Sub-Section
A.11 to Section 9.90.010 of Title 9 of the San Bernardino
Municipal Code empowering San Bernardino Community College
Police to arrest and issue citations for violations of Title 9 of the
San Bernardino Municipal Code. FINAL READING (Backup
material was distributed on November 2, 1998, Item No. 16.)
MOTION: That said ordinance be adopted.
Code Compliance
12. Resolution of the City of San Bernardino confirming costs of
abatement of public nuisances and imposing liens on certain real
property located within the City of San Bernardino for the costs of
the abatement. (See Attached)
MOTION: That said resolution be adopted.
Council Office
LAID OVER FROM NOVEMBER 2, 1998
13. An ordinance of the City of San Bernardino adding Section
5.04.378 to Title 5 of the San Bernardino Municipal Code relating
to pedestrian food vendors. FINAL READING (Backup material
was distributed on September 21, 1998, Item No. 22, and was
continued to November 2, 1998, Item No 19.)
MOTION: That said ordinance be adopted.
Development Services
LAID OVER FROM NOVEMBER 2, 1998
14. An ordinance of the City of San Bernardino amending Chapter
19.06, Section 19.06.020, Table 06.01 and amending Chapter
19.06, Section 19.06.030, Table 06.03 of the San Bernardino
Municipal Code (Development Code) to add mini-storage as a
conditionally permitted use in CG-1, Commercial General Land
Use District. FINAL READING (Backup material was
distributed on November 2, 1998, Item No. 24.)
MOTION: That said ordinance be adopted.
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15. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Bonadiman-McCain, Inc., for
the widening of Kendall Drive Bridge at Cable Creek Channel per
Plan No. 9728. (See Attached) (Cost to the City -- $488,000
from the Y2 Cent Sales and Road Tax Fund.) Ward 5
MOTION #1: That the Mayor and Common Council be
authorized to amend FY 1998/99 Capital
Projects budget and increase Account No. 129-
367-5504-7068 by $90,000; and
MOTION #2: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Valley Slurry Seal Company for
pavement rehabilitation by slurry seal method, Phase VI, between
Fifth Street and Baseline, and between I-215 and Lytle Creek. (See
Attached) (Cost to the City -- $585,000 from the Y2 Cent Sales
and Road Tax Fund.) Wards 1, 3, & 6
MOTION: That said resolution be adopted.
Public Services
17. Resolution of the City of San Bernardino authorizing the
Purchasing Manager to issue a purchase order to Consolidated
Fabricators for the purchase and delivery of commercial roll-off
refuse bins to be utilized by the Public Services Department. (See
Attached) (Cost to the City -- $45,983.47 from the Refuse
Fund.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC MEETING
TO BE HEARD AT 10:00 A.M.
18. Public meeting - Inland Center Drive and Riverwalk Drive Area
Landscape and a Sewer Lift Station Maintenance Assessment
District (AD 1024 - Tract No. 14706). (See Attached) (No cost
to the City -- $4,000 cost paid by petitioner.) Ward 3
(Item Continued on Next Page)
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18. Continued.
MOTION: That the public meeting relative to the formation of
Inland Center Drive and Riverwalk Drive Area
Landscape and a Sewer Lift Station Maintenance
Assessment District (AD 1024 - Tract No. 14706), be
closed; and protests, if any, be carried over to the
public hearing on December 7, 1998 at 10:00 a.m.
END PUBLIC MEETING
STAFF REPORTS
City Administrator's Office
19. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a service agreement
with Big Red Apple, regarding the marketing and management of
the San Bernardino Stadium. (See Attached) (Cost to the City --
$50,000 from the Baseball Stadium Fund.) (Resolution not
available at time of printing.) Ward 3
MOTION: That said resolution be adopted; reject all other bids
and authorize the Director of Finance to amend the FY
1998/99 budget to reflect an increase of $50,000 in
Account No. 133-461-5505 (Other Professional
Services).
Council Office
20. Appointment of Council Member Jerry Devlin to the
Redevelopment Committee. (See Attached)
MOTION: That the appointment of Council Member Jerry Devlin
to the Redevelopment Committee, be approved.
Development Services
21. Approve Contract Change Order No. One - installation of
underground fuel tanks and new fuel station at City Yard, and
removal of existing fuel tanks and contaminated soils. (See
Attached) (Cost to the City -- $8,627.34 from the Library/Fire
Refinance Capital Projects Fund.) Ward 5
(Item Continued on Next Page)
7 11/16/1998
21. Continued.
MOTION: That the Mayor and Common Council approve Change
Order No. One to the contract with Spencer 8v Jones
General Contractors for the design/build/installation
of a new fuel station and the removal of the existing
fuel stations and contaminated soil at an increase of
$8,627.34 to the original contract price of $503,890.
This increase will compensate the contractor for
additional work required in the installation of a
Sand/Oil Clarifier, concrete pad, two additional catch
basins, and the reduction of the quantity of asphalt
pavement.
Human Resources
22. Provision of City's various insurance benefits. (See Attached)
MOTION: That the Mayor be authorized to execute an agreement
with Delta Dental to provide the City's dental
insurance benefits and with UNUM Insurance to
provide the City's life, accidental death and
dismemberment and long term disability insurance
benefits, subject to City Attorney approval and
ratification of the final agreement by the Common
Council.
END OF STAFF REPORTS
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
CONTINUED FROM NOVEMBER 2, 1998
23. Appeal hearing - Conditional Use Permit No. 98-06 and Variance
No. 98-02 - a proposal to establish an indoor storage facility in an
existing 11,500 square foot building, and outdoor vehicle impound
yard, and a request for variances for setbacks and fence/wall
heights at 197 South "D" Street. (Backup material was
distributed on October 5, 1998, Item No. 48, Item was
continued to November 2, 1998, Item No. 23.) Ward 3
Appellant: John Jensen
444 Athol Street
San Bernardino, CA 92401
(Item Continued on Next Page)
8 11/16/1998
23. Continued.
Applicant/Owner: Brenda & Michael Allen
206 North "D" Street
San Bernardino, CA 92401
Request/Location: The applicant requests approval to vary from
Development Code standards as follows: 1) reduce the ten foot
front and side street setbacks (along "D" and Athol Streets) to five
feet and four feet; 2) reduce the ten foot interior side and rear
setbacks to zero to accommodate the establishment of an outdoor
vehicle impound yard (with a six foot screening wall along a portion
of "D" Street; and 3) increase the maximum allowable fence and
wall heights in the front and street side setbacks from six feet to
eight feet (along "D" and Athol Streets). The 0.73 acre site is
located at 197 South "D" Street on the northeast corner of Athol
and "D" Streets, in the IL, Industrial Light, General Plan land use
designation.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and
Common Council deny the appeal and uphold the
Planning Commission's approval of Conditional Use
Permit No. 98-06 and Variance No. 98-02, based on
the findings of fact, subject to the conditions of
approval and standard requirements in the staff report
dated September 24, 1998, from Michael E. Hays,
Director of Development Services.
24. 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 Seismic Retrofit of
various bridges. (See Attached) (No cost to the City.)
Wards 1, 3, & 6
MOTION: That said resolution be adopted
END OF PLANNING ITEMS
9 11/16/1998
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, NOVEMBER 16, 1998 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R25. Joint public hearing - to consider the terms of a proposed
disposition and development agreement by and between
Immigration and Naturalization Services (INS) Office, Inc., a
California Corporation and the Redevelopment Agency of the City
of San Bernardino - affecting a 3.27 acre site located on 655 West
Rialto Avenue - it is proposed that INS Office, Inc. (Vanir) shall
acquire such property from the Agency and undertake the
development of a 60,000 square foot office building on the
property, subject to the terms of the lease agreement by and
between the General Services Administration (GSA) and the Agency
for the U.S. Immigration and Naturalization Service regional
facility. The public hearing shall be conducted as set forth in
Health and Safety Code Section 33433. (No documentation
available at time of printing.)
R26. Single Family Rehabilitation Program - Outsourcing Services Phase
II. (See Attached) (Cost -- $607,500 from the 1998 CDBG Line
of Credit.) All Wards
MOTION: That the Mayor and Common Council authorize the
issuance of a one-year contract, in the forms
substantially as attached, with Neighborhood Housing
Services of the Inland Empire, Inc., (NHS) for home
improvement loan processing, home improvement
project management, and a Handyworker Grant
Program and set-aside $607,500 overall, from the
Single-Family Rehabilitation Loan Program for this
effort.
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Aftft
R27. Single Family Rehabilitation Program - Outsourcing Services,
Phase III. (See Attached) (Cost -- $100,000 from the 1998
CDBG Line of Credit.) All Wards
MOTION: That the Mayor and Common Council authorize the
one (1) year contract with San Bernardino West Side
Community Development Corporation for a
Handyworker Grant Program and set-aside $100,000
from the Single-Family Rehabilitation Program for this
effort.
R28. Authorize use of Home Investment Partnership Act Program
(HOME) Funds for Homebuyer Education Program. (See Attached)
(Cost -- $56,000 from the 1998 HOME Line of Credit.)
All Wards
MOTION: That the Mayor and Common Council authorize a one
(1) year contract, under HOME Project #98-401,
Mortgage Assistance Program, a Homebuyer Education
Program in the amount of $56,000 with Neighborhood
Housing Services of the Inland Empire, Inc.
R29. Authorize staff to prepare an Agreement with Theater Arts
International to manage the California Theater for one year,
commencing on December 1, 1998. (See Attached)
MOTION: That the Community Development Commission
authorize staff to prepare an agreement with Theater
Arts International to manage the California Theater for
one year, commencing on December 1, 1998, with a
thirty day termination clause by either party.
R30. Authorize preparation and execution of a Third Amendment to the
demolition assistance loan with Mr. Erwin Skadron, extending the
term of the loan from October 30, 1998, to October 30, 1999. (See
Attached) Ward 1
MOTION: That the Community Development Commission
authorize the Executive Director to prepare and
execute a Third Amendment to the demolition
assistance loan extending the term of the loan from
October 30, 1998 to October 30, 1999.
11 11/16/1998
'err►
31. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, December 7, 1998, in the Council Chambers of City Hall,
300 North "D" 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.
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