HomeMy WebLinkAbout04-02-2001Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, APRIL 2, 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 page 10.)
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):
Highland Hills Homeowner Association v. City of San
Bernardino, et al. - San Bernardino Superior Court Case No.
241464;
Soliman v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 66744;
City of San Bernardino Municipal Water Department v. The
United States Department of the Army - United States
District Court Case No. CV 96-8867, Consolidated with CV
96-5205;
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1. Continued.
John Windley v. City of San Bernardino, et al. - United
States District Court Case No. CV 98-6247 AJW;
Jack Schneider v. City of San Bernardino - Worker's
Compensation Appeals Board Case No. SBR 0267240;
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 54954.5(e):
Pu blic Employee Discipline / Dismissal/Release
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.
Negotiator:
Fred Wilson, City Administrator
Employee Organization:
San Bernardino Confidential Management Association
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 12, 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.
6.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
March 28, 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 March 27, 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.
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City Administrator
8. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing submittal of a grant application for
financial assistance from The Great American Station Foundation
for the purpose of Santa Fe Depot restoration. (See Attached)
(Grant request is for $30,000; required $30,000 local match
from the Transportation Enhancement Act grant funds,
already secured.) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
City Clerk
9. Authorize budget amendments omitted at September 5, 2000, and
December 18, 2000, meetings of the Mayor and Common Council.
(See Attached)
MOTION #1:
That the Director of Finance be authorized to
amend the Public Services Department Street
Sweeping Division FY 00/01 budget to transfer
$47,800 from Account No. 527-414-5601 Garage
Charges to Account No. 527-414-5803 Lease
Payments and adjust the Fleet budget
accordingly; and
MOTION #2:
That the Director of Finance be authorized to
amend the Developmen t Services FY 00/0 1
budget to increase the expenditure budget
Account No. 242-362-5504-7093 by $177,200
and revenue budget Account Nos. 242-000-4658
- $118,700 and 242-000-4945 - $58,500.
Development Services
10. Resolution of the City of San Bernardino declaring its intention to
order the vacation of a portion of University Parkway northeasterly
of Kendall Drive and reserving certain easements therein. (See
Attached) (No cost to the City -- $1,000 processing fee to be
paid by petitioner.) (Resolution not available at time of
printing.) Ward 5
MOTION: That said resolution be adopted.
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11. Resolution of the City of San Bernardino declaring its intention to
order the vacation of a portion of Gannett Parkway, northeasterly
of Hallmark Parkway and a portion of McArthur Boulevard,
northwesterly of Gannett Parkway and reserving certain easements
therein. (See Attached) (No cost to the City -- $1,000 processing
fee paid by petitioner.) (Resolution not available at time of
printing.) Ward 6
MOTION: That said resolution be adopted.
Facilities Manae:ement
12. Resolution of the Mayor and Common Council of San Bernardino
authorizing an increase to the annual purchase order to
Consolidated Electrical Distributors, for the purchase of electrical
fixtures, materials and supplies for City facilities. (See Attached)
(Cost to the City -- $8,000 from the General Fund.) (Resolution
not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval by the Ways and Means Committee
on March 7, 2001 - Committee Members present: Schnetz and
McCammack
13. Request for waiver of fees - Hispanic Chamber of Commerce Cinco
de Mayo Family Festival - Saturday, May 5, 2001. (See Attached)
(Total Fee Waiver - $9,179.54 from General Fund Accounts.)
Ward 1
MOTION: That the Mayor and Common Council approve fee
waivers in the amount of $9,179.54 for the Cinco de
Mayo Festival.
Recommended for approval by the Personnel Committee on
March 12, 2001 - Committee Members present: Suarez and
McCammack
14. Receive and file Classification and Compensation Study. (See
Attached)
MOTION: That the Classification and Compensation Study be
received and filed.
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4/2/2001
Recommended for approval by the Ways and Means Committee
on March 21, 2001 - Committee Members present: Schnetz
and McCammack
15. Approval of the Project List for AB 2928 Transportation Funding
and amendment to the FY 2000-2001 Capital Projects Budget.
(See Attached) (The City's allocation for FY 2000-01 is
$1,339,518.)
MOTION #1:
That the Mayor and Common Council approve
the attached list of Pavement Rehabilitation
Projects and direct the Public Works Division to
proceed with the associated project design and
bid document preparation; and
MOTION #2:
That the Director of Finance be authorized to
amend the FY 2000-2001 Capital Projects
Budget and appropriate $500,000 from the
undesignated/unreserved AB 2928 Traffic
Congestion Relief fund balance for the Citywide
Pavement Rehabilitation project as outlined in
the attached staff report.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
Development Services
CONTINUED FROM OCTOBER 2, 2000
16. Request for a continuance to August 6, 2001, for Final Map for
Tentative Tract No. 14193 - southeast corner of Ohio and Olive
Avenues. (See Attached New Staff Report) (Backup material
distributed on October 5, 1998, Item No. 49; continued to
November 2, 1998, Item No. 22; continued to December 21,
1998, Item No. 21; continued to March 15, 1999, Item No. 21;
continued to June 21, 1999, Item No. 36; continued to
January 10, 2000, Item No. 21; continued to February 22,
2000, Item No. 35; continued to June 19, 2000, Item No. 43;
continued to September 18, 2000, Item No. 26; and continued
to October 2, 2000, Item No. 27.) Ward 5
MOTION: That the Mayor and Common Council approve the
continuance of the Final Map for Tentative Tract No.
14193 to August 6,2001.
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CONTINUED FROM MARCH 26, 2001
17. Presentation by Rall Durand, General Manager of Omnitrans.
(Item was continued from March 26, 2001, Item No.3.)
CONTINUED FROM MARCH 26, 2001
18. Termination of the contract with Avila Construction for street
improvements of Art Townsend Drive and Otto Gericke Drive at the
San Bernardino International Airport per Plan No. 9479,
authorization to pay approximately $30,300 to Avila Construction
for work completed and authorization for direct purchase of the
12" and 16" water line pipe and fittings currently stored at the site
for an estimated amount of $125,000 subject to verification of
actual vendor invoice and reasonable handling costs. (Backup
material was distributed on March 26, 2001, Item No.2.)
MOTION: That the matter be continued to the April 16, 2001
meeting of the Mayor and Common Council.
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
19. Public hearing - General Plan Amendment No. 00-01; Tentative
Parcel Map No. 15537; Conditional Use Permit No. 00-13;
Variance No. 00-10 and a Determination of Public Convenience or
Necessity for an Alcohol Beverage Control Type 21 off-sale general
license - northwest corner of University Parkway and Kendall
Drive. (See Attached) (No cost to the City.) Ward 5
Resolution of the City of San Bernardino adopting General Plan
Amendment No. 00-01 to the General Plan of the City of San
Bernardino, to amend the General Plan Land Use Designations
from RL, Residen tial Low, to CG-3, Commercial General -
University Village, for 6.66 acres located at the northwest corner of
University Parkway and Kendall Drive. (Resolution not available
at time of printing.)
Owner:
Howard Berkson
Berkson Realty LLC
1341 India Street
San Diego, CA 92101
(Item Continued on Next Page)
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19. Continued.
Applicant:
David Mlynarski
MAPCO
POBox 5822
San Bernardino, CA
Request/Location: The applicant requests to establish a 37,804
square foot shopping center on 26.69 acres with two fast food
drive- thru restaurants pursuant to Code Section 19.06.02 (D)( 4).
Approximately 6.66 acres will be redesigned from RL, Residential
Low, to CG-3, Commercial General, consistent with the remainder
of the site. The parcel map will subdivide 3 lots into 4 lots with a
remainder lot. The variance is to reduce the number of required
parking spaces and landscape requirements under authority of
Code Sections 19.72.030(1) and (3). The Conditional Use Permit is
intended to address the fast food drive-thru restaurants, and the
Hillside Management Overlay District. The proposed project is
located at the northwest corner of Kendall Drive and University
Parkway.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and
Common Council adopt the resolution and adopt the
Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program; approve Tentative
Parcel Map No. 15537; Conditional Use Permit No. 00-
13; Variance No. 00-10; and make a determination
that the public convenience or necessity is served
based on the Findings of Fact subject to the
Conditions of Approval (Attachments C and D as
amended) in the Planning Commission Staff Report
and direct the Development Services Department to
send a letter to the Department of Alcoholic Beverage
Control for a Type 21 (off-sale general) license (for the
proposed Sav-On Store), located at the northwest
corner of University Parkway and Kendall Drive.
END OF PLANNING ITEMS
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4/2/2001
STAFF REPORTS
Human Resources
20. A resolution of intention and ordinance to approve an amendment
to the con tract between the Board of Administration of the Public
Employees' Retirement System - 3% at 55 for safety members.
(See Attached) (Cost to the City -- $1,600,000 annually.)
A. Resolution of the City of San Bernardino authorizing its
in ten tion to approve an amendment to con tract between the
Board of Administration of the California Public Employees'
Retirement System and the City of San Bernardino.
(Resolution not available at the time of printing.)
B. An ordinance of the Mayor and Common Council of the City
of San Bernardino authorizing an amendmen t to the
contract between the Mayor and Common Council of the City
of San Bernardino and the Board of Administration of the
California Public Employees' Retirement System. FIRST
READING (Ordinance not available at time of printing.)
MOTION: That said resolution be adopted; and that said
ordinance be laid over for final adoption.
Library
21. Luncheon workshop - 12 noon - in the Mary Belle Kellogg Rooms
and the Cosand Computer Learning Center at the Feldheym
Library regarding free internet access and other free computer
services at the Library.
END OF STAFF REPORTS
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4/2/2001
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, APRIL 2, 2001 - 2:00 P.M.
PRESENT:
ABSENT:
CONTINUED FROM MARCH 19,2001
R22. Amendments to State Office Building Agreements Phase II. (See
Attached) (Backup material was distributed March 5, 2001,
Item No. R22; item was continued to March 19, 2001, Item No.
R34.) Ward 1
MOTION: That the Community Development Commission
approve the form of the attached Letter Agreement to
be executed by the Chairperson on behalf of the
Agency to amend the 1996 Construction Management
Agreemen t as between the Department of General
Services and the Agency to delete the requirement for
the construction of the Phase II State Office Building.
R23. San Bernardino Economic Development Agency resolution
authorizing an amendment to the contract. (PERS Contract - 2%
at 55) (See Attached)
MOTION: That said resolution be adopted.
24. 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.)
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4/2/2001
25. Adjournment.
MOTION: That the meeting be adjourned.
Note: The next joint regular meeting is scheduled for 8:00 a.m., 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 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.
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