HomeMy WebLinkAbout04-05-1999 Jt. Reg Mtg Agenda 4
9
SW
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, APRIL 5, 1999 — 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 on pages 14-16.)
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):
Manta Management Corp. vs. City of San Bernardino - Court
of Appeal Case No. E019635 (Superior Court Case No. SCV
19157);
Kenneth J. Henderson, et al. vs. Economic Development
Agency of the City of San Bernardino, et al. - Fourth
Appellate District Court of Appeals Case No. E021852 (San
Bernardino Superior Court Case No. SCV 16489);
Item Continued on Next Page)
1 4/5/1999
1. Continued.
Kenneth J. Henderson and David R. Edgar vs. Economic
Development Agency of the City of San Bernardino - San
Bernardino Superior Court Case No. SCV 38695;
Saman vs. City of San Bernardino, et al. - United States
District Court Case No. CIV 93-0448 RAP (RMCx);
Hector L. Serrano, et al. vs. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. SCV 46669.
B. Conference with legal counsel - anticipated litigation -
significant exposure to litigation - pursuant to subdivision
(b) (1); (2); (3) (A-F) 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.
(Director of Public Services)
E. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
F. 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.
G. Conference with labor negotiator - pursuant to Government
Code Section 54957.6.
END OF CLOSED SESSION
2 4/5/1999
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments:
A. Appointment - Anna Cox - Board of Police Commissioners -
Council Member Lien. (See Attached)
MOTION: That the appointment of Anna Cox to the Board
of Police Commissioners, as requested by
Council Member Lien, be approved.
3. Presentations.
4. Announcements by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 20 be approved, 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 and
Joint Powers Financing Authority/San Bernardino
Associated Financing Authority, be waived.
3 4/5/1999
6. Council Minutes.
MOTION: That the minutes of the following meetings of the
Mayor and Common Council/Community
Development Commission of the City of San
Bernardino be approved as submitted in typewritten
form:
January 11, 1999 (Distributed on 3/30/99)
January 25, 1999 (Distributed on 3/16/99)
March 17, 1999 (Distributed on 3/26/99)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed in the memorandum dated
March 17, 1999, 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 March 30, 1999, 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.
Development Services
9. Ordinance of the City of San Bernardino amending Chapter 10.52.
of the San Bernardino Municipal Code establishing forty-five mile
per hour speed limit on Pine Avenue between Kendall Drive and
Belmont Avenue. FIRST READING (See Attached) (Cost to the
City -- $600 from the General Fund.) Ward 5
MOTION: That said ordinance be laid over for final adoption.
10. Approve Contract Change Order Nos. 9, 16, and 17 - MCM
Construction, Inc. - Orange Show Road Extension, from
Arrowhead Avenue to Tippecanoe Avenue - Plan No. 9142. (See
Attached) (No cost to the City -- $171,177.96 to be reimbursed
[88% from Federal Aid STP Funds and 12% from IVDA].)
Wards 1 & 3
(Item Continued on Next Page)
4 4/5/1999
10. Continued.
MOTION: That the Mayor and Common Council approve
Contract Change Order Nos. 9, 16 and 17 to the
contract with MCM Construction, Inc., for installation
of additional storm drain improvements and paving, to
provide compensation for additional work performed in
the placement of concrete piles for new bridges, and
miscellaneous items of extra work at an additional cost
of $171,177.96 increasing the contract total from
$9,210,309.58 to $9,381,487.54.
11. Authorize execution of contract Change Order No. 1 - CDE
Resources, Inc. -- street improvements on Mill Street between Lena
Road and Tippecanoe Avenue - Plan No. 9487. (See Attached) (No
cost to the City -- $6,643.16 to be reimbursed [75% from the
Federal Economic Development Agency and 25% from IVDA].)
Ward 1
MOTION: That the Mayor and Common Council approve
Contract Change Order No. 1 to the contract with CDE
Resources, Inc., for installation of a security fence
adjacent to IVDA property, compensation for utility
delays, reconstruction of four sewer manholes,
additional landscaping on the south side of Mill Street,
and deletion of Contract Bid Item No. 8 for a total
additional cost of $6,643.16, increasing the contract
total from $683,671.28 to $690,314.44.
12. Resolution of the City of San Bernardino awarding a contract to H
8v H General Contractors, installation of traffic signal, curb 8v
gutter, sidewalk, and other concrete construction at the
intersection of Waterman Avenue and 28th Street - Plan No. 9927.
(See Attached) (Cost to the City - $180,000 from CDBG
Program Funds.) (Resolution not available at time of printing.)
Ward 7
MOTION: That said resolution be adopted.
5 4/5/1999
13. Authorization to proceed with sale of city property to All Pro
Broadcasting, Inc. - north of Mill Street, east of I-215 Freeway and
west of"G" Street - resolution sets public hearing - May 3, 1999 at
10:00 a.m. (See Attached) (No cost to the City.) Ward 3
Resolution of the City of San Bernardino establishing and setting
fair market value and sales price of $1,500.00 and declaring the
intention of the City to sell property located north of Mill Street,
east of I-215 Freeway and west of "G" Street in the City of San
Bernardino, to All-Pro Broadcasting, Incorporated, and setting a
public hearing to consider said sale.
MOTION: That the Director of Development Services and the City
Clerk be authorized to proceed with the sale of city
owned property located north of Mill Street, east of I-
215 Freeway and west of "G" Street; and that said
resolution be adopted.
14. Approve plan and authorize staff to proceed - vacation of alley
located between Mountain View Avenue and Genevieve Street,
north of Base Line Street. (See Attached) (No cost to City -
applicant to pay $1,000 processing fee.) Ward 2
MOTION #1: That the Director of Development Services and
the City Clerk be authorized to proceed with the
proposed vacation of an alley located between
Mountain View Avenue and Genevieve Street,
north of Base Line Street; and
MOTION #2: That Plan No. 9949, showing the proposed
vacation of an alley located between Mountain
View Avenue and Genevieve Street, north of
Base Line Street, be approved.
15. Approve plans and authorize advertisement for bids for the
construction of new restroom facilities at Ninth Street Park - Plan
No. 9942. (See Attached) (Cost to the City - $135,000 from
CDBG Program Funds) Ward 1
MOTION: That the Mayor and Common Council approve Plan
No. 9942, and authorize the Director of Development
Services to advertise for bids for the construction of
new restroom facilities at Ninth Street park.
6 4/5/1999
16. Resolution of the City of San Bernardino authorizing the
acceptance and execution of a joint use agreement with the
Southern California Edison Company for the relocation of
transmission poles from previously granted rights-of-way to newly
extended right-of-way in the south side of Mill Street between Lena
Road and Tippecanoe Avenue (due to the widening of Mill Street).
(See Attached) (No cost to the City.) Ward 1
MOTION: That said resolution be adopted.
Human Resources
17. Resolution of the City of San Bernardino repealing Resolution No.
1999-40 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) (No
cost to the City -- $4,583 cost federally funded by
Headstart/Preschool program.)
MOTION #1: That said resolution be adopted; and
MOTION #2: That the following salary increases be approved:
Headstart/Preschool positions, retroactive to
September 1, 1998, Teacher/Director from
$13.10/hour to $13.62/hour; Teacher from
$11.38/hour to $11.84/hour; Typist Clerk from
$7.52/hour to $7.82/hour; and Teacher Aide
from $7.52/hour to $7.82/hour; and
MOTION #3: That the Director of Human Resources be
directed to update Resolution No. 6413, Section
13, to reflect this particular action.
Parks, Recreation & Community Services
18. Resolution of the City of San Bernardino authorizing the Director
of Parks, Recreation and Community Services Department to apply
for and administer a grant in the amount of $230,000 from USDA
for the administration of the Summer Food Service Program for
Children. (See Attached) (No cost to the City.) All Wards
MOTION: That said resolution be adopted.
7 4/5/1999
19. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the destruction of certain City records of the
Parks, Recreation and Community Services Program. (See
Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Police
20. Resolution of the City of San Bernardino approving the destruction
of certain obsolete records by the San Bernardino Police
Department. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT CALENDAR
Recommended for approval by Ways and Means Committee on
March 17, 1999 - Council Members present: Schnetz, Devlin
and Anderson
Finance
21. Receive and file final Fiscal Year 1997/98 Primary Government
Financial Report. (See Attached)
MOTION: That the final Fiscal Year 1997/98 Primary
Government Financial Report be received and filed.
END OF COMMITTEE CONSENT CALENDAR
STAFF REPORTS
City Administrator
22. Discuss and take possible action concerning the update of user
fees in the Animal Control, City Clerk, Code Compliance,
Development Services, Fire, Parks and Recreation, and Police
Departments. (See Attached)
(Item Continued on Next Page)
8 4/5/1999
*400
22. Continued.
MOTION: That staff be directed to review the user fees listed in
Attachment A and make recommendations concerning
appropriate fee updates.
City Clerk's Office
23. Designation of City representative and alternate on the Inland
Empire Division of League of California Cities. (See Attached)
MOTION: That the Mayor and Common Council designate
Council Member as the City of San
Bernardino's representative at the meetings of the
Inland Empire Division of the League of California
Cities and designate Council Member
as the alternate representative.
Public Services
24. Resolution of the City of San Bernardino approving the submittal
of an application to the California Integrated Waste Management
Board (CIWMB) requesting to join the Recycling Market
Development Zone (RMDZ) Program through the redesignation of
the Agua Mansa RMDZ. (See Attached) (Cost to the City --
$1,000 from the Economic Development Agency Fund.)
All Wards
MOTION: That said resolution be adopted.
25. Resolution of the City of San Bernardino awarding an emergency
purchase order to Fairview Ford for furnishing and delivery of
thirty (30) 1999 Ford Crown Victoria Police Interceptors to be
utilized by the Police Department of the City of San Bernardino.
(See Attached) (Cost to the City -- $700,547.40 [$93,406.32
from the State COPS Option & $607,141.08 from Police
Department Lease Payment fund].) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
26. Luncheon Workshop - discuss and take possible action relative to
the Business-Industry Growth Economic Development Strategy
developed by the Business Advisory Council - 12:00 noon to 1:00
p.m. - Management Information Center - Sixth Floor of City Hall.
(See Attached)
(Item Continued on Next Page)
9 4/5/1999
26. Continued.
MOTION: That the Business - Industry Growth (BIG) economic
development strategy developed by the Mayor's
Business Advisory Council be adopted.
END OF STAFF REPORTS
CONTINUED ITEMS
Development Services
CONTINUED FROM FEBRUARY 15, 1999
27. Resolution of the City of San Bernardino amending Resolution No.
2086 entitled, in part, "A resolution designating certain street
intersections where a left turn is prohibited . . ." and providing that
left turns are prohibited at the intersection of Tippecanoe Avenue
and Rosewood Drive. (See Attached) (Backup material was
distributed on February 15, 1999, Item No. 15; Item was
referred to the Development/ Environmental Review
Committee.) Ward 3
MOTION: That the matter requesting authorization to prohibit all
left turn movements at the intersection of Tippecanoe
Avenue and Rosewood Drive be continued to May 17,
1999, to allow time for completion of environmental
review.
END OF CONTINUED ITEMS
PLANNING ITEMS
Council Office
28. Authorize initiation of General Plan and Development Code
Amendments - Paseo Las Placitas Specific Plan. (See Attached)
(Cost to the City -- $7,000 from the General Fund.) Ward 1
MOTION: That the Mayor and Common Council direct Planning
staff to initiate amendments to the General Plan and
Development Code related to the Paseo Las Placitas
Specific Plan.
10 4/5/1999
Development Services
TO BE HEARD AT 11:00 A.M.
29. Deferral of Development Fees. (Documentation not available at
time of printing.)
A. An Ordinance of the City of San Bernardino amending
Sections 13.08.055, 15.73.065 and 19.30.320 and adding
Sections 3.26.030(D) and 3.38.040(D) to the San Bernardino
Municipal Code relating to deferral of certain development
fees. FIRST READING (Ordinance not available at time
of printing.)
MOTION: That said ordinance be laid over for final
adoption.
B. An urgency ordinance of the City of San Bernardino
amending Sections 13.08.055, 15.73.065 and 19.30.320 and
adding Sections 3.26.030(D) and 3.38.040(D) to the San
Bernardino Municipal Code relating to deferral of certain
development fees. URGENCY (Ordinance not available at
time of printing.)
MOTION: That said ordinance be adopted.
TO BE HEARD AT 11:00 A.M.
30. Determination of public convenience or necessity for a Type 20
Liquor License for Fiesta Mexicana Market - 1578 W. Base Line
Street. (See Attached) (No cost to the City.) Ward 6
MOTION: That the Mayor and Common Council 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-site beer and wine) Liquor License for
Fiesta Mexicana Market located at 1578 W. Base Line
Street subject to the Police Department's conditions of
approval.
TO BE HEARD AT 11:00 A.M.
31. Determination of public convenience or necessity for a Type 20
Liquor License for a Chevron convenience store - 4095 N.
University Parkway. (See Attached) (No cost to the City.)
Ward 5
(Item Continued on Next Page)
11 4/5/1999
31. Continued.
MOTION: That the Mayor and Common Council 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-site beer and wine) Liquor License for
the Chevron convenience store located at 4095 N.
University Parkway, subject to the Police Department's
conditions of approval.
TO BE HEARD AT 11:00 A.M.
32. Public hearing - Conditional Use Permit No. 98-22 for an Alcoholic
Beverage Control (ABC) License (Type 40) to allow beer sales at an
existing arcade, and make a determination of public convenience
or necessity - southeast corner of 5th Street and Mount Vernon
Avenue - 1285 W. 5th Street. (See Attached) (No cost to the
City.) Ward 1
Applicant: Eulogio 8v Beatrice Banuelos
Billares Family Place Acrade
1685 W. 7th Street
San Bernardino, CA 92401
Owner: Frank 8v Modesta Ruiz
29087 Greenspot Road
Highland, CA 92346
Request/Location: A request for approval of Conditional Use
Permit No. 98-22, for an Alcoholic Beverage Control (ABC) License
(Type 40) to allow beer only sales for on-site consumption at an
existing arcade and pool hall, and make a determination of public
convenience or necessity located in the CG-2, Commercial General,
land use district. The applicant is also proposing tenant
improvements that include a storage room, utility room, and
handicap accessible bar and restroom. The hours of operation are
from 11:30 a.m. to 11:00 p.m., 7 days per week. The project is
located at 1285 W. 5th Street, near the southeast corner of 5th
Street and Mount Vernon Avenue.
Mayor to open the hearing . . .
(Item Continued on Next Page)
12 4/5/1999
32. Continued.
MOTION: That the hearing be closed; and that the Mayor and
Common Council approve Conditional Use Permit No.
98-22, based on the Findings of Fact, subject to the
Conditions of Approval and the Standard
Requirements, and that a determination be made that
the public convenience or necessity is served.
END OF PLANNING ITEMS
13 4/5/1999
tow
MAYOR AND COMMON COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION
AND THE
JOINT POWERS FINANCING AUTHORITY
AND THE
SAN BERNARDINO ASSOCIATED COMMUNITIES
FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, APRIL 5, 1999 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
CONTINUED FROM MARCH 15, 1999
R33. Public hearing - Health Care Revenue Bonds - Assisted Living
Foundation of America -- Fullerton Village Project. (Item was
continued on March 15, 1999, Item No. R2 7; however, no
documentation was available at time of meeting.)
Resolution of the San Bernardino Associated Communities
Financing Authority authorizing the sale and delivery of not to
exceed $9,000,000 aggregate principal amount of Health Care
Revenue Bonds (Assisted Living Foundation of America - Fullerton
Village Project) 1999 Series A Tax Exempt and 1999 Series B
Taxable, and approving the execution and delivery of certain
documents in connection therewith.
MOTION: That the matter be tabled.
R34. Authorize execution of Center Chevrolet Loan Guarantee. (See
Attached) Ward 3
MOTION: That the Community Development Commission
authorize execution of the attached loan guarantees
with Center Chevrolet and related documents by the
Executive Director of the Economic Development
Agency.
14 4/5/1999
R35. Approve in concept senior housing development on Redevelopment
Agency owned land, and set a public hearing to consider a
purchase option agreement. (See Attached) Ward 6
MOTION: That the Community Development Commission: (1)
approve the concept of developing senior housing on
the five and one-half (5 1/2) acre site (APN #143-171-27)
owned by the Agency, located on Base Line, east of
Medical Center Drive; and (2) set a public hearing to
consider a proposed Purchase Option Agreement by
and between the Agency and Cooperative Services Inc.,
(Northwest Project Area).
R36. San Bernardino Joint Powers Financing Authority Tax Allocation
Bonds (20% Set Aside Series) 1999. (See Attached)
(Community Development Commission)
A. Resolution of the Community Development Commission of
the Redevelopment Agency of the City of San Bernardino
approving that certain exchange agreement with the
Department of General Services and that certain purchase
and sale agreement with the Department of Transportation.
(9th & Del Rosa and Caltrans Phase I Site) (Resolution not
available at time of printing.)
B. Resolution of the Community Development Commission of
the Redevelopment Agency of the City of San Bernardino
authorizing a certain loan agreement and documents related
thereto in connection with the issuance of certain Tax
Allocation Bonds by the San Bernardino Joint Powers
Financing Authority. (Resolution not available at time of
printing.)
(San Bernardino Joint Powers Authority)
C. Resolution of the San Bernardino Joint Powers Financing
Authority authorizing the issuance of not to exceed in
aggregate $5,000,000 Tax Allocation Bonds (20% Set Aside)
Series 1999 approving the form of legal documents related
thereto and authorizing and directing preparation, execution
and delivery of the final forms thereof. (Resolution not
available at time of printing.)
(Item Continued on Next Page)
15 4/5/1999
R36. Continued.
(Mayor and Common Council)
D. Resolution of the Mayor and Common Council of the City of
San Bernardino approving the transfer of certain property
located at 9th and Del Rosa Streets, the sale of the Bice and
Glaziers Fund Properties and the amendment of the
Feldkamp Settlement Agreement. (Resolution not available
at time of printing.)
E. Resolution of the Mayor and Common Council of the City of
San Bernardino approving the issuance of certain Tax
Allocation Bonds by the San Bernardino Joint Powers
Financing Authority and authorizing a certain loan
agreement and certain documents related thereto.
(Resolution not available at time of printing.)
MOTION: That said resolutions A-E, be adopted.
37. 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.)
38. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, April 19, 1999, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
16 4/5/1999
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 4/5/1999
SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
APRIL 5, 1999
TO BE HEARD AT 2:00 P.M.
S1. Request for closed session.
MOTION: That the Mayor and Common Council/Community
Development Commission recess to closed session for
the following:
A. Conference with real property negotiator - pursuant to
Government Code Section 54956.8:
Property Address: San Bernardino International
Airport Authority property
Negotiating Party: Mayor Valles on behalf of the City of
San Bernardino
Under Negotiation: Term sheet for lease/leaseback
financing
TO BE HEARD AT 2:00 P.M.
S2. Resolution of the Mayor and Common Council of the City of San
Bernardino approving certain terms and conditions and
authorizing the payment of financing costs in connection with the
lease/leaseback financing for the San Bernardino International
Airport (SBIAA Financing). (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
1 4/5/1999