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HomeMy WebLinkAbout09-17-2001Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, SEPTEMBER 17,2001 - 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 12-16.) 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): Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-03048 GHK; Gloria Aldama, et al. v. Darby et al. - San Bernardino County Superior Court Case No. SCVSS 61691. 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. (Item Continued on Next Page) 1 9/17/2001 1. Continued. 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. Appointment: Director - Parks, Recreation & Community Services 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: Ed Raya, Director of Human Resources Employee Organization: San Bernardino Public Employees Association - Mid- Management Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: Real estate parcels bordered by Rialto Avenue on the north, E Street on the east, Mill Street on the south and the 2 15 Freeway on the west Negotiating Parties: Timothy Cook on behalf of the City of San Bernardino and property owners of the affected real estate parcels Under Negotiation: Purchase terms & conditions END OF CLOSED SESSION 2 9/17/2001 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. A. Service Pin Awards Ceremony. 4. Announcemen ts by Mayor and Common Council. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 22, 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. Council Minutes. (See Attached) MOTION: That the minutes of the following meeting of the Mayor and Common Council of the City of San Bernardino, be approved as submitted in typewritten form: June 14, 2001 (Distributed on 9/6/01) 3 9/17/2001 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 12, 2001 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 September 11, 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. Council Office 9. Authorize budget transfer to pay for temporary clerical staffing. (See Attached) (Cost to the City -- $1,800 from the General Fund.) MOTION: That the Director of Finance be authorized to amend the FY 2001-2002 Council Office budget and transfer $1,800 from Account No. 001-021-50xx (Salary and Benefits savings) to Account No. 001-021-5505 (Other Professional Services) to pay for temporary clerical staff. Development Services 10. Resolution of the City of San Bernardino approving an agreement for Professional Services with Richard Pope & Associates to develop a Master Plan for Enhanced Landscape/Aesthetics Treatment for the proposed 1-215 improvement project. (See Attached) (Cost to the City -- $75,000 from the Street Construction Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 4 9/17/2001 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Program Supplement Agreement with the State of California for the seismic retrofit of 6 bridges over flood control channels and the seismic retrofit of 4 bridges at railroad grade separations. (See Attached) (No cost to the City.) Wards 1, 2, 3 & 6 MOTION: That said resolution be adopted. 12. Approval of Development Permit (Type 1) No. 01-070 and determination of public convenience or necessity for a Department of Alcoholic Beverage Control Type 20 liquor license for 738 S. Waterman Avenue. (See Attached) Ward 3 MOTION: That the Mayor and Common Council approve Development Permit Type 1 No. 01-70 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) liquor license for a grocery store located at 738 S. Waterman Avenue. 13. Authorize execution of Contract Change Order No. One to contract with Lambco Engineering, Inc. for removal of existing sidewalk and installation of irrigation system and tree grates on Highland Avenue from "E" Street to Sierra Way. (See Attached) (Cost to the City -- $16,937.50 from the Gas Tax Fund.) Wards 2 & 7 MOTION #1: That the Mayor and Common Council authorize the Director of Finance to amend the FY 2000- 01 budget to increase the budget in Account No. 126-369-5504-5040 by $16,937.50 and reflect the associated reduction in unappropriated fund balance; and MOTION #2: That the Mayor and Common Council authorize the execution of Change Order No. One in the amount of $16,937.50 to contract with Lambco Engineering, Inc. for removal of existing sidewalk and installation of irrigation system and tree grates on Highland Avenue from "E" Street to Sierra Way. 5 9/17/2001 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement for professional transportation modeling services with Srinivasa Bhat. (See Attached) (Cost to the City -- $24,000 from the General Fund.) MOTION: That said resolution be adopted; and that the Finance Director be authorized to amend the FY 200 1-02 Development Services budget and transfer $24,000 from salary savings (001-185- 5011 - $9,640, 001-183-5011 - $14,360) to professional contractual services (001-181-5502 to fund the Professional Transportation Modeling Services. 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with John Egan & Associates, Inc. for Civil Engineering Services for the realignment of Laurelwood Drive from Tippecanoe Avenue to Orchard Drive. (See Attached) (Cost to the City -- $73,650 from the Gas Tax Fund.) (Resolution not available at time of printing.) Wards 1 & 3 MOTION: That said resolution be adopted. EDA LAID OVER FROM SEPTEMBER 4, 2001 16. An Ordinance of the Mayor and Common Council of the City of San Bernardino approving the Section 33352 Report to the Mayor and Common Council and adopting the 2001 Eminent Domain Amendment to the Redevelopment Plan for the Central City South Redevelopment Project and certifying an Addendum to the 1976 Environmental Impact Report. FINAL READING (Backup material was distributed on September 4, 2001, Item No. R25.) Wards 1 & 3 MOTION: That said ordinance be adopted. 6 9/17/2001 Mavor's Office 17. Funding approval of Fine Arts and Cultural Agreements for Fiscal Year 2001-2002. (See Attached) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Inland Empire Symphony Association for the promotion of arts and culture. (Cost to the City -- $70,000 from the General Fund.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Canto Bello Master Chorale for the promotion of arts and culture. (Cost to the City -- $14,000 from the General Fund.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Inland Dance Theatres, Inc. for the promotion of arts and culture. (Cost to the City -- $10,000 from the General Fund.) D. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Junior University of San Bernardino, Inc. for the promotion of arts and culture. (Cost to the City -- $7,500 from the General Fund.) E. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino-Riverside Counties District Metropolitan Opera auditions for the promotion of arts and culture. (Cost to the City -- $3,000 from the General Fund.) F. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Prime Time Choraliers for the promotion of arts and culture. (Cost to the City -- $1,000 from the General Fund.) G. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Valley Community Concert Association for the promotion of arts and culture. (Cost to the City -- $11,000 from the General Fund.) 7 9/17/2001 17. Continued. H. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture. (Cost to the City -- $22,000 from the General Fund.) I. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sturges Family Playhouse for the promotion of arts and culture. (Cost to the City -- $8,000 from the General Fund.) J. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the CSUSB Foundation, Coyote Conservatory for the Arts for the promotion of arts and culture. (Cost to the City -- $3,000 from the General Fund.) MOTION: That said resolutions A-J, be adopted. Parks, Recreation & Community Services 18. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with the San Bernardino City Unified School District to provide contractual services for after-school recreation programs at school district sites. (See Attached) (Cost to the City -- $113,000 from the Federal and State Programs Fund.) All Wards MOTION: That said resolution be adopted. 19. Resolution authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a grant in the amount of $50,000 from San Bernardino County Emergency Food & Shelter Program Local Board FEMA XIX for the administration of Food and Shelter program for at risk families through the Westside Community Center. (See Attached) (No cost to the City -- $50,000 grant amount from the Federal and State Programs Fund.) All Wards MOTION: That said resolution be adopted. 8 9/17/2001 Police 20. Set public hearing for the proposed expenditures of monies allocated from the FY 2001/02 Local Law Enforcement Block Grant (LLEBG). (See Attached) (No cost to the City.) All Wards MOTION: That the Mayor and Common Council set a public hearing for 10:00 a.m., Monday, October 1, 2001, to ratify the expenditure of the awarded Local Law Enforcement Block Grant (LLEBG) funding for FY 2001/02. Public Services 21. Resolution of the City of San Bernardino authorizing the execution of a purchase order with two single year renewal options, to Consolidated Fabricators Corporation for the purchase of commercial/residential front load and roll-off refuse bins. (See Attached) (Cost to the City -- $164,000 from the Refuse Fund.) All Wards MOTION: That said resolution be adopted. 22. Resolution of the City of San Bernardino authorizing the execution of a piggyback purchase between the City of San Bernardino and Crest Chevrolet for the purchase of two (2) one-ton extended cab and chassis trucks for the Animal Control Department. (See Attached) (Cost to the City -- $49,781.38 from the Motor Pool Fund.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 9 9/17/2001 COMMITTEE CONSENT Recommended for approval by the Ways and Means Committee on September 5, 2001 - Council Members present: Schnetz, McGinnis and McCammack 23. Request for funding - 1st Annual San Bernardino Jazz Festival - Sunday, September 23, 2001 - Roosevelt Bowl in Perris Hill Park. (See Attached) (Cost to the City -- $2,000 from the General Fund.) Ward 2 MOTION: That the Mayor and Common Council authorize payment of $2,000 in Civic and Promotion funding payable to the Friends of the San Bernardino City Parks in support of the 1st Annual San Bernardino Jazz Festival to be held on September 23, 2001 at Perris Hill Park. END OF COMMITTEE CONSENT PLANNING ITEMS TO BE HEARD AT 11:00 A.M. CONTINUED FROM SEPTEMBER 4, 2001 24. Public hearing - Development Code Amendment No. 00-01 - to establish Social Service Uses/Centers as a conditionally permitted uses and Conditional Use Permit No. 00-11 - to establish a facility for Central City Lutheran Mission at the southwest corner of Virginia and "G" Streets. (Backup material was distributed on September 4, 2001, Item No. 23.) (No cost to the City.) Ward 2 An ordinance of the City of San Bernardino modifying Chapter 19.02 (Definitions) and Chapter 19.04 (Residential Districts) and Chapter 19.06 (Commercial Districts) of the San Bernardino Municipal Code (Development Code) to modify text related to definitions, requirements and standards for social services uses/centers. FIRST READING DCA Applicant: City of San Bernardino CUP Applicant: Pastor David Kalke Central City Lutheran Mission 1354 N. "G" Street San Bernardino, CA 92405 909.381.6921 10 9/17/2001 24. Continued. Request/Location: The Development Code Amendment will establish Social Service/Uses/Centers as conditionally permitted uses in the multi-family land use districts. It includes a definition of Social Service Uses/Centers that may include a mix of community serving uses including food service, childcare facilities, job training and after school programs, medical clinics, recovery facilities, and related residential components, operated by nonprofit agencies. The Conditional Use Permit is to allow the Central City Lutheran Mission to establish a social service facility at the southwest corner of "G" Street and Virginia Street, in conjunction with their existing facility. The new uses include a clinic, dormitory facility for interns, classrooms, and a multi-purpose facility. Mayor to open the hearing . . . MOTION: That the hearing be closed relative to Development Code Amendment No. 00-11; the Negative Declaration be adopted; the first reading be waived and the ordinance be laid over for final adoption; and that the public hearing for Conditional Use Permit No. 00-11 be continued to October 1,2001. END OF PLANNING ITEMS 11 9/17/2001 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, SEPTEMBER 17, 2001 - 2:00 P.M. PRESENT: ABSENT: TO BE HEARD AT 2:00 P.M. R25. Public hearing - Disposition and Development Agreement - Public Enterprise Center. (See Attached) Ward 6 (Community Development Commission) 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 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and Fallbrook Capital, LLC, on the terms set forth in such agreement. (Mayor and Common Council) A Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging receipt of a report relating to that certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and Fallbrook Capital, LLC. Mayor to open the hearing . . . MOTION: That the public hearing be closed; and that said resolutions be adopted. CONTINUED FROM SEPTEMBER 4, 2001 R26. Amendment to extend eminent domain power on non-residential property in the Mt. Vernon Corridor Redevelopment Project. (See Attached New Mayor and Common Council Resolution) (Backup material was distributed on September 4, 2001, Item No. R24.) Wards 1, 3 & 6 (Item Continued on Next Page) 12 9/17/2001 R26. Continued. (Mavor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving and adopting a response to oral objections received prior to or at the September 4,2001, Joint Public Hearing concerning the proposed 2001 Eminent Domain Amendment to the Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project. (Communitv Development Commission) Resolution of the Community Development Commission of the City of San Bernardino making a finding that conditions of blight burden the Redevelopment Project Area of the Mt. Vernon Corridor Redevelopment Project, approving the Section 33352 Report to the Mayor and Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project, and recommending the Certification of the Addendum to the 1990 Environmental Impact Report. (Mavor and Common Council) An ordinance of the Mayor and Common Council of the City of San Bernardino approving the Section 33352 Report to the Mayor and Common Council and adopting the 2001 Eminent Domain Amendment to the Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project and certifying an Addendum to the 1990 Environmental Impact Report. FIRST READING MOTION: That said resolutions be adopted; and that said ordinance be laid over for final adoption. TO BE HEARD AT 2:00 P.M. CONTINUED FROM SEPTEMBER 4, 2001 R27. Joint Public Hearing - Tippecanoe Retail Project - In-N-Out Owner Participation Agreement. (Backup material was distributed on August 20, 2001, Item No. R37; item was continued to September 4, 2001, Item No. R26.) Ward 3 Mayor to open the hearing . . . (Item Continued on Next Page) 13 9/17/2001 R27. Continued. (Communitv Development Commission) 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, making certain findings and determinations pursuant to Health and Safety Code Section 33433, making other findings and determinations in accordance with the California Environmental Quality Act and approving that certain owner participation agreement by and between the Redevelopment Agency of the City of San Bernardino and In-N-Out Burgers on the terms set forth in such agreement. (Mavor and Common Council) A Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging receipt of a report relating to that certain Owner Participation Agreement by and between the Redevelopment Agency of the City of San Bernardino and In-N-Out Burgers. MOTION: That the hearing be closed; and that said resolutions be adopted. R28. 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 exclusive right to negotiate for property acquisition and redevelopment assistance (New Century Entertainment, Inc.) by and between the Redevelopment Agency of the City of San Bernardino and New Century Entertainment, Inc., on the terms set forth in such agreement. (See Attached) (No cost to the Agency.) Ward 1 MOTION: That said resolution be adopted. 14 9/17/2001 R29. 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 the sale of Silverwood Apartments Project to San Bernardino 328/ AF XXX, LLC; approving and authorizing execution of certain amendmen ts to the Indenture and Loan Agreement relating to $7,000,000 Redevelopment Agency of the City of San Bernardino Variable Rate Demand Multifamily Housing Revenue Bonds (Silverwood Apartments Project) Series 1996; approving and authorizing execution of an Assumption Agreement in connection with the sale of Silverwood Apartments Project; appointing Bond Counsel in connection with the sale of Silverwood Apartments Project and amendments to the Indenture and Loan Agreement; and authorizing distribution of a Supplement to the Placement Memorandum relating to $7,000,000 Redevelopment Agency of the City of San Bernardino Variable Rate Demand Multifamily Housing Revenue Bonds (Silverwood Apartments Project) Series 1996. (See Attached) (No cost to the Agency -- $7,000,000 Bonds are not a liability or debt of Agency or City.) Ward 4 MOTION: That said resolution be adopted. R30. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing (1) the Executive Director of the Agency to execute a HOME Program Community Housing Development Organization (CHDO) Agreement (Fiscal Year 2000-2001) by and between Neighborhood Housing Services of the Inland Empire, Inc., (NHS) the and Redevelopment Agency of the City of San Bernardino (11 units multi-family housing acquisition and rehabilitation) and (2) making certain findings of environmental exemption. (See Attached) (Cost to the Agency -- $147,000 from HOME/CHDO Funds.) MOTION: That said resolution be adopted. R31. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing (1) the Executive Director of the Agency to execute a HOME Program Community Housing Development Organization (CHDO) agreement (Fiscal Year 2000-2001) by and between Habitat for Humanity, San Bernardino area and Redevelopment Agency of the City of San Bernardino (Development of three [3] single family homes) and (2) making certain findings of environmental exemption. (See Attached) (Cost to the Agency -- $60,000 from HOME/CHDO Funds.) Ward 6 15 9/17/2001 R31. Continued. MOTION: That said resolution be adopted. R32. Resolution of the Mayor and Common Council of the City of San Bernardino approving certain fee deferrals in connection with Kohl's Development Project to be located on the former Norton Air Force Base within the City of San Bernardino. (Resolution not available at time of printing.) Ward 1 MOTION #1: That the Mayor and Common Council approve the summary of a Pass- Through Agreement between the City and the Economic Development Agency in connection with certain redevelopment assistance (Kohl's Development Project) as presen ted to this meeting and authorize the preparation of said Pass-Through Agreement; and that said resolution be adopted; and MOTION #2: That the Community Development Commission approve the deal point summary of a Property Tax Increment Incentive Agreement with Kohl's Corporation as presented to this meeting and authorize preparation of Incentive Agreement. 33. 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.) 34. Adjournment. MOTION: That the meeting be adjourned. Note: The next joint regular meeting is scheduled for 8:00 a.m., Monday, October 1, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 9/17/2001 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. 17 9/17/2001