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HomeMy WebLinkAbout02-20-2001Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TUESDAY, FEBRUARY 20, 2001 - 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 15 & 16.) 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): Cumming, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 66744; Highland Hills Homeowner Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464; Soliman v. City of San Bernardino - United States District Court Case No. EDCV 00-00301 YAP; (Item Continued on Next Page) 1 02/20/2001 1. Continued. La France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDV 00-107 RT. 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: Evacuees - 2057 North Mt. Vernon Avenue Cypress Inn Mobile Home Park 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. 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. END OF CLOSED SESSION 2 02/20/2001 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations: A. Service Pin Awards Ceremony. B. Employee Recognition Program Awards: Mayor's Commendation Award Customer Service Quarterly Award (October-December 2000) Together, We Can Award San Bernardino Shines Award Employee of the Year Award 4. Announcemen ts by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 25, 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 urn to the su pplemen tal agendas of the Mayor and Common Council/Community Development Commission be waived. 3 02/20/2001 6. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated February 9, 2001 from Barbara Pachon, Director of Finance, be approved. 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated February 14, 2001, 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 8. Resolution of the City of San Bernardino establishing a fair market value and minimum sale price for certain City owned parcels of real property generally located north and south of Orange Show Road, west of Waterman Avenue in said City and giving notice inviting competitive sealed and oral bids for the sale of said property. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 9. Resolution of the City of San Bernardino establishing and setting fair market value and sales price of $8,950.00 and declaring the intention of the City to sell property generally located east of Sterling Avenue, north of Foothill Boulevard in the City of San Bernardino, to Ronald R. Rezek and setting a public hearing to consider said sale. (See Attached) (No cost to the City.) Ward 4 MOTION: That the Director of Development Services be authorized to proceed with the sale of a portion of City Water Department property, located generally east of Sterling Avenue and north of Foothill Drive in the City of San Bernardino; and that said resolution be adopted. 4 02/20/2001 10. Resolution of the City of San Bernardino terminating a lease agreement with the Easter Seal Society and authorizing the execution of a lease agreement with A Special Place Children's Hands-On Museum for use of the Coddington Branch Library Building as a Children's Museum in San Bernardino. (See Attached) (No cost to the City.) Ward 2 MOTION: That said resolution be adopted. 11. Resolution of the City of San Bernardino ordering the summary vacation of a portion of State Street and adjacent slope easement south of Base Line Street in the City of San Bernardino. (See Attached) (No cost to the City.) Ward 6 MOTION: That Plan No. 10216, depicting the proposed vacation of a portion of State Street and adjacent slope easement south of Base Line Street be approved; and that said resolution be adopted. 12. Authorization to proceed and plan approval - proposed vacation of portions of Gannett Parkway, northerly of Hallmark Parkway and portions of McArthur Boulevard, westerly of Gannett Parkway. (See Attached) (No cost to the City -- $1,000 processing fee to be paid by applicant.) Ward 6 MOTION: That the Director of Development Services be authorized to proceed with the proposed vacation of portions of Gannett Parkway, northerly of Hallmark Parkway and portions of McArthur Boulevard, westerly of Gannett Parkway; and that Plan No. 10225, depicting the proposed vacation be approved. 13. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A resolution... designating certain streets, or portions thereof as through highways ..." and declaring Lugo Avenue a through highway from Base Line Street to Sixteenth Street except at its intersection with Thirteenth Street. (See Attached) (Cost to the City -- $600 from the General Fund.) Ward 2 MOTION: That said resolution be adopted. 5 02/20/2001 14. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A resolution... designating certain streets, or portions thereof as through highways ..." and declaring Universal Avenue a through highway at its intersection with Varsity Avenue and declaring Varsity Avenue a through highway from College Avenue to Universal Avenue. (See Attached) (Cost to the City -- $1,000 from the General Fund.) Ward 5 MOTION: That said resolution be adopted. 15. Authorize execution of Contract Change Order No. Two to contract with Pyramid Building & Construction for the installation of a wall along Mountain Avenue between 39th Street and 40th Street. (See Attached) (Cost to the City -- $40,952.94 from the Y2 Cent Sales and Road Tax Fund.) Ward 4 MOTION #1: MOTION #2: That the Mayor and Common Council authorize the Director of Finance to amend the 2000/2001 budget and transfer $29,000 from Account No. 129-367 -5504-7156 "Street Improvements/ Safety Improvements - Citywide" to Account No. 129-367 -5504-7157 (Mountain Avenue south of 40th Street - remove sand bag wall and replace with barrier); and That the Mayor and Common Council approve Contract Change Order No. Two to the contract with Pyramid Building and Construction for the installation of a wall along Mountain Avenue between 39th Street and 40th Street resulting in a net increase in the contract amount of $40,952.94. 16. Authorize execution of Contract Change Order No. One to the contract with Janus Corporation for abatement of lead-based paint, asbestos, PCB, and clean-up at the San Bernardino Santa Fe Depot. (See Attached) (Cost to the City -- $14,560 from the Federal and State Programs Fund.) Ward 1 MOTION: That the Mayor and Common Council approve Contract Change Order No. One to the contract with Janus Corporation for abatement of lead-based paint, asbestos, PCB, and clean-up at the San Bernardino Santa Fe Depot. 6 02/20/2001 17. Authorize execution of Contract Change Order No. Two to the contract with Earth Tech., a Tyco International LTD company, for Professional Environmental Inspection Services for lead-based paint, asbestos, PCB abatement, and clean-up at the San Bernardino Santa Fe Depot. (See Attached) (Cost to the City $41,345 from the Federal and State Programs Fund.) Ward 1 MOTION: That the Mayor and Common Council approve Contract Change Order No. Two to the contract with Earth Tech., a Tyco International LTD company, for Professional Environmental Inspection Services for lead-based paint, asbestos, PCB abatement, and clean-up at the San Bernardino Santa Fe Depot. Human Resources 18. Resolution of the City of San Bernardino amending Resolution No. 6413, Section Eleven, entitled in part, "A Resolution... establishing a basic compensation plan .. ."; by codifying prior Council actions (Middle-Management). (See Attached) (Cost to the City -- $62,400 from various funds.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 19. Resolution of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order for $62,403 to Exigen Group Ltd. of Culver City, CA. (See Attached) (Cost to the City -- $62,403 from the Federal and State Programs Fund.) All Wards MOTION: That said resolution be adopted. 20. Resolution of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order for $45,896.80 to Aardvark Tactical of Arcadia, CA. (See Attached) (Cost to the City -- $45,900 from the Federal and State Programs Fund.) All Wards MOTION: That said resolution be adopted. 7 02/20/2001 Public Services 21. Resolution of the City of San Bernardino authorizing the Mayor to execute the Second Amendment to Limited Access Easement Agreement (Temporary) between the City and Rancon Realty Fund IV to extend term of agreement relating to the former Waterman Landfill. (See Attached) (No cost to the City.) Ward 1 MOTION: That said resolution be adopted. 22. A Resolution of the City of San Bernardino authorizing an increase to an annual purchase order with two single year renewal options to Fourth Street Rock for disposal of street sweeping materials. (See Attached) (Cost to the City -- $21,000 from the Refuse Fund.) All Wards MOTION: That said resolution be adopted. 23. Budget amendment to transfer $20,000 from Code Compliance to Public Services to fund board-ups for City abatement crew. (See Attached) (No cost to the General Fund - costs for abatements and demolitions are budgeted and are CDBG reimbursable.) MOTION: That the Director of Finance be authorized to amend the Fiscal Year 2000-2001 budget to transfer $20,000 from Code Compliance, Account No. 001-073-5505 (Contract Professional Services) to Public Services, Account No. 001-407-5111 (Materials and Supplies) to cover the cost of the in-house abatement program as discussed in the attached staff report. Water Department 24. A Resolution of the Mayor and Common Council of the City of San Bernardino granting a permanent non-exclusive easement and right-of-way to the Santa Ana Watershed Project Authority for the San ta Ana Regional Interceptor Sewer Pipeline across a portion of City owned property. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 8 02/20/2001 25. A Resolution of the Mayor and Common Council of the City of San Bernardino accepting a Quitclaim Deed from the Santa Ana Watershed Project Authority for an undivided 80% interest as tenants in common for real property in the City of Colton, County of San Bernardino, including all structures and improvements of whatever kind and nature situated on the real property, and dedicating the property and improvements for Water Department use. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR CONTINUED ITEMS City Clerk CONTINUED FROM FEBRUARY 5,2001 26. Approval of minutes dated December 4, 2000 of the Mayor and Common Council/ Community Development Commission meeting: December 4, 2000 (Distributed on 2/1/01) Police TO BE HEARD AT 10:00 A.M. CONTINED FROM OCTOBER 2, 2000 27. Appeal hearing of agreement for Tow Services termination - Danny's Towing. (See Attached New Staff Report) (Backup material was distributed on April 3, 2000, Item No. 24; item was continued to June 5, 2000, Item No. 24; item was continued to July 24, 2000, Item No. 34; item was continued to September 5, 2000, Item No. 32; and item was continued to October 2, 2000, Item No. 28.) MOTION: That the appeal by Danny's Towing to be reinstated to the City's Tow Rotation list be denied. END OF CONTINUED ITEMS 9 02/20/2001 PLANNING ITEMS TO BE HEARD AT 11:00 A.M. 28. Determination of Public Convenience or Necessity for a Type 21 Liquor License for Stater Bros. Markets at 161 E. 40th Street. (See Attached) (No cost to the City.) Ward 4 MOTION: That the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 (off site general) liquor license for Stater Bros. Markets located at 161 E. 40th Street. CONTINUED FROM JANUARY 22, 2001 TO BE HEARD AT 11:00 A.M. 29. Public hearing - General Plan Amendment No. 00-04 - from RU-l to CG-3 for 5.4 acres on south side of Northpark Boulevard, east of University Parkway. (Backup distributed on January 22, 2001, Item No. 26.) Ward 5 Owner: W.R. & Pearl Holcomb 3702 Hemlock Drive San Bernardino, CA 92404 Applicant: Mark & Lela Jabin 30 Tennis Club Drive Rancho Mirage, CA 92270 Representative: Dave Mlynarski MAPCO POBox 5822 San Bernardino, CA 92412 Request/Location: The applicant requests to change the land use designation of 5.38 acres from RU-l, Residential Urban, to CG-3, Commercial General. The site is located east of University Parkway on the south side of Northpark Boulevard. Mayor to open the hearing . . . MOTION: That the public hearing be closed; and that the Mayor and Common Council deny General Plan Amendment No. 00-04, based on the Findings of Fact in the Planning Commission staff report. 10 02/20/2001 TO BE HEARD AT 11:00 A.M. 30. Public hearing - General Plan Amendment No. 00-03 and Conditional Use Permit No. 00-16 - change land use designation from CG-l, Commercial General, to CH, Commercial Heavy - 12.7 acres on Mt. Vernon Avenue. (See Attached) (No cost to the City.) Ward 3 Resolution of the City of San Bernardino adopting General Plan Amendment No. 00-03 to the General Plan of the City of San Bernardino, to amend the General Plan land use designation from CG-l, Commercial General, to CH, Commercial Heavy, for 12.7 acres located on the west side of Mt. Vernon Avenue, north of Johnston Street. (Resolution not available at time of printing.) Owner: Familyland Associates 13040 Betsworth Road Valley Center, CA 92082 Applicant: Mark Ostoich Gresham, Savage, Nolan & Tilden, LLP 600 N. Arrowhead Avenue, Suite 300 San Bernardino, CA 92401 Request/Location: A request to amend the General Plan land use designation from CG-l, Commercial General to CH, Commercial Heavy on approximately 12.7 acres located on the west side of Mt. Vernon Avenue, north of Johnston Street. A conditional use permit was submitted to establish an outdoor swapmeet. The project site is the former Mt. Vernon Drive-in Theater. Mayor to open the hearing . . . MOTION: That the public hearing be closed, that said resolution be adopted which approves General Plan Amendment No. 00-03, adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approve Conditional Use Permit No. 00-16, based on the Findings of Fact in the Planning Commission staff report, subject to the Conditions of Approval and Standard Requirements. 11 02/20/2001 TO BE HEARD AT 11:00 A.M. 3 1. Pu blic hearing - Development Code Amendment No. 0 1-0 1 - to establish neighborhood grocery stores (with or without alcohol) as a permitted land use activity in various land use districts subject to a conditional use permit. (See Attached) (No cost to the City.) All Wards An ordinance of the City of San Bernardino modifying Chapter 19.02 (Definitions) and Chapter 19.06 (Commercial Districts) of the San Bernardino Municipal Code (Development Code) to modify text related to definitions, requirements and standards for neighborhood grocery stores. FIRST READING Mayor to open the hearing . . . MOTION: That the public hearing be closed, that said ordinance be laid over for final adoption; and that Planning staff be directed to prepare an amendmen t to the Developmen t Code relating to signage for neighborhood grocery stores. 32. Conditional Use Permit No. 00-15 and a Determination of Public Convenience or Necessity for an Alcohol Beverage Control Type 20 license for the Carniceria La Famosa Market located at 397 w. Highland Avenue. (See Attached) (No cost to the City.) Ward 2 MOTION: That the Mayor and Common Council approve Conditional Use Permit No. 00-15 and determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 20 (off-sale beer and wine) license for the Carniceria La Famosa Market located at 397 W. Highland Avenue. END OF PLANNING ITEMS 12 02/20/2001 STAFF REPORTS City Attorney's Office 33. Request for the City Clerk to be authorized, subject to the recommendation of the City Attorney, to retain outside special counsel services for the purpose of obtaining any and all legal advice concerning questions and issues on the referendum to overturn Ordinance No. MC-I091 which was adopted by the Council on January 16, 2001; said Ordinance repeals Chapter 2.20 of the San Bernardino Municipal Code relating to City Attorney approval to retain outside special counsel services. (See Attached) MOTION: That the City Clerk be authorized, subject to the recommendation of the City Attorney, to retain outside special counsel services for the purpose of obtaining any and all legal advice concerning questions and issues on the referendum to overturn Ordinance No. MC-I091, which was adopted by the Council on J an uary 16, 2001; said ordinance repeals Chapter 2.20 of the San Bernardino Municipal Code relating to City Attorney approval to retain outside special counsel services. Council Office 34. Conflict on referendum petition against Ordinance No. MC-I091. (See Attached) MOTION: That the Mayor and Common Council encourage the City Clerk to disqualify herself as the elections official regarding the Referendum Petition against Ordinance No. MC-I091. Development Services 35. Authorization to reject all bids for the installation of upgraded traffic signal heads and Light Emitting Diode (LED) traffic signal lamps at signalized intersections throughout the City and authorizing the expenditure of $1,326,920 to purchase and install approximately 8,151 lamps throughout the City. (See Attached) (Cost to the City -- $1,326,920 [ $918,720 from SCE Traffic Signal Rebate Program and $408,200 local match]) All Wards (Item Continued on Next Page) 13 02/20/2001 35. Continued. Resolution of the Mayor and Common Council of the City of San Bernardino rejecting all bids received on February 6, 2001, for a project to retrofit existing incandescent traffic signal lamps citywide with Light Emitting Diode (LED) lamps; and approving the execution of a purchase order with Synchronex for the supply of a maximum of 8,151 Light Emitting Diode (LED) bulbs to the City of San Bernardino. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the 2000/2001 budget to include $1,326,920 in Account Number 631- 332-5504-7218 (Utility Fund - expense) and $918,720 in Account Number 631-000-4944 (LED Retrofit Program - revenue), leaving a local match requirement of $408,200 to be paid over the next two years from energy savmgs. 36. Luncheon workshop - 12 noon - Economic Development Boardroom - Santa Fe Depot area update. END OF STAFF REPORTS 14 02/20/2001 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION TUESDAY, FEBRUARY 20, 2001 - 2:00 P.M. PRESENT: ABSENT: R37. Resolution of the Community Development Commission approving the Amendment No. 1 to the Affordable Senior Citizen Rental Housing Disposition and Development Agreement (The "Amendment") by and between the Redevelopment Agency and San Bernardino Senior Housing, Inc., a California Non-profit Public Benefit Corporation increasing the Agency grant to $224,000 for the 75 Unit Senior Housing Complex located at 1530 Baseline Street, San Bernardino; and authorizing and approving the Agency Chairperson and Secretary to execute the Amendment on behalf of the Agency - Northwest Project Area. (See Attached) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. CONTINUED FROM FEBRUARY 5,2001 R38. A Resolution of the Community Development Commission of the City of San Bernardino, as the governing body of the Redevelopment Agency of the City of San Bernardino, approving that certain 2001 Lease Agreement (East Valley Water District) by and between the Redevelopment Agency of the City of San Bernardino and East Valley Water District on the terms set forth in such agreement. (Backup material distributed on February 5, 2001, Item No. R25.) Ward 4 MOTION: That said resolution be adopted. 15 02/20/2001 CONTINUED FROM FEBRUARY 5,2001 TO BE HEARD AT 3:00 P.M. R39. Appeal filed by Leonard Paul Lopez, Esq., Inland Empire Latino Lawyers Association Inc., to the Mayor and Common Council -- request for stay relative to certain actions and determinations of the Economic Development Agency and the Office of the City Attorney concerning Cypress Inn Mobile Home Park. (Backup material was distributed on February 5, 2001, Item No. R30.) Ward 6 Appellants: Manuel Aldaco, Fidelia Sanchez, Maria Elena Cisneros, Juana Jimenez, Maria Patlan, and Rosario Jimenez. Mayor to open the hearing . . . TO BE HEARD AT 3:00 P.M. R40. Appeal filed by Caitlin Casso Watters, Inland Counties Legal Services Inc., to the Mayor and Common Council - request for stay relative to certain actions and determinations of the Economic Development Agency and the Office of the City Attorney concerning Cypress Inn Mobile Home Park. (See Attached) Ward 6 Appellants: Salvador Tierra Blanca, Carlos Flores, Raymond Yand, Frank Rodriguez, Rafael Diaz Soto, Cristina Lara Silva, Elizabeth Saldana. Mayor to open the hearing . . . TO BE HEARD AT 3:00 P.M. R41. Appeal filed by Robert S. Roddick, Inland Counties Legal Services to the Mayor and Common Council - request for stay relative to certain actions and determinations of the Economic Development Agency and the Office of the City Attorney concerning Cypress Inn Mobile Home Park. (See Attached) Ward 6 Appellants: Javier Calderon, Efrain Quintero, Adriana Quintero- Delgado and Fermin Tierra Blanco. Mayor to open the hearing . . . 16 02/20/2001 42. 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.) 43. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, March 5, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 17 02/20/2001 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. 18 02/20/2001