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HomeMy WebLinkAbout04-01-2002Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 1, 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 & 15.) 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): 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; (Item Continued on Next Page) 1 04/01/2002 1. Continued. Richard Jimenez and Eloisa Bravo Jimenez v. City of San Bernardino, et al. - United States District Court Case No. EDCV 97-00086 RT (CR); San Bernardino Hotel/Motel Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCV 264661. 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. 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. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: HUB Properties Negotiating Parties: Gary Van Osdel for the Redevelopment Agency and 0281-081-01 0281-081-02 0281-081-03 0281-081-04 0281-081-05 0281-082-05 0281-082-06 Cecilia Moreno Cecilia Moreno Cecilia Moreno Janice S. Casey Gina Ramirez Gerry C. Politano & Lea G. Politano Cruz Avila & Leonor Avila 2 04/01/2002 1. Continued. 0281-082-07 0281-082-08 0281-082-09 0281-082-10 0281-082-11 0281-082-12 0281-082-13 0281-082-14 0281-082-15 0281-082-16 0281-082-17 0281-082-26 0281-082-27 0281-082-28 0281-082-29 0281-082-30 0281-082-32 0281-082-33 0281-082-34 0281-082-35 0281-082-36 0281-082-37 0281-082-38 0281-082-39 0281-082-40 0281-082-41 0281-082-55 0281-082-57 0281-083-01 0281-083-02 0281-083-04 0281-083-05 0281-083-06 0281-083-07 0281-083-08 0281-083-09 0281-083-10 0281-083-11 0281-083-12 0281-083-13 0281-083-14 0281-083-15 0281-083-16 0281-083-17 0281-083-18 0281-083-20 0281-091-39 Under Negotiation: Ronnie E. Searcy & Susan Arm Searcy Jose T. Castaneda & Brenda Castaneda Anthony Grgec & Gloria E. Grgec Anthony Grgec & Gloria E. Grgec Angelina Rodriguez Coeur Alta J.Moffitt Charles L. Brown Elisa L. Gurrola & Evangelina L. Montez Juan P. Trujillo & Consuela Y. Trujillo Chia- Ping Hwang & Mei Fan Hwang Enrique Villapando & Mary Villapando West End Investments Kreten Jakobsen & Rebecca G. Jakobsen Kreten Jakobsen & Rebecca G. Jakobsen Neil Calvin Hansen, Jr. & Sandra Kay Hansen Ronald Norris & Phyllis Norris David V. Kon, Trustee David V. Kon, Trustee Juan P. Trujillo & Consuela Y. Trujillo Ro berto o. Betancourt & Rita M. Betancourt Pedrito B. Tongpo & Perida I. Tongpo Pedrito B. Tongpo & Perida I. Tongpo Henry W. Shelton & Betty J. Shelton George R. Hallock & Janet Knickerbocker Altegra Credit Co Blue Diamond Unlimited, Inc Henry W. Shelton & Betty J. Shelton Vibhakerbhai B. Patel & Vimalaben Patel Alfred Anthony Simental L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Henry W. Shelton & Betty J. Shelton Henry W. Shelton & Betty J. Shelton Leo Rittenhouse Harold P. Luke & Chintana V. Luke J. C. Hancock & Lorean Hancock Henry W. Shelton & Betty J. Shelton Victor M. Castillo Fern I. Kopitzke, Trustee Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Jaks, L.L.c., A CA Limited Liability Co. Purchase terms & conditions END OF CLOSED SESSION 3 04/01/2002 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments: A. Approve reappointments recommended by Council Member Neil Derry: 1. Community Development Citizens Advisory Commission- Lenore H. Schon. 2. Animal Control Commission - Susan Dawson. 3. Community Television Commission Congdon. Stephani L. 4. Parks & Recreation Commission - Felix D'Amico. 5. Police Commission - Eugene P. Boisvert. MOTION: That the reappointments AI-A5, as recommended by Council Member Derry, be approved. B. Appointment - James Morris - Planning Commission - Mayor Valles. MOTION: That the appointment of James Morris to the Planning Commission, as requested by Mayor Valles, be approved. 3. Presentations. 4. Announcemen ts by Mayor and Common Council. 4 04/01/2002 CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 20, 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, su pplemen tal and addend um to the su pplemen tal agendas of the Mayor and Common Council/Community Development Commission be waived. 6. Item Deleted. 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 20, 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 March 26, 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. Development Services 9. Amendment of Authorization to Proceed - Proposed vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont Drive and plan approval. (See Attached) (No cost to the City -- $1,000 processing fee paid by applicant.) Ward 4 (Item Continued on Next Page) 5 04/01/2002 9. Continued. MOTION #1: That the Director of Development Services and the City Clerk be authorized to proceed with the amended vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont Drive; and MOTION #2: That Plan No. 10122A showing the proposed amended vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, north of Piedmont Drive, be approved. 10. Resolution of the City of San Bernardino authorizing and directing execu tion of a grant of easement document for Verizon California, Inc. across City-owned property located at Mount Vernon Avenue, north of 10th Street. (See Attached) (No cost to the City.) (Resolution not available at time of printing) Ward 6 MOTION: That said resolution be adopted. 11. Resolution of the City of San Bernardino authorizing the filing of an application with the Local Agency Formation Commission of the County of San Bernardino for a Sphere of Influence Amendment and the reorganization of territory between the City of San Bernardino and the City of Highland, generally located along 3rd Street east of Tippecanoe Avenue. (See Attached) (No cost to the City.) Ward 1 MOTION: That said resolution be adopted. 12. Authorization to proceed and plan approval - proposed vacation of portions of Waterman Avenue Frontage Road, south of Caroline Street, north of Union Pacific Railroad. (See Attached) (No cost to the City -- $1,000 processing fee to be paid by the applicant.) Ward 3 (Item Continued on Next Page) 6 04/01/2002 12. Continued. MOTION #1: That the Director of Development Services and City Clerk be authorized to proceed with the proposed vacation of portions of Waterman Avenue, south of Caroline Street, north of Union Pacific Railroad, and that Plan No. 10421, depicting the proposed vacation be approved; and MOTION #2: That the Director of Development Services be authorized to prepare a lease agreement to be executed contingent upon completion of the vacation. 13. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of four project applications for FY 2003/2004 Hazard Elimination Safety (HES) Program funding. (See Attached) (Cost to the City $19,700 from the Traffic Systems Construction Fund.) Wards 1, 3, 5 & 7 MOTION: That said resolution be adopted. Fire 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of a contract proposal for the development and implementation of a Metropolitan Medical Response System (MMRS) and accept funding allocation in the amount of $400,000. (See Attached) (No cost to the City.) All Wards MOTION: That said resolution be adopted. Human Resources 15. Resolution of the City of San Bernardino approving a Side Letter to Resolution No. 2001-94, Resolution establishing Management/ Confidential and Unclassified Compensation and Benefits Plan, amending Sections H--Uniform Allowance and J--Education Incentive Pay, and adding new sections to Sections I--PERS, Q--Vacation Leave and X--Holidays, for Police Safety Management Employees. (See Attached) (Cost to the City -- $92,000 [annually] to the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 7 04/01/2002 Parks, Recreation & Community Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the issuance of a purchase order to W. Wood and Associates in an amount not to exceed $27,000 for comprehensive irrigation repair and turf management of the CYSA soccer fields. (See Attached) (Cost to the City -- $75,000 General Fund budget amendment.) Ward 7 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2001-2002 adopted budget and increase the Parks Maintenance Expenditure budget in Account No. 001-382-5506 in the amount of $27,000 and increase the Parks Materials and Supplies budget in Account No. 001- 382-5111 in the amount of $48,000 and increase the revenue budget in Account No. 001-000-4670 as outlined in the staff report dated March 18, 2002, from Lemuel P. Randolph, Director of Parks and Recreation. Public Services 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing increases to annual purchase orders to Star Auto Parts, RDO Truck Center and San Diego Rotary Broom for the purchase of automotive parts and supplies utilized by the Public Services Department Fleet Division. (See Attached) (Cost to the City -- $71,000 from the Motor Pool Fund.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2001/2002 budget transferring $71,000 from Account No. 635- 341-5173, Outside Vehicle Maintenance. into Account No. 635-341-5111, Materials and Supplies. 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order between the City of San Bernardino and Guzman Construction Company, for repair of sidewalks, curbs, gutters, and driveways at various locations throughout the City of San Bernardino. (See Attached) (Cost to the City -- $96,812.70 from the General Fund.) Wards 3, 4, 5, 6 & 7 MOTION: That said resolution be adopted. 8 04/01/2002 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Fairview Ford for eighteen (18) Year 2003 Ford Crown Victoria Police Interceptors; and authorizing the Purchasing Manager to solicit lease-purchase rate quotes and award a lease-purchase to the lowest responsible leasing company. (See Attached) (Cost to the City -- $434,156.94 plus lease cost over three years.) All Wards MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino supporting the Coun ty of San Bernardino Fire Department, as lead agency, to submit a regional application for a Household Hazardous Waste Grant for the collection of cathode ray tubes (CRTS). (See Attached) (No cost to the City.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee on March 20, 2002 Committee Members Present: McCammack and McGinnis 21. Request for waiver of fees - The Rock Church and World Outreach Center. (See Attached) (Cost to the City -- $20,000 waiver of Cultural Development Fees.) Ward 3 MOTION: That the Mayor and Common Council approve a fee waiver in the amount of $20,000 for the Rock Church and World Outreach Center. 22. Request for waiver of fees -- Inland Empire Hispanic Chamber of Commerce for assistance with the Cinco de Mayo Family Festival- May 4 & 5, 2002. (See Attached) (Cost to the City -- $18,739.67 from the General Fund.) Ward 1 MOTION: That the request from the Hispanic Chamber of Commerce for waiver of fees for City personnel and equipment in the amount of $18,739.67 to assist in 9 04/01/2002 the conduct of the Cinco de Mayor Festival scheduled for May 4 and 5, 2002, be approved. 23. Authorization to amend the FY 2001-2002 budget to fund the Library lease costs for the Dorothy Inghram Branch Library. (See Attached) (Cost to the City -- $12,300 from the undesignated/ unreserved General Fund balance.) Ward 6 MOTION: That the Director of Finance be authorized to amend the FY 2001-2002 adopted budget and appropriate $12,300 from the undesignated / unreserved general fund balance to fund the library lease costs for the Dorothy Inghram Branch Library (Account No. 105- 471-5505). END OF COMMITTEE CONSENT PUBLIC HEARING CONTINUED FROM MARCH 18,2002 TO BE HEARD AT 10:00 A.M. 24. Public hearing - Redistricting of Council Ward Boundaries and an ordinance amending Chapter 1. 16 of the San Bernardino Municipal Code. (Backup material was distributed on March 18, 2002, Item No. 28.) Ordinance of the City of San Bernardino amending Chapter 1.16 in the San Bernardino Municipal Code and reestablishing the boundaries of the seven wards of the City of San Bernardino. FIRST READING Mayor to open to the hearing . . . MOTION: That the matter be continued to the Council meeting of April 15, 2002. END OF PUBLIC HEARING 10 04/01/2002 CONTINUED ITEMS CONTINUED FROM MARCH 18,2002 25. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Imac Construction Inc., for construction of new restroom facilities at Perris Hill Park and Kerwin Field (Meadowbrook South), per Plan No. 10355. (New Staff Report Attached) (Backup material was distributed on March 18, 2002, Item No. 13.) MOTION: That said resolution be adopted. PLANNING ITEMS CONTINUED FROM MARCH 18,2002 TO BE HEARD AT 11:00 A.M. 26. Public hearing - Development Code Amendment No. 01-02 to clarify the definitions of hotels and motels and to establish Extended Lodging Facilities; Conditional Use Permit No. 01-03 to establish an Extended Lodging Facility; and Tentative Parcel Map No. 15635 to subdivide one parcel into two parcels. (Backup material was distributed on March 18, 2002, Item No. 31.) An ordinance of the City of San Bernardino modifying Chapter 19.02.050 (Definitions) and Chapter 19.06 (Commercial Districts) Section 19.06.020, Table 06.01 (Permitted Uses) Table 06.03 (Specific Standards) and Section 19.06.030 (Development Standards) of the San Bernardino Municipal Code (Development Code) to modify text related to definitions, requirements and standards for hotels, motels, and extended lodging facilities. FIRST READING Owner: BP California 3141 Hood Street, 2nd Floor Dallas TX 75219 Applicant: W. Scott Fay / Casco 151 Kal Mus Drive, H-8 Costa Mesa, CA 92626 Request/Location: The requested Development Code Amendment would amend Chapter 19.02, Section 19.02.050 (Definitions), Chapter 19.06, Section 19.06.020, Table 06.01 (Permitted Uses), Table 06.03 (Specific Standards), and Section 19.06.030 (Development Standards) of the Development Code by amending the definitions for hotel and motel, adding a definition for extended 11 04/01/2002 lodging facilities, providing new development standards for hotels, motels and extended lodging facilities. The Conditional Use Permit and Tentative Parcel Map are proposed to allow the construction of a 105 room Extended Lodging Facility at the northeast corner of Waterman Avenue and Vanderbilt Way, and to subdivide a 9. I-acre parcel in to a 2. 17 -acre parcel for the Extended Lodging Facility, and a 6.94-acre remainder parcel. Mayor to open the hearing . . . (Item Continued on Next Page) 26. Continued. MOTION: That the hearing be closed; that the Mayor and Common Council: 1) Adopt the Negative Declaration for Development Code Amendment No. 01-02; 2) Adopt the Mitigated Negative Declaration for Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635 and the Mitigation Monitoring and Reporting Plan for Conditional Use Permit No. 01-03; 3) Approve Development Code Amendment No. 01- 02 based on the Findings of Fact contained in the Planning Commission Staff Report dated February 19, 2002, and that said ordinance be laid over for final adoption; and 4) Approve Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635, based upon the Findings of Fact contained in the Planning Commission Staff Report dated February 19, 2002, and subject to the Conditions of Approval and Standard Requirements. END OF PLANNING ITEMS STAFF REPORTS 12 04/01/2002 Development Services 27. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to establish a forty mile per hour speed limit on Meridian Avenue between Randall Avenue and Mill Street. FIRST READING (See Attached) (Cost to the City -- $1,000 from the General Fund.) Ward 3 MOTION: That said ordinance be laid over for final adoption. END OF STAFF REPORTS 13 04/01/2002 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, APRIL 1, 2002 - 2:00 P.M. PRESENT: ABSENT: R28. A Resolution of the Community Development Commission of the City of San Bernardino authorizing the acceptance and approval of the final form of various legal descriptions relating to the HUB Project and execution of the final form of an Owner Participation Agreement, dated September 17, 2001, by and between the Redevelopment Agency of the City of San Bernardino and In-N-Out Burger, and the execution of Amendment No.1 to the Disposition and Development Agreement, dated as of May 21, 2001, by and between the Agency and SBT Partners, L.P., and the execution of Amendment No. 1 to the Harriman Place Improvement Project Acquisition, Construction and Financing Agreement, by and between the Agency and the City of San Bernardino (HUB Project). (See Attached) (No change in cost to the City - previously authorized) Ward 3 MOTION: That said resolution be adopted. R29. Resolution of the Community Development Commission approving and authorizing the Agency's Executive Director to execute Amendment No.4 to the Agreement between the Redevelopment Agency and the Neighborhood Housing Services of the Inland Empire (NHSIE) - ($65,000 Home CHDO Grant for purchase and redevelopment of the property at 1219-1227 Rialto Avenue). (See Attached) Ward 3 MOTION: That said resolution be adopted. 14 04/01/2002 R30. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Agency Executive Director to execute the Second Amended and Restated Disposition and Development Agreement, (The "Amendment No.2") by and between the Redevelopmen t Agency and Cen tury Crowell Communities, L.P., ("Developer") - development of 38 parcels located within the Northwest Redevelopment Project Area. (See Attached) Ward 6 MOTION: That said resolution be adopted. R31. Set redevelopment luncheon workshop - May 20, 2002 at 12 noon - Economic Development Agency Boardroom. (See Attached) MOTION: That a redevelopment luncheon workshop be set for Monday, May 20, 2002 at 12 noon in the Economic Development Agency Boardroom. 32. 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 Developmen t 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.) 33. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, April 15,2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 15 04/01/2002 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 Developmen t 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 pu blic. 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. 16 04/01/2002