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HomeMy WebLinkAbout04-06-1998 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COWNILNITY DEVELOPMENT COWNIISSION OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 6, 1998 - 8:00 A.M. COUNCIL CHA!�IBERS 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) : Amrut N. Patel et al . vs James F Penman et al - United States District Court Case No . CV 91-01420 RSWL (Kx) ; Lawrence Crain by and through Sharon McGill vs . City of San Bernardino - United States District Court Case No. CV 97-5227 SVW (Cwx) ; Barney Salcedo vs . City of San Bernardino - United States District Court Case No . CV 97-4626 WDK (Rcx) ; State of California ex rel . Stull vs . Bank of America NT&SA - San Francisco Superior Court Case No. 968-484 ; (Item Continued on Next Page) 1 4/6/1998 1 . Continued. Williams v. City of San Bernardino et al - San Bernardino Superior Court Case No . SCV 33078 . 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 . END OF CLOSED SESSION 2 4/6/1998 RECONVENE MEETING - 9 : 00 A.M. PRESENT : ABSENT : INVOCATION: PLEDGE : 2 . Appointments : A. Human Relations Commission - Erna I . Schuiling - Council Member Miller. (See Attached) B . Bureau of Franchises - Paul L. Riccio - Council Member Miller. (See Attached) MOTION: That the appointments of Erna I . Schuiling and Paul L. Riccio, as requested by Council Member Miller, 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 15 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 , be waived. 3 4/6/1998 7 . Council Minutes . MOTION: That the minutes of the following meetings of the Mayor and Common Council of the City of San 'Bernardino, be approved as submitted in typewritten =orm: February 16, 1998 (Distributed on 3/23/98 March 2, 1998 (Distributed on 3/17/98) March 11, 1998 (Distributed on 3/18/98) March 14, 1998 (Distributed on 3/23/98) 8 . Claims and Payroll . (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 31, 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 March 23 , 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 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. Parks, Recreation & Community Services 11 . Authorize Director of Parks, Recreation and Community Services Department to apply for and administer a grant in the amount of $230, 000 from United States Department of Agriculture for the administration of the Summer Food Service Program for Children. (See Attached) (No cost to the City. ) (Item Continued on Next Page) 4 4/6/1998 11 . Continued. MOTION: That the Parks, Recreation and Community Services Director be authorized to apply for and administer a grant in the amount of $230 , 000 from United States Department of Agriculture for the administration of the Summer Food Service Program for children. Personnel 12 . Resolution of the City of San Bernardino amending Resolution No . 6413 , Section Thirteen, temporary/part-time employees, entitled in part a "Resolution. . . establishing a basic compensation plan . . by updating information codifying prior Council actions . (See Attached) (No cost to the City - - program is federally funded. ) (Resolution not available at time of printing. ) MOTION #1 : That salary increases for the following Headstart/Preschool positions retroactive to September 1 , 1997 , be approved : Teacher/Director from $12 . 73/hour to $13 . 10/hour; Teacher from $10 . 53/hour to $11 . 38/hour; Typist Clerk from $6 . 89/hour to $7 . 52/hour; and Teacher Aide from $6 . 89/hour to $7 . 52/hour; and MOTION #2 : That the positions of Teacher Aide (Headstart) and Typist Clerk (Headstart) , part- time/temporary, be listed in the section of the resolution which identifies positions entitled to various benefits ; and MOTION #3 : That said resolution be adopted amending Resolution No. 6413 , Section 13 , to reflect this particular action. Public Services 13 . Resolution of the City of San Bernardino awarding a cooperative purchase order to Fairview Ford for furnishing and delivery of twenty-seven (27) each 1998 Ford Crown Victorias to be utilized by the Police Department of the City of San Bernardino . (See Attached) (Cost to the City -- $610, 855 .39 from the Motor Pool Fund. ) MOTION: That said resolution be adopted. 5 4/6/1998 Public Works/Encineering 14 . Resolution of the City of San Bernardino approving the final map for Subdivision Tract No. 15777, located on the southeast corner of Richardson Street and Coulston Street , 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) (No cost to the City. ) Ward 1 MOTION: That said resolution be adopted. 15 . Authorize rejection of all bids and readvertisement for bids on pavement rehabilitation at Sierra Way from Mill Street to Rialto, and at Mill Street from Mt . Vernon Avenue to "I" Street per Plan No . 9734 . (See Attached) (No cost to the city. ) Wards 1 & 3 MOTION: That all bids be rejected and that the Acting Director of Public Work/City Engineer be directed to readvertise for bids . END OF CONSENT CALENDAR STAFF REPORTS Public Works/Engineering 16 . Authorize advertisement of notice inviting bids relative to the sale of City-owned land located northwest of Little League Drive, northeast of I-215 Freeway. (See Attached) (No cost to the City. ) Ward 5 MOTION #1 : That the Real Property Section be authorized and directed to prepare a notice inviting bids and bid specifications for the sale of City- owned property excluding the five acre parcel on the northwest corner of Little League Drive and I-215 Freeway frontage road (APN 0261-171- 06) ; or MOTION #2 : That the Real Property Section be authorized and directed to prepare a notice inviting bids and bid specifications for the sale of City- owned property including the five acre parcel on the northwest corner of Little League Drive and I-215 Freeway frontage road (APN 0261-171- 06) . 6 4/6/1998 17 . Resolution of the City of San Bernardino awarding a contract to Doug Martin Contracting Company, Inc . , for pavement rehabilitation by slurry seal method between 9th Street and Baseline, and from "E" Street to Waterman Avenue . (See Attached) (Cost to the City -- $172 , 800 [$100, 000 from the Gas Tax Fund, and $72 , 800 from the 1/2 Cent Sales and Road Tax Fund] . ) Wards 2 & 7 MOTION: That said resolution be adopted. 18 . Approve Contract Change Order No . Six with MCM Construction, Inc . , for Orange Show Road extension from Arrowhead Avenue to Tippecanoe Avenue, per Plan No. 9142 . (See Attached) (Cost to the City -- $6, 620 . 51 from the Street Construction Fund. ) Wards 1 & 3 MOTION: That Contract Change Order No . Six to the contract with MCM Construction, Inc . , for the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue in accordance with Plan No . 9142 , be approved to pay for the portion of the conversion costs that each of the local residents would normally pay associated with the undergrounding of the existing overhead utilities on Pioneer Street, at a total additional cost to the contract of $6 , 620 . 51, increasing the contract total to $9 , 147, 390 . 76 from $9 , 140 , 770 . 25 . Finance 19 . An ordinance of the City of San Bernardino amending Chapter 3 . 44 of the San Bernardino Municipal Code reducing the amount of Service Users Tax to eight percent . FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS PLANNING 7 4/6/1998 r TO BE HEARD AT 11: 00 A.M. 20 . Determination of public convenience or necessity for a Type 21 Liquor License for the E1 Tigre Market located at 1184 West 2nd Street . (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 direct the Planning and Building Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 Liquor License for the E1 Tigre Market located at 1184 West 2nd Street . TO BE HEARD AT 11 : 00 A.M. 21 . Public hearing -- General Plan Amendment No . 97-07 - Development Code Amendment No. 97-05 and Conditional Use Permit No . 97-21 to change the land use designation from IH, Industrial Heavy, to OIP, Office Industrial Park, and establish a Children' s Services Center at 1499 South Tippecanoe Avenue . (See Attached) (No cost to the City. ) Ward 1 Resolution of the City of San Bernardino adopting General Plan Amendment No. 97-07 to the General Plan of the City of San Bernardino . An ordinance of the City of San Bernardino amending Chapters 19 . 02 and 19 . 08 of the San Bernardino Municipal Code (Development Code) regarding Children' s Services Centers . FIRST READING Mayor to open the hearing . . . Owner: Arthur and Phora Gerdes 4431 Palm Avenue Yorba Linda, CA 92886 Applicant : Children' s Fund Barbara O' Conner, Executive Director 385 N. Arrowhead Avenue, 2nd Floor San Bernardino, CA 92415 (Item Continued on Next Page) 8 4/6/1998 21 . Continued. Request/Location : A request to amend the General Plan land use plan from IH, Industrial Heavy, to OIP, Office Industrial Park; to amend the Development Code to include a definition of "Children' s Services Centers" as a conditionally permitted use within the OIP land use district ; and to establish a Children' s Services Center on a 1 . 59 acre site located at the southeast corner of Tippecanoe and Victoria Avenues, at 1499 South Tippecanoe Avenue . MOTION: That the hearing be closed; that the Mayor and Common Council adopt the negative declaration and the resolution which approves General Plan Amendment No. 97-07; that said ordinance be laid over for final adoption; and that Conditional Use Permit No . 97-21 be approved, based on the findings of fact and subject to the conditions of approval and standard requirements . END OF PLANNING ITEMS 9 4/6/1998 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF TBE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MATTERS MONDAY, APRIL 6, 1998 - 2:00 P.M. PRESENT: ABSENT: NOTICE: At this time, the Mayor and Common Council, acting as the Community Development Commission, will take action on items on the Economic Development Agency (Community Development Commission) agenda (s) . 22 . Adjournment . MOTION: That the meeting be adjourned to 9 : 00 a.m. , Wednesday, April 15, 1998 , in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino, California. 10 4/6/1998 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. 11 4/6/1998 r SUPPLEMENTAL AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION APRIL 6, 1998 Council Office S1 . Appointments - Animal Advisory Commission - Community Development Citizens Advisory Committee - Board of Fire Commissioners - Human Relations Commission - Council Member Lien. (See Attached) MOTION: That the following appointments as requested by Council Member Lien, be approved: Animal Advisory Commission M. Anne Jimenez Community Development Citizens Advisory Robert V. Lien Committee Board of Fire Commissioners Isabel C. Monroy Human Relations Commission Rev. Mary S . Martin Mayor' s Office S2 . Appointments to boards, commissions and committees - Mayor Valles . (See Attached) MOTION: That the following appointments as requested by Mayor Valles, be approved: Animal Advisory Commission James L. Lorenz (reappointment) Joyce Martin (reappointment - alternate) Nancy Sidhu (appointment) Board of Building Commissioners Leo J. Cash, Jr. (reappointment) Central City Parking Place Commission Salvatore F. Catalano (reappointment) James A. Davis (reappointment) 1 4/6/1998 S2 . Continued. Community Development Citizens Advisory Committee Beverly Ann Botts (reappointment) Robin Joyce Calote (appointment) Claudia Oakes (appointment) Thomas Pierce (reappointment) Martin Valdez (appointment) Fine Arts Commission Mildred L. McKim (reappointment) Gwendolyn Roberts (reappointment) Board of Fire Commissioners Richard C. Caldwell (reappointment) Human Relations Commission Draymond Crawford, II (appointment) Veleata Scott (appointment) Board of Library Trustees Robin Joyce Calote (appointment) Dr. Dottie Garcia (appointment) Main Street Advisory Board Jan Cox (reappointment) Veronica Martinez (appointment - alternate) Parks & Recreation Commission Max L. Alonso, III (reappointment) David J. Austin (reappointment) Planning Commission Kenneth G. Durr, Sr. (appointment) Dr. Ernie Garcia (appointment) Board of Police Commissioners Carl Clemons (appointment) Ben Gonzales (appointment - alternate) Senior Affairs Commission Fay Rodgers (reappointment) 2 4/6/1998 RACHEL CLARK City Clerk AGENDA 2 COPIES 2°d Floor MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "April 6, 1998 -2:00 p.m." (Joint Regular Meeting) Council Chambers, City Hall The City of San Bernardino Economic Development Agency recognizes its obligation to provide equal access to public services 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: ROLL CALL: PRESENT: ABSENT: ------------------------------------------------------------------------------------------------------------------------------------ 1. PRESENTATIONS ----------------- ----------------- --------------------- CONSENT CALENDAR MOTION: That the motions indicated by Consent Calendar items numbered "2"through "9" be adopted, except for items numbered: 2. WAIVE FULL READING OF RESOLUTIONS AND ORDINANCES (Mayor and Common Council) (Community Development Commission) MOTION: That full reading of the Resolutions and Ordinances on the regular, supplemental, and addendum to the supplemental agenda(s), be waived. ----------------- ----------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:Imp:cdc98-4r 1 Date:April 6, 1998 3. COMMUNITY DEVELOPMENT COMMISSION MINUTES (Community Development Commission) MOTION: That the minutes of the Community Development Commission Meeting for the meeting date of February 16, 1998, be approved and adopted. ----------------- ----------------- 4. CONSOLIDATED PLAN RELATED ITEMS—PROJECTS 96-234 (Mayor and Common Council) MOTION: That the Mayor and Common Council of the City of San Bernardino authorize and direct the execution of a Community Development Block Grant(CDBG) funding agreement between the City of San Bernardino and the corresponding agency (Project 96-234). ----------------- ----------------- 5. CONSOLIDATED PLAN RELATED ITEMS— PROJECTS 96-213 (Mayor and Common Council) MOTION: That the Mayor and Common Council of the City of San Bernardino authorize and direct the execution of a Community Development Block Grant(CDBG) funding agreement between the City of San Bernardino and the corresponding agency (Project 96-213). ----------------- ----------------- 6. CONSOLIDATED PLAN RELATED ITEMS—PROJECTS 97-229 (Mayor and Common Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST AMENDMENT OF A COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY AND FOR LEASE/PURCHASE OF FIRE APPARATUS (PROJECT#97-229). ----------------- ----------------- ----------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:Imp:cdc984r 2 Date:April 6, 1998 MOTION B: That the Mayor and Common Council of the City of San Bernardino authorize and direct the execution of Community Development Block Grant(CDBG) Funding Agreements between the City of San Bernardino and the corresponding Agency (Project 96-229). ----------------- ----------------- 7. CONSOLIDATED PLAN RELATED ITEM—SET PUBLIC HEARING FOR FOURTH YEAR ACTION PLAN (Mayor and Common Council) MOTION: That the Mayor and Common Council set May 4, 1998, at 2:00 p.m., in City Council Chambers, as the date, time and place for the public hearing to receive citizen comments on and to consider approval of the draft Fourth Year Action Plan component of the 1995- 1999 Consolidated Plan for certain federal funds. ----------------- ----------------- 8. REPLACEMENT OF UNDERGROUND STORAGE TANKS (UST'S)AT FIRE STATIONS 3 AND 6 (Mayor and Common Council) MOTION A: That$35,000 be used from a Community Development Block Grant(CDBG) that was previously approved for this project. ----------------- ----------------- MOTION B: That staff be authorized to prepare plans and specifications and solicit bids for the removal of the UST's at Fire Stations 3 and 6, and that they be replaced by one above-ground storage tank at each station, ----------------- ----------------- 9. AWARD OF CONTRACT FOR INSTALLATION OF LANDSCAPING ON NORTHPARK BOULEVARD WEST OF UNIVERSITY PARKWAY PER PLAN NO. 9600. (Community Development Commission) MOTION: RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO I/C CALS. FOR INSTALLATION OF STREET LANDSCAPING ON NORTHPARK BOULEVARD, WEST OF UNIVERSITY PARKWAY. ----------------- ----------------- ----------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:lmp:cdc98-4r 3 Date:April 6, 1998 END OF CONSENT CALENDAR ---------------------------- ------------------ COMMITTEE CONSENT CALENDAR MOTION: That the motion indicated by Committee Consent Calendar item number"10", be adopted, except for item number: 10. CREEKSIDE VILLAGE APARTMENTS—STEADFAST PROPERTIES , INC.—(Redevelopment Committee Meeting—March 23, 1998) (Mayor and Common Council) MOTION: That the Mayor and Common Council approved the attached Cooperative Agreement between the County and City for execution by the Mayor. ----------------- ----------------- END OF COMMITTEE CONSENT CALENDAR ---------------------------- TO BE HEARD AT 2:00 P.M. 11. PREMIS PARTNERS (RUSS HATLE) -AMENDMENT OPEN PUBLIC HEARING CLOSE PUBLIC HEARING (Mayor and Common Council) MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND PREMIS PARTNERS. ----------------- ----------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:lmp:cdc98-4r 4 Date:April 6, 1998 (Community Development Commission) MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. 1 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND PREMIS PARTNERS. ----------------- ----------------- 12. COUNTY COURT EXPANSION (Community Development Commission) MOTION: That the Community Development Commission appropriate$300,000 to assist in the expansion of the County Court system and authorize the Mayor to execute an agreement with the County as approved by the City Attorney providing for the assistance. ----------------- ----------------- 13. ADJOURN TO CLOSED SESSION MOTION A: Pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: SW Corner of Tippecanoe and Hospitality Lane Negotiating Parties: Henry D. Finkelstein; Timothy C. Steinhaus on behalf of the Economic Development Agency Under Negotiation: Price and Terms of Payment ----------------- ---------------- MOTION B: Pursuant to Government Code Section 54956.8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 247 West Third Street San Bernardino, CA Negotiating Parties: State of California; Timothy C. Steinhaus on behalf of the Economic Development Agency Under Negotiation: Price and Terms of Payment ----------------- ---------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:Imp:cdc98-4r 5 Date:April 6, 1998 14. ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council and the Community Development Commission be adjourned. ------------------ ---------------- ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:Imp:cdc98-4r 6 Date:April 6, 1998