HomeMy WebLinkAbout02-22-2000 Jt. Reg Mtg MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, FEBRUARY 22, 2000 — 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):
Kenneth J. Henderson, et al. vs. Economic Development
Agency, et al. — Court of Appeal No. E021852 (Superior
Court Case No. SCV 16489);
Manta Management Corp. vs. City of San Bernardino, et al. —
San Bernardino Superior Court Case No. SCV 18157.
(Item Continued on Next Page)
1 2/22/2000
1. Continued.
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. 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:
Property Address: 555 South "H" Street
Negotiating Parties: Ronald E. Winkler on behalf of the
Economic Development Agency and
555 South "H" Street Partners dba
Chaparral Cycle Supply
Under Negotiations: Purchase terms and conditions
END OF CLOSED SESSION
2 2/22/2000
'% /
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
a. San Bernardino Water Resources Authority - Council
Member Lien - Mayor Valles.
b. Community Television Commission - Chas Kelley - Council
Member Suarez. (See Attached)
C. Planning Commission - Dr. Owen J. O'Connor - Council
Member Miller. (See Attached)
MOTION: That appointments a-c, be approved.
3. Presentations:
A. Service Pin Awards Ceremony.
4. Announcements 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, supplemental and addendum to the
supplemental agendas of the Mayor and Common
Council/Community Development Commission be
waived.
3 2/22/2000
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 15, 2000, 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 16, 2000, 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.
City Administrator
8. Request for waiver of fees - Redlands Bicycle Classic "Prologue"
event - March 7, 2000. (See Attached) (Cost to the City --
$4,197.97 from the General Fund.) Ward 1
MOTION: That the request for a waiver of fees in the amount of
$4,197.97 for police personnel and traffic engineering
labor and materials to assist in the conduct of the
Redlands Bicycle Classic "Prologue Race", scheduled
for March 7, 2000, be approved.
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing execution of a Supplemental Settlement
Agreement with the County of San Bernardino eliminating the
February 11, 2000 Criminal Justice Administrative Fee increase.
(See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
City Clerk
10. Resolution of the City of San Bernardino confirming cost of
abatements and imposing liens on certain parcels of real property
located within the City of San Bernardino for the costs of the
abatement of public nuisances. (Building Abatements) (See
Attached)
(Item Continued on Next Page)
4 2/22/2000
10. Continued.
MOTION: That said resolution be adopted; and that the City
Clerk be directed to administratively remove any
properties from Exhibit "A" which have been paid.
Development Services
11. Authorize execution of Contract Change Order No. One with Sean
Malek Engineering and Construction, Inc. - Rialto Bridge at Twin
Creek -- widen bridge and street improvements, per Plan No. 9726.
(See Attached) (Cost to the City -- $17,296.31 from the Ya Cent
Sales and Road Tax Fund.) Ward 1
MOTION: That Contract Change Order No. One to the contract
with Sean Malek Engineering 8s Construction Inc., be
approved for various changes described in the staff
report dated February 4, 2000, from Michael E. Hays,
for a total change order amount of $17,296.31,
increasing the contract total from $399,969.50 to
$417,265.81.
12. Authorize execution of Contract Change Order No. One with Signal
Maintenance, Inc. - installation of traffic signal at intersection of
Tippecanoe Avenue and Laurelwood Avenue, per Plan No. 10012.
(See Attached) (Cost to the City - $ 5,855.00 from the Traffic
Systems Construction Fund.) Ward 3
MOTION: That Contract Change Order No. One to the contract
with Signal Maintenance Inc., be approved for
additional conduit, pull boxes and additional concrete
R 8s R, with credit for a change in conduit size, for a
total Change Order amount of $5,855, increasing the
contract total from $81,260 to $87,115.
13. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Valley Slurry Seal Company for
slurry sealing of various streets, Phase IX per Plan No. 10041,
Areas "C" and "D". (See Attached) (Cost to the City -- $550,000
from the Y2 Cent Sales and Road Tax Fund.) Ward 4
MOTION: That said resolution be adopted.
5 2/22/2000
Facilities Facilities Management
14. Resolution of the Mayor and Common Council of San Bernardino
approving a sublease of certain City property leased to the Boys
Club. (County Preschool Services) (See Attached) (No cost to the
City.) (Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of San Bernardino
approving a sublease of certain City property leased to the Boys
Club. (County Behavioral Health) (See Attached) (No cost to the
City.) (Resolution not available at time of printing.)Ward 6
MOTION: That said resolution be adopted.
Council Office
16. Resolution of the Mayor and Common Council of the City of San
Bernardino in opposition to transporting highly radioactive waste
on San Bernardino County freeways and rail lines to the Yucca
Mountain Waste Site. (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Mayor's Office
17. Set luncheon workshop for March 20, 2000 at 12:00 noon -
Economic Development Agency Board Room - presentation by Dr.
Albert Karnig, President of California State University, San
Bernardino. (See Attached)
MOTION: That a luncheon workshop be set for Monday, March
20, 2000 at 12 noon in the Economic Development
Agency Board Room, 201 North "E" Street, 3rd Floor, to
receive information regarding the review and
discussion of programs and developments by Albert
Karnig, President of California State University, San
Bernardino.
18. Resolution of the Mayor and Common Council of the City of San
Bernardino expressing its support of Proposition 12, the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000. (See Attached) (Resolution not
available at time of printing.)
6 2/22/2000
18. Continued.
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San
Bernardino in support of Proposition 13 - The Safe Drinking
Water, Clean Water, Watershed Protection and Flood Protection
Act. (See Attached) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Public Services
20. A Resolution authorizing the execution of an annual purchase
order to Holliday Rock Company, Inc., to supply delivered
materials and equipment rentals for roadway pavement repairs;
and authorizing current purchase orders to Vulcan Materials/Cal
Mat and Matich Corporation to supply roadway pavement
materials to be picked up by the City. (See Attached) (Cost to the
City -- $126,000 from the General Fund.)
MOTION: That said resolution be adopted.
21. Resolution of the City of San Bernardino authorizing the execution
of a purchase order to Haaker Equipment Company for one (1)
asphalt patch truck for the Public Services Department. (See
Attached) (Cost to the City -- $109,567.74 from the Vehicle
Replacement Fund.)
MOTION: That said resolution be adopted.
22. Resolution authorizing the execution of a purchase order to
Fairview Ford for twenty-eight (28) Year 2000 Ford Crown Victoria
Police Interceptors; and authorizing the Purchasing Manager to
solicit lease-purchase rate quotes and award a lease-purchase to
the lowest responsible leasing company. (See Attached) (Cost to
the City -- $653,844.24 lease payments to be budgeted in the
General Fund.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
7 2/22/2000
COMMITTEE CONSENT
Heard by the Ways and Means Committee on February 9, 2000
- Council Members Present: Schnetz and Anderson
Development Services
23. Authorization to proceed - 1913 Act Acquisition Assessment
District for off site improvements - Tract No. 10260 and Tentative
Tract No. 14112. (See Attached) Ward 4
MOTION #1: That the Director of Development Services and
the City Clerk be authorized to proceed with the
formation of an Acquisition Assessment District
No. 1026, pursuant to the Municipal
Improvement Act of 1913 for off-site
improvements relative to the development of
Tract No. 10260 and Tentative Tract No. 14112;
and
MOTION #2: That the Director of Development Services be
authorized and directed to prepare agreements
for bond counsel with the firm of Sabo and
Green; for Investment Banking Services with the
firm of Miller and Schroeder; and for Assessment
Engineer with the firm of GBF-Friedrich &
Associates relative to the formation of
Assessment District No. 1026.
Recommended for approval by the Legislative Review
Committee on February 14, 2000 - Council Members Present:
Estrada, Lien and Schnetz
24. Ordinance of the City of San Bernardino adding Section 3.44.131
to the San Bernardino Municipal Code and establishing a Utility
User's Tax Rebate program. FIRST READING (See Attached)
(Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
Recommended for approval by the Personnel Committee on
February 14, 2000 - Council Members Present: Anderson and
McGinnis
25. City Attorney's Office - funding of Deputy City Attorney position.
(See Attached) (Cost to the City - $20,688 from the Liability
Insurance Fund.)
(Item Continued on Next Page)
8 2/22/2000
,nos
25. Continued.
MOTION #1: That the Mayor and Common Council fund the
currently vacant and previously authorized
position of Deputy City Attorney effective March
1, 2000 in the amount of $20,688 for the
remainder of Fiscal Year 1999-2000; and
MOTION #2: That the Director of Finance be authorized and
directed to amend the appropriate budget
documents to reflect the transfer of $20,688
from the Liability Fund Reserve to the City
Attorney's Office account for said funding of said
position for the remainder of Fiscal Year 1999-
2000.
END OF COMMITTEE CONSENT
STAFF REPORTS
Mayor's Office
26. Resolution of the Mayor and Common Council of the City of San
Bernardino approving an agreement between the City of San
Bernardino and the County of San Bernardino regarding the
allocation of funds from the County to the City for the purpose of
implementing a Census 2000 Outreach Program. (See Attached)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
City Attorney
27. Authorization to join amicus brief in support of the City of
Thousand Oaks. (See Attached) (No cost to the City.)
MOTION: That the Mayor and Common Council authorize the
City of San Bernardino to join amicus brief in support
of the City of Thousand Oaks.
9 2/22/2000
28. Authorization to join amicus brief in support of the City of La
Habra - Howard Jarvis Taxpayers Association v. City of La Habra.
(See Attached) (No cost to the City.)
MOTION: That the Mayor and Common Council authorize the
City of San Bernardino to join amicus brief in support
of the City of La Habra.
Development Services
29. Authorize prohibition of certain vehicular movements at the
intersection of Tippecanoe Avenue at Rosewood Drive for an
additional six months. (See Attached) (No cost to the City.)
Ward 3
MOTION: That the Mayor and Common Council authorize the
Director of Development Services to prohibit certain
vehicular movements at the intersection of Tippecanoe
Avenue at Rosewood Drive for an additional six (6)
months.
END OF STAFF REPORTS
CONTINUED ITEMS
City Administrator
CONTINUED FROM FEBRUARY 7, 2000
30. Ordinance of the City of San Bernardino adding Section 3.44.131
to the San Bernardino Municipal Code and establishing a Utility
User's Tax Rebate Program. FINAL READING (Backup material
was distributed on January 10, 2000, Item No. 15; item was
continued from January 24, 2000, Item No. 8; and was
continued from February 7, 2000, Item No. 22.)
MOTION: That the matter be tabled.
10 2/22/2000
Development Services
CONTINUED FROM FEBRUARY 7, 2000
31. Declaration of default by contractor and cancellation of contract -
installation of street trees along Highland Avenue from "E" Street
to Waterman Avenue (Colarossi Construction) per Plan No. 9845.
(See Attached Memorandum) (Backup material was distributed
on January 24, 2000, Item No. 17; item was continued to
February 7, 2000, Item No. 23.)
MOTION: That the matter be continued to March 20, 2000
CONTINUED FROM FEBRUARY 7, 2000
32. Resolution of the City of San Bernardino preliminarily determining
that the public convenience and necessity require the formation of
a landscape maintenance assessment district located in the Palm
Avenue and Washington Street Area without compliance with the
Investigation, Limitation and Majority Protest Act of 1931;
declaring its intention to proceed to order work within the district,
to be known as Assessment District No. 1025; preliminarily
approving the Engineer's Report and giving notice of a public
meeting and public hearing. (See Attached New Staff Report)
(Backup material was distributed on January 24, 2000, Item
No. 10; item was continued to February 7, 2000, Item No. 24.)
MOTION: That said resolution be adopted.
CONTINUED FROM FEBRUARY 7, 2000
33. Ordinance of the City of San Bernardino amending Chapter 10.52
of the San Bernardino Municipal Code to establish a forty-five mile
per hour speed limit on Fifth Street between Del Rosa Drive and
two-hundred feet east of Victoria Avenue. FIRST READING (See
Attached New Staff Report) (Backup material was distributed on
February 7, 2000, Item No. 19.)
MOTION: That said ordinance be laid over for final adoption.
CONTINUED FROM FEBRUARY 7, 2000
34. Ordinance of the City of San Bernardino amending Chapter 10.52
of the San Bernardino Municipal Code to establish a forty mile per
hour speed limit on Fifth Street between Waterman Avenue and
Pedley Road. FIRST READING (See Attached New Staff Report
dated January 11, 2000) (Backup material was distributed
February 7, 2000, Item No. 20.)
11 2/22/2000
34. Continued.
MOTION: That said ordinance be laid over for final adoption.
CONTINUED FROM JANUARY 10, 2000
35. Resolution of the City of San Bernardino approving the final map
for Subdivision Tract No. 14193, located on the southeast corner of
Ohio Avenue and Olive Avenue, accepting the public dedications as
set forth on said map; and authorizing execution of the standard
form of agreement for the improvements in said subdivision, with
time for performance specified. (See Attached New Staff Report)
(Backup material was 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.)
MOTION: That the approval of the Final Map for Tentative Tract
No. 14193 be continued to June 19, 2000.
END OF CONTINUED ITEMS
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
36. Public hearing - General Plan Amendment No. 99-04 - to change
the land use designation on approximately 7.6 acres from PFC,
Public Flood Control, to CG-1, Commercial General, and
Conditional Use Permit No. 99-14 to expand the Moss Bros. Dodge
dealership at 1100 S. "E" Street. (See Attached) Ward 3
Resolution of the City of San Bernardino adopting General Plan
Amendment No. 99-04 to the General Plan of the City of San
Bernardino, to amend the General Plan land use designation from
PFC, Public Flood Control, to CG-1, Commercial General, for
approximately 7.6 acres adjacent to 1100 S. "E" Street.
(Resolution not available at time of printing.)
Applicant/Owner: Moss San Bernardino Properties
1100 S. "E" Street
San Bernardino, CA 92408
(Item Continued on Next Page)
12 2/22/2000
36. Continued.
Request/Location: The applicant requests approval of a General
Plan Amendment to change the land use designation on
approximately 7.6 acre parcel from PFC, Public Flood Control, to
CG-1, Commercial General. The applicant also requests approval
of a Conditional Use Permit to expand the existing Moss Bros.
Dodge and allow for future expansion of an auto dealership and
related commercial uses.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that said resolution be
adopted; and that Conditional Use Permit No. 99-14 be
approved based on the Findings of Fact, subject to the
Conditions of Approval and Standard Requirements.
TO BE HEARD AT 11:00 A.M.
37. Public hearing - General Plan Amendment No. 99-05 - to amend
the General Plan designation from CG-1, Commercial General and
RS, Residential Suburban, to IH, Industrial Heavy, and
Conditional Use Permit No.99-12 to allow for an expansion of the
salvaging wrecking (dismantling) yard. (See Attached) Ward 2
Resolution of the City of San Bernardino adopting General Plan
Amendment No. 99-05 to the General Plan of the City of San
Bernardino, to amend the General Plan land use designations from
CG-1, Commercial General, and RS, Residential Suburban, to IH,
Industrial Heavy, for 21.66 acres located between 6th and 9th
Streets. (Resolution not available at time of printing.)
Owner: Jerry Jaeckels
Pick-A-Part
407 E. 9th Street
San Bernardino, CA 92410
Applicant: Jennifer Misumi
Hogle-Ireland, Inc.
4200 Latham Street, Suite B
Riverside, CA 92501
(Item Continued on Next Page)
13 2/22/2000
37. Continued.
Request/Location: The applicant requests amendment to the
General Plan Land Use Map from CG-1 and RS land use
designations to the IH land use designation. The existing business
(10.7 acres) is in the CG-1 land use district and the expansion area
(10.96 acres) is in RS land use district. Also requested is a
Conditional Use Permit to allow for the expansion of the salvaging
and wrecking (dismantling) yard and a 337-space parking lot. The
21.66 acre site is composed of the existing Pick-A-Part business
located on the south side of 91h Street, approximately 370 feet east
of Waterman Avenue, at 407 E. 91h Street.
Mayor to open the hearing . . .
MOTION: That the Mayor and Common Council close the public
hearing; that said resolution be adopted; and that
Conditional Use Permit No. 99-12 be approved, based
on the Findings of Fact, subject to the Conditions of
Approval and Standard Requirements.
END OF PLANNING ITEMS
14 2/22/2000
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
TUESDAY, FEBRUARY 22, 2000 — 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R38. Resolution of the Community Development Commission of the City
of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency (the "Agency") to execute an
agreement between the Agency and Advanced Security for
Metrolink Security Services. (See Attached) (Cost to the Agency -
$60,000 in Tax Increment Funds) (Resolution not available at
the time of printing.) Ward 1
MOTION: That said resolution be adopted.
R39. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Mayor to execute an
amendment to the HOME Agreement dated May 17, 1999 by and
between the City of San Bernardino and San Bernardino West Side
Community Development Corporation (WSCDC) increasing the
compensation by $300,000 and extending the time for performance
for the Handyworker Grant Program (owner occupied single-family
units). (See Attached) (Cost to the City -- $300,000 from
Federal HOME Funds.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
15 2/22/2000
R40. Grow America Fund Amendment. (See Attached)
MOTION: That the Community Development Commission
approve the use of $300,000 in land sales proceeds to
increase the Agency's level of investment in the Grow
San Bernardino Fund Program.
41. 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.)
42. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for Monday,
March 6, 2000, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
16 2/22/2000
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 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
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.
17 2/22/2000
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
FEBRUARY 22, 2000
Council Office
RS 1. Discussion and possible action - future of Court Street Square.
MOTION: That the Mayor and Common Council discuss and
take possible action regarding the future of Court
Street Square.
1 2/22/2000