HomeMy WebLinkAbout02-16-1998 Sup. Jt. Mtg. Agenda •� 9
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, FEBRUARY 16, 1998 - 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 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) :
Thomas Williams , et al . vs . City of San Bernardino et
al . - San Bernardino Superior Court Case No . SCV 33078 ;
San Bernardino Hotel/Motel Association vs . Citv of San
Bernardino - San Bernardino Superior Court Case No.
264661 .
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 2/16/1998
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 2/16/1998
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RECONVENE MEETING - 9 : 00 A.M.
PRESENT :
ABSENT:
INVOCATION:
PLEDGE :
2 . Appointments .
3 . Presentations .
A. Service Pin Awards Ceremony.
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 15 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:
December 15, 1997 (Distributed on 2/5/98)
January 12, 1998 (Distributed on 2/5/98)
3 2/16/1998
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8 . Claims and Payroll . (See Attached)
MOTION: That the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated
February 10, 1998 , from Barbara Pachon, Director of
Finance, be approved.
9 . Personnel Actions . (See Attached)
MOTION: That the personnel actions as submitted by the
Chief Examiner dated February 5, 1998, 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 Clerk' s Office
10 . Resolution of the Mayor and Common Council of the City of San
Bernardino, California, reciting the fact of the General
Municipal Election held in said city on the 3rd day of
February, 1998 , declaring the results thereof and setting
forth such other matters as are provided by law. (See
Attached) (Resolution not available at time of printing. )
MOTION: That said resolution be adopted.
Code Compliance
11 . Resolution of the City of San Bernardino confirming costs of
abatement of public nuisances and imposing liens on certain
real property located within the City of San Bernardino for
the costs of the abatement . (Weed Abatement) (See Attached)
MOTION: That said resolution be adopted.
Public Services
12 . Authorize termination of Material Recovery Facility and
Transfer Station Project . (See Attached)
(Item Continued on Next Page)
4 2/16/1998
12 . Continued.
MOTION: That the Mayor and Common Council receive and file
the Material Recovery Facility/Transfer Station
Feasibility Study; direct the Purchasing Manager to
terminate the contract with Hilton, Farnkopf and
Hobson for the remaining tasks; and direct the
Public Services staff to forward notices to the six
qualified vendors regarding the Council ' s action to
terminate this project .
Public Works/Encrineering
13 . Resolution of the City of San Bernardino awarding a contract
to Cooper Backhoe & Equipment, Inc . , for repair of failed box
culverts at various locations and construction of cross
gutters at 16th Street at "E" Street and Arrowhead Avenue .
(See Attached) (Cost to the City -- $99, 500 from the Storm
Drain Construction Fund. ) (Resolution not available at time of
printing. ) Wards 2 & 7
MOTION #1 : That $24, 500 . 00 be transferred from the
unappropriated reserves Storm Drain
Construction Fund to Account No . 248-368-5504-
7111; and
MOTION #2 : That said resolution be adopted.
14 . Authorize establishment of a landscape and sewer lift station
maintenance assessment district in the Inland Center Drive and
Riverwalk Drive area (Tract 14706) . (See Attached) (No cost
to the City -- $4, 000 cost of proceedings paid by
petitioner. ) Ward 3
MOTION: That the Acting Director of Public Works/City
Engineer and the City Clerk be authorized to
proceed under SBMC 12 . 90, with the establishment of
a landscape maintenance assessment and a sewer lift
station maintenance district in the Inland Center
Drive and Riverwalk Drive area, within Tract No .
14706 .
5 2/16/1998
15 . Approve plans and authorize advertisement for bids - pavement
rehabilitation by slurry seal method - 9th Street to Base Line
Street and "E" Street to Waterman Avenue - per Plan No . 9757 .
(See Attached) (Cost to the City -- $210, 000 from the Gas Tax
Fund. ) Wards 2 & 7
MOTION: That the plans for rehabilitation of pavement by
slurry seal method for streets between 9th Street
and Base Line Street and from "E" Street to
Waterman Avenue, in accordance with Plan No. 9757,
be approved; and that the Director of Public
Works/City Engineer be authorized to advertise for
bids .
END OF CONSENT CALENDAR
PUBLIC HEARINGS
Public hearings scheduled for a time certain 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.
Public Works/Encrineerinq
TO BE HEARD AT 10 : 00 A.M.
16 . Public hearing - determination that public interest and
necessity require the acquisition of certain easements
relative to the widening of Kendall Drive . (See Attached)
(Cost to the City -- $1, 125 from the Gas Tax Fund. )
(Resolution not available at time of printing. )
Wards 4, 5, & 7
Resolution of the City of San Bernardino finding and
determining that the public interest and necessity require the
acquisition of certain easements for public purposes and all
uses appurtenant thereto along the proposed widening of
Kendall Drive between 36th Street and "H" Street in the City
of San Bernardino. (A. P.N. 0152-022-40, Sanai, et al
property)
Mayor to open the hearing . . .
MOTION #1 : That the hearing relative to determining the
necessity of acquiring a slope easement and
temporary construction easement from that
parcel of land identified as Assessor' s Parcel
No . 0152-022-40 (Sanai, et al) relative to the
widening of Kendall Drive, between 36th Street
and "H" Street, be closed; and
MOTION #2 : That said resolution be adopted.
6 2/16/1998
NOW
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TO BE HEARD AT 10 : 00 A.M.
17 . Public hearing - determination that public interest and
necessity require the acquisiticn of certain easements
relative to the widening of Kendall Drive . (See Attached)
(Cost to the City -- $1, 050 from the Gas Tax Fund. )
(Resolution not available at time of printing. )
Wards 4, 5, & 7
Resolution of the City of San Bernardino finding and
determining that the public interest and necessity require the
acquisition of certain easements for public purposes and all
uses appurtenant thereto along the proposed widening of
Kendall Drive between 36th Street and "H" Street in the City
of San Bernardino. (A. P .N. 0152-223-01, Anderson property)
Mayor to open the hearing . . .
MOTION #1 : That the public hearing relative to
determining the necessity of acquiring a slope
easement and temporary construction easement
from that parcel of land identified as
Assessor' s Parcel No . 0152-223-01 (Anderson)
relative to the widening of Kendall Drive,
between 36th Street and "H" Street, be closed;
and
MOTION #2 : That said resolution be adopted.
STAFF REPORTS
City Administrator' s Office
18 . Resolution of the City of San Bernardino regarding
participation in Western Riverside Council of Governments and
San Bernardino Association of Governments regional power
purchasing aggregation. (See Attached) (Cost to the City --
$17, 525 from the General Fund [500 of the cost will be
reimbursed by the Water Department] . )
MOTION #1 : That the expenditure of $17, 525 for the cost
of participation in the WRCOG/SANBAG regional
aggregation program, with 500 of the cost to
be reimbursed by the Water Department, be
approved; and
MOTION #2 : That said resolution be adopted.
7 2/16/1998
Finance
19 . Receive and file mid-year budget review -- Fiscal Year
1997/98 .
MOTION: That the Mayor and Common Council receive and file
the Fiscal Year 1997/98 Mid-Year Budget Report .
Personnel/Risk Management
20 . Resolution of the City of San Bernardino repealing Resolution
No . 97-312 and amending Resolution 6413 , Section Thirteen,
Temporary/Part-Time Employees, entitled in part a "Resolution.
establishing a basic compensation plan . . by updating
information codifying prior Council actions . (See Attached)
(Cost to the City -- $55, 000 from various departments . )
MOTION: That said resolution be adopted.
21 . Authorize removal of underground storage tanks at Fire
Stations 1 and 5 and at City Hall . (See Attached) (Cost to
the City -- $70, 000 from the Liability Insurance Fund. )
MOTION #1 : That $70, 000 be transferred from Account No.
629-453-5162 , Liability Claims, to Account No.
629-453 -5502 , Professional Contractual
Services; and
MOTION #2 : That staff be directed to prepare plans and
specifications and solicit bids for the
removal of the underground storage tanks at
Fire Stations 1 and 5 and at City Hall .
Public Works/Enaineerincr
22 . Resolution of the City of San Bernardino awarding a contract
to Spencer & Jones General Contractors for design/build
services for a new fuel station at city yard and removal of
existing fuel station and remediation of contaminated soils .
(See Attached) (Cost to the City -- $603, 845 [$480, 845 from
the Library/Fire Refinance Capital Projects Fund; and $123, 000
from the Refuse Fund. ) (Resolution not available at time of
printing. )
(Item Continued on Next Page)
8 2/16/1998
22 . Continued.
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
CONTINUED ITEMS
Mayor' s Office
CONTINUED FROM FEBRUARY 2 , 1998
23 . Approve lease/leaseback financing and airport ownership - San
Bernardino International Airport Authority. (Backup material
was distributed on February 2, 1998, Item No. S1 . )
MOTION: That the Mayor and Common Council approve in
concept that the City of San Bernardino, in
conjunction with the County of San Bernardino and
each city member of the San Bernardino
International Airport Authority, acquire title to
the airport properties and be jointly and severally
liable pursuant to the lease and leaseback
financing documents .
END OF CONTINUED ITEMS
PLANNING MATTERS
TO BE HEARD AT 11: 00 A.M.
24 . Determination of public convenience or necessity for Type-21
liquor license for the Five Stars Supermarket located at 1003
North Waterman Avenue . (See Attached) Ward 2
MOTION: That the Mayor and Common Council determine that
the public convenience and necessity is served and
direct the Planning and Building Services to send a
letter to the Department of Alcoholic Beverage
Control for a Type-21 liquor license for the Five
Stars Supermarket located at 1003 N. Waterman
Avenue .
9 2/16/1998
Q
TO BE HEARD AT 11: 00 A.M.
CONTINUED FROM JANUARY 26 1998
25 . Resolution of the City of San Bernardino authorizing the Mayor
to execute the memorandum of understanding between the City of
San Bernardino, the County of San Bernardino, other area
cities, and federal and state agencies regarding the
development and implementation of a Habitat Conservation Plan.
(Backup material was distributed on January 26, 1998, Item No.
24 . ) (See new staff report attached)
MOTION: That said resolution be adopted.
TO BE HEARD AT 3 : 00 P.M.
CONTINUED FROM JANUARY 26, 1998
26 . Public hearing - appeal of Planning Commission' s denial of
Conditional Use Permit No. 97-09 relative to a proposed 24 , 000
square foot building - northwest corner of 16th Street and
Medical Center Drive in the CO-1, Commercial Office, General
plan land use designation. (Backup material was distributed
on January 26, 1998, Item No. 26 . ) Ward 6
Owner/Applicant : Brian Caster
Caster Group L. P.
4607 Mission Gorge Place
San Diego, CA 92120
Request/Location: The applicant is requesting that the Mayor
and Common Council uphold the appeal of the Planning
Commission' s denial of Conditional Use Permit No . 97-09 . Said
project is a proposal to construct a one-story, 24 , 000 square
foot administrative office building for the County of San
Bernardino Behavioral Health Department that will be used as
follows : about 80 percent of the building will be used for
department administration and administration of the Westside
Children and Adult Treatment Services (CATS) and the Offices
of Alcohol and Drug Programs (OADP) ; and 10 percent for the
Westside CATS individual and group counseling and adult-day
programs .
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and
Common Council uphold the appeal and approve
Conditional Use Permit No. 97-09, based on the
findings of fact and subject to the conditions of
approval and standard requirements .
END OF PLANNING MATTERS
10 2/16/1998
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION MATTERS
MONDAY, FEBRUARY 16, 1998 - 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 (Community
Development Commission) agenda (s) .
27 . Adjournment .
MOTION: That the meeting be adjourned.
NOTE: The next regular meeting is scheduled for 9 : 00 a .m. ,
Monday, March 2 , 1998 , in the Council Chambers of City Hall ,
300 North "D" Street, San Bernardino, California.
11 2/16/1998
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.
12 2/16/1998
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
FEBRUARY 16, 1998
Public Works/Engineering
S1 . Resolution of the City of San Bernardino authorizing and
directing the execution of a purchase agreement for a slope
easement and temporary construction easement on the east side
of Kendall Drive, south of Arrowhead Avenue for the proposed
widening of Kendall Drive between 36th Street and "H" Street
in the City of San Bernardino. (A. P.N. 0152-022-24 , Puthoff
property) (See Attached) (Cost to the City -- $5, 030 from the
Gas Tax Fund. ) Wards 4, 5, & 7
MOTION: That said resolution be adopted.
S2 . Resolution of the City of San Bernardino authorizing and
directing the execution of a purchase agreement for a slope
easement and temporary construction easement on the east side
of Kendall Drive, south of Arrowhead Avenue for the proposed
widening of Kendall Drive between 36th Street and "H" Street
in the City of San Bernardino. (A. P.N. 0152-022-25, Knight
property) (See Attached) (Cost to the City -- $1, 810 from the
Gas Tax Fund. ) Wards 4, 5, & 7
MOTION: That said resolution be adopted.
1 2/16/1998
Council Office
S3 . Discuss and take possible action regarding removal of post-
election campaign signs . (See Attached)
MOTION: That the Mayor and Common Council discuss and take
possible action regarding removal of post-election
signs and displays as follows :
Campaign signs and displays which remain deployed
in the public domain will be subject to removal
and/or confiscation by any person, without penalty,
72 hours following the run-off election pertaining
to said campaign.
City Attorney' s Office
S4 . Approve findings of fact and statement of decision and
authorize Mayor to execute said document relative to property
located at 1999 North "E" Street, San Bernardino, California -
Naail Anwya, owner. (See Attached)
MOTION: That the Mayor and Common Council approve the
findings of fact and statement of decision relative
to property located at 1999 North "E" Street, San
Bernardino, California, and authorize the Mayor to
execute said document .
City Administrator' s Office
S5 . Neighborhood Initiative Target Area proposal . (See Attached)
MOTION: That the Mayor and Common Council approve in
concept the Neighborhood Initiative Target Area
proposal, and direct staff to continue to develop
and refine the proposal .
2 2/16/1998
ADDENDUM TO THE SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
OF THE
CITY OF SAN BERNARDINO
February 16, 1998
AS1 . Approve the personnel action list submitted by the Acting
Personnel Director. (See Attached)
MOTION: That the personnel action list submitted by the
Acting Personnel Director dated February 12 , 1998,
in accordance with city policies adopted by the
Mayor and Common Council, be approved and ratified.
1 2/16/1998