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HomeMy WebLinkAbout05-05-1997 Jt. Reg Mtg AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MAY 5, 1997 - 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. CALL TO ORDER: PRESENT: ABSENT: CLOSED SESSION 1 . Pursuant to Government Code Sections : 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) : County/ICEMA vs . City of San Bernardino - Supreme Court Case No. S 050179; Henderson Kenneth vs . EDA, et al . Court of Appeals Case No. E016303 ; City of San Bernardino vs . Kay, et al . - San Bernardino Superior Court Case No. SCV 12977 . B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to . subdivision (b) of Government Code Section 54956 . 9 : (Item Continued on Next Page) 1 5/5/1997 1 . Continued. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956 . 9 : D. Conference with legal counsel - personnel - pursuant to Government Code Section 54957 : END OF CLOSED SESSION 2 5/5/1997 RECONVENE MEETING - 9 : 00 A.M. PRESENT: ABSENT: INVOCATION: PLEDGE: 2 . Appointments : 3 . Presentations : 4 . Announcements by Mayor and Common Council . 5 . PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public . (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action. ) CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 6 through 12 be adopted, except for and 6 . waive full reading of resolutions and ordinances . MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council, be waived. 7 . Council Minutes . MOTION: That the minutes of the following meetings of the Mayor and Common Council of the City of San Bernardino be approved as submitted in typewritten form: February 3, 1997 (Distributed on 4/24/97) February 17, 1997 (Distributed on 4/24/97) 3 5/5/1997 Personnel LAID OVER FROM APRIL 7 1997 8 . An ordinance of the City of San Bernardino authorizing an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City of San Bernardino. FINAL READING (Backup material was distributed on April 7, 1997, Item No. 29B. ) NOTE: An update on costing options available through PERS will be provided by the time of the May 5, 1997 Council meeting. The Finance Department is exploring various options with PERS to fund the two years additional service credit for those classifications presented to the Mayor and Common Council on April 21, 1997 . MOTION: That said ordinance be adopted. 9 . Claims and Payroll . (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 29, 1997, from the Director of Finance be approved. 10 . Personnel Actions . (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated April 28, 1997, 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. Public Works/Encineerino 11 . Resolution of the City of San Bernardino awarding a contract to Matich Corporation for street improvements on Mt . View Avenue (west side) from Route I-10 to Mission Creek. (See Attached) (Cost to the City -- $87, 500 from the 1/2 Cent Sales & Road Tax Fund. ) Ward 1 MOTION: That said resolution be adopted. 4 5/5/1997 12 . Resolution of the City of San Bernardino awarding a contract to Vance Corporation for pavement rehabilitation on Tippecanoe Avenue, from Route I-10 to Hospitality Lane . (See Attached) (Cost to the City -- $599, 000 [$75, 000 from the Gas Tax Fund; $255, 000 from the State SB 300 Fund; $195, 000 from the Storm Drain Construction Fund; $40, 000 from the Traffic Systems Construction Fund; and $45, 000 from the Street Lighting/Sweeping Fund] . ) Wards 1 & 3 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR PUBLIC BEARINGS Public hearings scheduled for a certain time will not be heard prior to the time scheduled; however, they may be heard at any time thereafter and/or continued to a subsequent meeting. Planning and Building Services TO BE BEARD AT 10 :00 A.M. CONTINUED FROM FEBRUARY 17, 1997 13 . Appeal hearing - Board of Building Commissioners' Order No. 3887 relative to property located at 100 West Hospitality Lane - Manta Management . (See Attached) (Backup material was originally distributed on January 13, 1997, Item No. 13; was continued to January 27, 1997, Item No. 22; and was continued to February 17, 1997, Item No. 18.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council uphold Order No. 3887 of the Board of Building Commissioners and deny the appeal . END OF PUBLIC BEARINGS 5 5/5/1997 STAFF REPORTS Public Works/Enaineerina 14 . Approve plans and authorize advertisement for bids - pavement rehabilitation on Mill Street, University Parkway and Waterman Avenue - Plan No. 9638 . (See Attached) (Cost to the City -- $366, 000 from the 1/2 Cent Sales and Road Tax Fund. ) Wards 1, 3, & 5 MOTION: That the plans for pavement rehabilitation on portions of Mill Street, University Parkway and Waterman Avenue, in accordance with Plan No. 9638, be approved; and that the Director of Public Works/City Engineer be authorized to advertise for bids . 15 . Resolution of the City of San Bernardino adopting the 1996/97 to 2000/01 Capital Improvement Program. (See Attached) (No cost to the City.) (The Capital Improvement Program Report is available in the City Clerk' s Office for review.) MOTION: That said resolution be adopted. 16 . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of master agreement for Federal-Aid Projects, between said City, as administering agency, and the State of California, acting by and through its Department of Transportation; and rescinding Resolution No. 13220 . (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 6 5/5/1997 17 . Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a license agreement to grant California State University San Bernardino permission to install directory signs on the north side of Northpark Boulevard and the medians at Northpark Boulevard and University Parkway in San Bernardino. (See Attached) (No cost to the City. ) Ward 5 MOTION: That said resolution be adopted. City Administrator's Office 18 . Resolution of the City of San Bernardino approving a certain master services agreement by and between the Inland Valley Development Agency and the City. (See Attached) (Caretaker Services Agreement at the former Norton Air Force Base) (No cost to the City. ) Ward 1 MOTION: That said resolution be adopted. 19 . Request for waiver of fees - Our Lady of Assumption Church Carnival, May 16, 1997 . (See Attached) (Cost to the City -- $1,462 . 62 from the General Fund. ) Ward 4 MOTION #1: That a waiver of fees in the amount of $1,462 . 62 for police costs connected with Our Lady of Assumption Church and school carnival scheduled for May 18, 1997, be approved; or MOTION #2 : That a waiver of fees in the amount of $1, 462 . 62 for police costs connected with Our Lady of Assumption Church and school carnival scheduled for May 18, 1997, be denied. 7 5/5/1997 City Clerk' s Office 20 . Resolution of the City of San Bernardino amending Resolution No. 91-397 to increase the surcharge for the recordation of nuisance abatement liens pursuant to AB 3510 . (See Attached) (No cost to the City. ) MOTION: That said resolution be adopted. 21 . Resolution of the Mayor and Common Council of the City of San Bernardino requesting that the City of San Bernardino' s Municipal Election be consolidated with the November 4, 1997, consolidated election conducted by the County of San Bernardino. (See Attached) (Cost to be budgeted in FY 97- 98 budget. ) MOTION: That said resolution be adopted. 22 . Receive and file Big Independent Cities Excess Pool (BICEP) Joint Powers Authority financial statements and supplementary information for fiscal years ending June 30, 1995 and 1996 . (see Attached) (No cost to the City. ) (The BICEP Financial Report is available in the City Clerk' s Office for review. ) MOTION: That the Mayor and Common Council receive and file the Big Independent Cities Excess Pool (BICEP) financial statements and supplemental information for the fiscal years ending June 30, 1995 and 1996 . Finance 23 . Patrol Units Financing - Report by Finance Director. (See Attached) MOTION: That the Mayor and Common Council receive and file the attached staff report relative to purchase of 29 Crown Victorias to be utilized by the Police Department, which was approved by the Mayor and Common Council on April 21, 1997 . 8 5/5/1997 Fire 24 . Resolution of the City of San Bernardino adopting a standard agreement to be used for gaining the permission of parcel owners to enter their property for the purposes of conducting training and/or prescribed vegetation management burns. (See Attached) (No cost to the City. ) MOTION: That said resolution be adopted. Public Services 25 . A resolution of the Mayor and Common Council of the City of San Bernardino, California, approving the application for the grant funds for the California Oil Recycling Enhancement Act (ACT) (Statutes of 1991, Chapter 817) for the following project : Continue Expanding Used Oil Recycling Program. (See Attached) (No cost to the City. ) MOTION: That said resolution be adopted. END OF STAFF REPORTS PLANNING MATTERS TO BE BEARD AT 11:00 A.M. CONTINUED FROM APRIL 21, 1997 26 . Public hearing - General Plan Amendment No. 96-13 - a proposal to amend land use designation from RS, Residential Suburban, and CG-1, Commercial General, to RU-1, Residential Urban, on 14 parcels of land located between Mt . Vernon and Eureka Avenues north of Mill Street . (Backup material was distributed on April 7, 1997, Item No. 34; and was continued to April 21, 1997, Item No. 18. ) Ward 3 (Item Continued on Next Page) 9 5/5/1997 26 . Continued. Resolution of the City of San Bernardino adopting General Plan Amendment No. 96-13 to the General Plan of the City of San Bernardino. Applicant , Peter S. Soler Request/Location: The applicant is requesting to change the General Plan land use designation of a triplex located at 431- 435 S . Pear Street from RS, Residential Suburban, to RU-1, Residential Urban. Based upon site visits and an assessment of the neighborhood, the Department of Planning and Building Services has included 33 other parcels in the proposal as a recommended alternative . The project area is located along Pear Street between Mt . Vernon and Eureka Avenues and Poplar and Mill Streets . The Planning Commission modified the proposal to include only the original 14 parcels . Mayor to open the hearing . . . MOTION #1: That the previous action taken at the Mayor and Common Council meeting of April 7, 1997, to close the public hearing; to deny in concept the request; and to continue the matter to April 21, 1997, for the approval of the findings of fact in support of such, be reconsidered; and MOTION #2 : That the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 93-16 . CONTINUED FROM APRIL 7, 1997 TO BE HEARD AT 11: 00 A.M. 27 . Appeal hearing - Planning Commission' s approval of Tentative Tract No. 15775 relative to a reversion to acreage. (See Attached) (Backup material was distributed on March 3, 1997, Item No. 29; and was continued to April 7, 1997, Item No. 35.) Ward 4 (Item Continued on Next Page) 10 5/5/1997 27 . Continued. Appellant : Ron Kemper Crawford Investment Company Owner: Sterling Heights, A California General Partnership C/O The Tahiti Group & Melcorp Investments, Inc . Applicant : Pat Meyer (representative for Redlands Federal Bank) Urban Environs Reauest/Location: The property is a 48 . 1 acre site that was originally approved and recorded as Tract No. 11857, 11858, 11859 and 11860 . The property is located just north of Foothill Boulevard, south of Daley Canyon Road, west of Sterling and east of Osbun Road, and is within the RL, Residential Low, land use district . Tentative Tract 15775 is a reversion to acreage to consolidate the parcels created by recorded Tract Nos . 11857 through 11860 . The revision will remove/negate certain requirements that are no longer applicable . Tentative Tract 14112 was approved on November 7, 1990 for a 56-lot, single-family development . Tentative Tract 14112 is not a part of the application for Tentative Tract 15775 and this reversion to acreage request does not impact any existing conditions of approval for Tentative Tract 14112 . Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and approve Tentative Tract No. 15775, based on the findings of fact contained in the Planning Commission Staff Report dated, January 13 , 1997, (Exhibit Three) . END OF PLANNING MATTERS 11 5/5/1997 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MATTERS MONDAY, MAY 5, 1997 - 2:00 P.M. PRESENT: ABSENT: NOTICE: At this time, the Mayor and Common Council, acting as the Community Development Commission, will take action on items on the Economic Development Agency (CDC) agenda. 28 . Adjournment . MOTION: That the meeting be adjourned. NOTE: The next regular meeting is scheduled to be held at 8 : 00 a.m. , Monday, May 19, 1997, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 12 5/5/1997 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda, by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called, and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the beginning of the meeting, during the period reserved for public comments, said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common - Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954 .2 of the Government Code . Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 13 5/5/1997 CITY CLERK DESK COPY (Agenda Cover Only-4 Copies) 2nd Floor AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO "May 05, 1997 -2:00 p.m." (Joint Regular Meeting) Council Chambers, City Hall The City of San Bernardino Economic Development Agency recognizes Its obligation to provide equal access to public services to those individuals with disabilities. Please contact the Director of Facilities Management(3845244)two working days prior to the meeting for any requests for reasonable accommodation,to include Interpreters. CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: 1. PRESENTATIONS CONSENT CALENDAR MOTION: That the motions indicated by Consent Calendar items numbered "2"and"3", be adopted, except for items numbered: 2. WAIVE FULL READING OF RESOI I ITIONS AND ORDINANCES (Mayor and Common Councill (Communes Development sim_ mission) MOTION: That full reading of the Resolutions and Ordinances on the regular, supplemental, and addendum to the supplemental agenda(s), be waived. ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:lmp:cdc975r 1 Dab: May 05,1997 3. COMMUNITY DEVELOPMENT-COMMISSION MINUTES (CDmmun1tyA1QyEt0oment Commission) MOTION: That the minutes of the Community Development Commission for the meeting of April 21, 1997, be approved as submitted in typewritten form. END OF CONSENT CALENDAR COMMITTEE CONSENT CALENDAR MOTION: That the motion indicated by Committee Consent Calendar items numbered "4" through"6", be adopted, except for items numbered: 4. BUILDING 201 JANITORIAL SERVICES -(Redevelopment Committee Meeting on ril 28 19971 (CnmmunityDoyalopment..—C mmissionl MOTION: That the Community Development Commission authorize an increase of $9,522.25 to the Janitorial Services Contract with Compass Building Services, Inc. 5. SECURITY SERVICES AGREEMENT(ARDEN-GUTHRIE NEIGHBORHOOD) - (Redevelopment Committee Meeting on April 28, 1997) (Community Development Commission) MOTION: That the Community Development Commission authorize Agency staff to retain Metropolitan Security on a month to month engagement, until bids and new contracts are available and approved. Also, to provide month to month service in an amount not to exceed$4,000 per month, together with payment for past service in the amouont of$27,475. ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:Imp:edc97-5r 2 Data: May 05, 1997 6. TELECOMMUNICATIONS-TENANT IMPROVEMENT ADDITIONS-(Redevelopment Committee_Meeting on rim, 1997) (Communi Development Commisslonl MOTION: That the Community Development Commission increase the Telecommunications budget by$23,053 for the purpose of providing necessary fixtures, equipment and installation for the operation of the Telecommunications Division in its new facility. END OF COMMITTEE CONSENT CALENDAR 7. SUBMISSION OF A GRANT APPI I ATION FOR FUNDING FOR STREET AND INF A TR T R IMPROV MENTc (Mayor and Common Counc111 MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, AND MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 8 THIRD YEAR ACTION CONSOLIDATED PLAN OPEN PUBLIC HEARING CLOSE PUBLIC HEARING (Mayor and Common Council) MOTION A: That the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's(CDCAC) recommendations for fiscal year 1997/1998 Community Development Block Grant(CDBG), HOME Investment Partnership Act(HOME)and Emergency Shelter Grant(ESG)funded projects that meet the environmental review requirements, except as provided under Motions C and D. ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:Imp:ede97.6r 3 Date: May O5,1997 MOTION B: That the Mayor and Common Council approve and adopt the Community Development Citizens Advisory Committee's(CDCAC) recommended projects for CDBG funds that do not meet the environmental review requirements at this time, and instruct staff to bring the agreements for funding back to this body for approval after these projects have been environmentally cleared; and MOTION C: That the Mayor and Common Council revise the Community Development Citizens Advisory Committee's(CDCAC)recommendation for funding for the Mortgage Assistance Program as follows: replace$400,000 in CDBG with $500,000 in HOME funds; use$381,716 of the CDBG funds to fund a Demolition Program; apply the balance of the CDBG funds$18,284, to the Single Family Rehabilitation Program, increasing the project from$400,927 to$419,911. MOTION D: That the Mayor and Common Council change the CDCAC recommendation for the CDBG Fair Housing Program from ADF Consulting, Inc. for$25,000 to the Inland Mediation Board for$23,500. MOTION E: That the Mayor and Common Council authorize the Mayor to submit these projects as part of the Third Year Action Plan component of the 1995/1999 Consolidated Plan,to the U. S. Department of Housing and Urban Development (HUD). MOTION F: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN THIRD YEAR ACTION PLAN OF THE CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING VARIOUS FEDERAL GRANT FUNDED PROGRAMS. MOTION G: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE CITY'S THIRD YEAR ACTION PLAN COMPONENT OF THE CONSOLIDATED PLAN. 9. ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council and the Community Development Commission be adjourned. ---------------------------------------------------------------- JOINT REGULAR MEETING COMMISSION AGENDA TCS:Imp:cdc97-5r 4 Date: May 05, 1997