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HomeMy WebLinkAbout11-16-1998 Jt. Reg Mtg Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, NOVEMBER 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. (Community Development Commission items are on pages 10 & 11.) 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). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) 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. (Item Continued on Next Page) 1 11/16/1998 VOW 1. Continued. 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 publics' right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Property: 247 W. Third Street Negotiating Parties: Gary Van Osdel, on behalf of the Economic Development Agency and Terrance Moore, on behalf of Caltrans Under Negotiation: Price, terms and conditions END OF CLOSED SESSION 2 11/16/1998 RECONVENE MEETING 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 17, 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/Community Development Commission be waived. 3 11/16/1998 Now 7. 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 as submitted in typewritten form be approved: September 21, 1998 (Distributed on 11/5/98) September 29, 1998 (Distributed on 11/4/98) October 5, 1998 (Distributed on 11/5/98) 8. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 9, 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 November 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 Administrator's Office 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Administrator to submit an application for grant funds from the California Healthy Cities Project for the following project: "Youth Takin' on Tobacco Project". (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 4 11/16/1998 City Attorney's Office LAID OVER FROM NOVEMBER 2, 1998 11. An ordinance of the City of San Bernardino adding Sub-Section A.11 to Section 9.90.010 of Title 9 of the San Bernardino Municipal Code empowering San Bernardino Community College Police to arrest and issue citations for violations of Title 9 of the San Bernardino Municipal Code. FINAL READING (Backup material was distributed on November 2, 1998, Item No. 16.) MOTION: That said ordinance be adopted. Code Compliance 12. 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. (See Attached) MOTION: That said resolution be adopted. Council Office LAID OVER FROM NOVEMBER 2, 1998 13. An ordinance of the City of San Bernardino adding Section 5.04.378 to Title 5 of the San Bernardino Municipal Code relating to pedestrian food vendors. FINAL READING (Backup material was distributed on September 21, 1998, Item No. 22, and was continued to November 2, 1998, Item No 19.) MOTION: That said ordinance be adopted. Development Services LAID OVER FROM NOVEMBER 2, 1998 14. An ordinance of the City of San Bernardino amending Chapter 19.06, Section 19.06.020, Table 06.01 and amending Chapter 19.06, Section 19.06.030, Table 06.03 of the San Bernardino Municipal Code (Development Code) to add mini-storage as a conditionally permitted use in CG-1, Commercial General Land Use District. FINAL READING (Backup material was distributed on November 2, 1998, Item No. 24.) MOTION: That said ordinance be adopted. 5 11/16/1998 15. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Bonadiman-McCain, Inc., for the widening of Kendall Drive Bridge at Cable Creek Channel per Plan No. 9728. (See Attached) (Cost to the City -- $488,000 from the Y2 Cent Sales and Road Tax Fund.) Ward 5 MOTION #1: That the Mayor and Common Council be authorized to amend FY 1998/99 Capital Projects budget and increase Account No. 129- 367-5504-7068 by $90,000; and MOTION #2: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Valley Slurry Seal Company for pavement rehabilitation by slurry seal method, Phase VI, between Fifth Street and Baseline, and between I-215 and Lytle Creek. (See Attached) (Cost to the City -- $585,000 from the Y2 Cent Sales and Road Tax Fund.) Wards 1, 3, & 6 MOTION: That said resolution be adopted. Public Services 17. Resolution of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to Consolidated Fabricators for the purchase and delivery of commercial roll-off refuse bins to be utilized by the Public Services Department. (See Attached) (Cost to the City -- $45,983.47 from the Refuse Fund.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR PUBLIC MEETING TO BE HEARD AT 10:00 A.M. 18. Public meeting - Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Lift Station Maintenance Assessment District (AD 1024 - Tract No. 14706). (See Attached) (No cost to the City -- $4,000 cost paid by petitioner.) Ward 3 (Item Continued on Next Page) 6 11/16/1998 18. Continued. MOTION: That the public meeting relative to the formation of Inland Center Drive and Riverwalk Drive Area Landscape and a Sewer Lift Station Maintenance Assessment District (AD 1024 - Tract No. 14706), be closed; and protests, if any, be carried over to the public hearing on December 7, 1998 at 10:00 a.m. END PUBLIC MEETING STAFF REPORTS City Administrator's Office 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a service agreement with Big Red Apple, regarding the marketing and management of the San Bernardino Stadium. (See Attached) (Cost to the City -- $50,000 from the Baseball Stadium Fund.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted; reject all other bids and authorize the Director of Finance to amend the FY 1998/99 budget to reflect an increase of $50,000 in Account No. 133-461-5505 (Other Professional Services). Council Office 20. Appointment of Council Member Jerry Devlin to the Redevelopment Committee. (See Attached) MOTION: That the appointment of Council Member Jerry Devlin to the Redevelopment Committee, be approved. Development Services 21. Approve Contract Change Order No. One - installation of underground fuel tanks and new fuel station at City Yard, and removal of existing fuel tanks and contaminated soils. (See Attached) (Cost to the City -- $8,627.34 from the Library/Fire Refinance Capital Projects Fund.) Ward 5 (Item Continued on Next Page) 7 11/16/1998 21. Continued. MOTION: That the Mayor and Common Council approve Change Order No. One to the contract with Spencer 8v Jones General Contractors for the design/build/installation of a new fuel station and the removal of the existing fuel stations and contaminated soil at an increase of $8,627.34 to the original contract price of $503,890. This increase will compensate the contractor for additional work required in the installation of a Sand/Oil Clarifier, concrete pad, two additional catch basins, and the reduction of the quantity of asphalt pavement. Human Resources 22. Provision of City's various insurance benefits. (See Attached) MOTION: That the Mayor be authorized to execute an agreement with Delta Dental to provide the City's dental insurance benefits and with UNUM Insurance to provide the City's life, accidental death and dismemberment and long term disability insurance benefits, subject to City Attorney approval and ratification of the final agreement by the Common Council. END OF STAFF REPORTS PLANNING ITEMS TO BE HEARD AT 11:00 A.M. CONTINUED FROM NOVEMBER 2, 1998 23. Appeal hearing - Conditional Use Permit No. 98-06 and Variance No. 98-02 - a proposal to establish an indoor storage facility in an existing 11,500 square foot building, and outdoor vehicle impound yard, and a request for variances for setbacks and fence/wall heights at 197 South "D" Street. (Backup material was distributed on October 5, 1998, Item No. 48, Item was continued to November 2, 1998, Item No. 23.) Ward 3 Appellant: John Jensen 444 Athol Street San Bernardino, CA 92401 (Item Continued on Next Page) 8 11/16/1998 23. Continued. Applicant/Owner: Brenda & Michael Allen 206 North "D" Street San Bernardino, CA 92401 Request/Location: The applicant requests approval to vary from Development Code standards as follows: 1) reduce the ten foot front and side street setbacks (along "D" and Athol Streets) to five feet and four feet; 2) reduce the ten foot interior side and rear setbacks to zero to accommodate the establishment of an outdoor vehicle impound yard (with a six foot screening wall along a portion of "D" Street; and 3) increase the maximum allowable fence and wall heights in the front and street side setbacks from six feet to eight feet (along "D" and Athol Streets). The 0.73 acre site is located at 197 South "D" Street on the northeast corner of Athol and "D" Streets, in the IL, Industrial Light, General Plan land use designation. Mayor to open the hearing . . . MOTION: That the hearing be closed; that the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 98-06 and Variance No. 98-02, based on the findings of fact, subject to the conditions of approval and standard requirements in the staff report dated September 24, 1998, from Michael E. Hays, Director of Development Services. 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Development Services to execute a streambed alteration agreement with the State Department of Fish and Game relating to Seismic Retrofit of various bridges. (See Attached) (No cost to the City.) Wards 1, 3, & 6 MOTION: That said resolution be adopted END OF PLANNING ITEMS 9 11/16/1998 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, NOVEMBER 16, 1998 - 2:00 P.M. PRESENT: ABSENT: TO BE HEARD AT 2:00 P.M. R25. Joint public hearing - to consider the terms of a proposed disposition and development agreement by and between Immigration and Naturalization Services (INS) Office, Inc., a California Corporation and the Redevelopment Agency of the City of San Bernardino - affecting a 3.27 acre site located on 655 West Rialto Avenue - it is proposed that INS Office, Inc. (Vanir) shall acquire such property from the Agency and undertake the development of a 60,000 square foot office building on the property, subject to the terms of the lease agreement by and between the General Services Administration (GSA) and the Agency for the U.S. Immigration and Naturalization Service regional facility. The public hearing shall be conducted as set forth in Health and Safety Code Section 33433. (No documentation available at time of printing.) R26. Single Family Rehabilitation Program - Outsourcing Services Phase II. (See Attached) (Cost -- $607,500 from the 1998 CDBG Line of Credit.) All Wards MOTION: That the Mayor and Common Council authorize the issuance of a one-year contract, in the forms substantially as attached, with Neighborhood Housing Services of the Inland Empire, Inc., (NHS) for home improvement loan processing, home improvement project management, and a Handyworker Grant Program and set-aside $607,500 overall, from the Single-Family Rehabilitation Loan Program for this effort. 10 11/16/1998 Aftft R27. Single Family Rehabilitation Program - Outsourcing Services, Phase III. (See Attached) (Cost -- $100,000 from the 1998 CDBG Line of Credit.) All Wards MOTION: That the Mayor and Common Council authorize the one (1) year contract with San Bernardino West Side Community Development Corporation for a Handyworker Grant Program and set-aside $100,000 from the Single-Family Rehabilitation Program for this effort. R28. Authorize use of Home Investment Partnership Act Program (HOME) Funds for Homebuyer Education Program. (See Attached) (Cost -- $56,000 from the 1998 HOME Line of Credit.) All Wards MOTION: That the Mayor and Common Council authorize a one (1) year contract, under HOME Project #98-401, Mortgage Assistance Program, a Homebuyer Education Program in the amount of $56,000 with Neighborhood Housing Services of the Inland Empire, Inc. R29. Authorize staff to prepare an Agreement with Theater Arts International to manage the California Theater for one year, commencing on December 1, 1998. (See Attached) MOTION: That the Community Development Commission authorize staff to prepare an agreement with Theater Arts International to manage the California Theater for one year, commencing on December 1, 1998, with a thirty day termination clause by either party. R30. Authorize preparation and execution of a Third Amendment to the demolition assistance loan with Mr. Erwin Skadron, extending the term of the loan from October 30, 1998, to October 30, 1999. (See Attached) Ward 1 MOTION: That the Community Development Commission authorize the Executive Director to prepare and execute a Third Amendment to the demolition assistance loan extending the term of the loan from October 30, 1998 to October 30, 1999. 11 11/16/1998 'err► 31. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, December 7, 1998, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 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 11/16/1998